notariat

Notariat refers to the body of notaries and the institution that supports their work in many civil-law jurisdictions. Notaries are public officers authorized to draft, authenticate, and register certain legal acts with public faith, giving documents probative value and facilitating their enforcement.

Notaries perform core functions such as drafting deeds for property transfers, wills and estate plans, contracts, corporate instruments, and family agreements. They certify signatures, issue copies and certificates, maintain official archives, and give neutral legal advice on matters like real estate, succession, and company law. Their role is to ensure legality, prevent fraud, and provide certainty in private transactions.

The notariat operates under state supervision and is designed to be independent and impartial. Notaries typically belong to professional bodies or chambers and must comply with national laws and ethical rules. Training usually requires a law degree followed by specialized notarial education and a professional examination, along with ongoing continuing education. Fees are generally regulated by law or professional rules.

In legal practice, notarial acts are usually considered public instruments. They often create or transfer rights that are recognized by authorities, courts, and registries, and they routinely maintain official records. The notariat thus plays a central role in property registries, civil status documentation, succession planning, and cross-border transactions in many countries.

Historically, the notariat emerged from Roman and medieval legal systems and became established through codifications in Europe, such as the Napoleonic framework. While the general concept exists worldwide in civil-law traditions, the precise powers and organization of the notariat vary by country. In common-law jurisdictions, notaries have a different, more limited function compared with civil-law notaries.