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Contents
Civil law notary
A civil law notary should not be confused with a notary public which
is a public office in common law jurisdiction that allows the office holder to
administer oaths, see: Notary public.
Civil law notaries are trained jurists who often receive the same training
as advocating jurists, i.e. those with a legal education who become litigators
such as barristers in the United Kingdom or les avocats of France.
Notaries are usually limited to areas of private law, i.e. that law which
resolves between private individuals and involves minimal, if no, state
intervention. The most common areas of practice for notaries are in property
conveyancing and registration, contract drafting, commercial transactions,
successions and other estate related matters. They usually have no authority
to appear before tribunals on behalf of their clients. In some jurisdictions
such as France
they also maintain the official registration of property records, en minute (in minute form).
In New York State there is an attempt to pass a law prohibiting notaries public from listing themselves as Notario Publico because individuals from Spanish
speaking countries may confuse notaries public, who are only required to pass
a short multiple choice test, with the individuals in their home countries
who are usually the most knowledgable professionals with years of advanced
legal training qualified to give complex legal opinion and draft sophisticated
legal texts.
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