Sinteză semnificativă de practică penală privind activitatea notarială - Acta Universitatis Sapientiae

Acta Univ. Sapientiae, Legal Studies, Special Issue (2023) 85–110

DOI: 10.47745/AUSLEG.2023.12.X.06

Synthesis of Significant Criminal Practice Regarding Notarial Activity

Abstract. The author points out elements to substantiate the legal status of the notary public: the notary carries out a free regulated profession and im­plements a public service; fulfils an essential social and institutional mis­sion and performs a niche but important protective function for free civil life; therefore, it must comply with the sovereign will of the clients in any manifestation that describes their private interests and, separately, integrate them legally into the social relationship.

Practically, the notary independently produces the notarial instrument, carries out solemn protective procedures, and offers solutions in the inte­rest of the client by interpreting the law located, too often, in an area of uncertainty.

It follows, then, the application of these concepts in criminal jurispruden­ce, emphasizing, beyond the wording of reasons, the common sense and practical sense of the solutions issued by the magistrates: the notary is not an official and only serves the client’s private interests by integrating them socially; the notary has no obligation to verify the reality of what is contai­ned in the documents produced by the administration, nor the internal will of the parties; s/he presents the client with valid and sufficient working versions; the law too often produces uncertainty, and the solutions of the notary, placed in such a reality, justify the analysis of the notary’s professio­nal behaviour in a concrete, case-by-case framework and by no means only according to abstract criteria.

Keywords: notary public, notary service, private interest, general interest, regulated profession, free profession, uncertainty of the law