SOME ASPECTS OF NOTARY IN GERMANY
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 3, Issue
Abstract
Today in Europe there are three basic models of Latin Notaries, German, French and mixed. German notary model is presented in three forms: notaries, lawyers, notaries, notary-public servants. In the system of the German notary is a public officer, according to the law of the country must have a law degree, a similar formation judge or lawyer. The post of notary may be appointed only a German national who, according to the German Law on Judges, suitable for the post of judge. It must be «complete lawyer». A person over 60 years cannot be appointed a notary. The age limit for acting notary – 70 years. In Germany, the notary is obliged to participate in the conclusion of agreements relating to the areas of law listed below: Commercial Law, Corporate Law, Family Law. Job notary is not a commercial activity. The notary is obliged to refuse any commercial action, particularly from campaign, contrary to the official position. From this position it special duties resulting in the state legislative definition of the relevant organization of this activity. Should be made clear legislative procedural prerequisites. The study of international experience enables notaries to examine good practice abroad, familiar with German law on the organization and functioning of notaries.
Authors and Affiliations
Н. М. Денисяк
Keywords
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