Acta Universitatis Danubius. Juridica, Vol 5, No 1 (2009)

Abstract

In Romania, the notary public is attributed with an autonomous position, but also exercises a service of public interest and the law does not exactly state whether or not the notary public is a public officer. In other states this statute is clearly provided by the law. For example, the first article in The Notary’s Law from Spain defines the notary as “… the public officer who is authorized , in compliance with the laws of the country, to certify contracts as well as other extra-judiciary documents.” The Notary’s Regulation issued in the very same country explicitly provides that “notaries public are at the same time professionals of law as well as public officers.” In a similar approach, Law no. 14/1991 from Poland, on notarial activity, provides in art 2 that: the notary exercises their duties as public officers and benefit from the protection ensured to public officers. Furthermore, the Law on the organization of the public notaries offices in Belgium clearly delineates in art. 1 the notary as a public officer.