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Ostapenko I.A. Social-Legal Factors Influencing the Evolution of the Latin Type Notariat

DOI: https://doi.org/10.15688/lc.jvolsu.2017.2.21

Igor A. Ostapenko, Lead Specialist - Expert (Legal Advisor), Pension Fund Office of the Russian Federation in Dzerzhinsky District of Volgograd, Respublikanskaya St., 17, 400075 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it.


Introduction: the article defines the objective factors of formation and development of the institution of notariat in a number of Western Europe countries. The functions similar to notary ones already appeared in the ancient civilizations as a kind of administrative activity. The subsequent evolution of the institute of notariat has been affected by various social-economic factors existing in a particular historical time period. Objective: to study the background and causes that led to the development of notariat as a body stabilizing the civil circulation by means of the extrajudicial form of protecting the rights and lawful interests of persons. Methods: the framework of the methodological arsenal of the article is the methods of scientific knowledge, analysis, the historical and legal method and the comparative law method which are used in it. Results: the analysis of the most important prerequisites for facilitating the formation of notary bodies in Western Europe, particularly in France and Germany, is conducted. Conclusions: in each of the countries of Western Europe, notariat had their specific features of development; the basis of such features was different social and economic processes in a particular period. At the same time, the close interaction of the national notarial systems in Western Europe led to the formation of a certain uniform system of the organization of notariat and the uniform exercise of their notarial acts, which later received the name of the  Latin type notariat. In the countries which are included in the system of the Latin type notariat the specific features related to the notarial activities, which generally do not affect the current uniformity in the exercise of their notarial acts, continue to exist. The general conclusion is the characteristics of notarial activities as law enforcement ones, which are active in the stabilization of civil circulation through the pre-trial settlement of conflicts and disputes, protection of the whole complex of various property rights and interests.

Key words: notariat, civil circulation, history of notariat, Latin notariat, law, notary status.

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