Notary Topicalities
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Abstract
The article overlooks the topicality of today’s notariat – the experience, challenges and perspectives within the context of the Lithuanian law system, taking into account the tendencies of notaries legal regulations in the European Union and the rest of the world. The article also discusses the very controversial request that has reached the Court of Justice of the European Union, regarding the requirement of citizenship for the notary, the diversity of the notary’s functions, the conception of e-notary, the increase of notarial services at an international level and the latest initiatives of the European Union in the legal regulation of the activities of notaries.
In 2012, when the independent Notariat of Lithuania celebrated its 20th anniversary, a staggering 86% of respondents fully trusted in notaries. However, the authority of notaries depends not only on the notaries themselves, but also on other government institutions, officials and politicians.
The goal of the Latin Notariat, a member of which the Lithuanian Notariat has been since 1992, is to spread the main needs of a modern society – legal security, the reduction of judicial measures, transparency, etc.
Through the delegated functions by the states for the notaries, the partnership of the public and private sectors is going through a rebirth. The state should constantly overlook the possibility to transmit new functions to the notaries, as they are authorized persons of the state. This would not only increase the availability of legal services to the society, but also save the budget by helping to terminate unnecessary administrational services with the state.
Special attention and preparations must be appointed to the “cross border notary” system. The ability to act by overstepping legal systems of other states is not only one of the most relevant tasks of the modern notaries, but also a chance for the Notariat to take up an important place in the future society.
One of the necessary assumptions for a successful notary functioning is the transfer of operative and reliable notary actions to the cyberspace. However, by all means e-notary should not mean that the quality and legal reliability of authentic instrument will decrease.
In 2012, when the independent Notariat of Lithuania celebrated its 20th anniversary, a staggering 86% of respondents fully trusted in notaries. However, the authority of notaries depends not only on the notaries themselves, but also on other government institutions, officials and politicians.
The goal of the Latin Notariat, a member of which the Lithuanian Notariat has been since 1992, is to spread the main needs of a modern society – legal security, the reduction of judicial measures, transparency, etc.
Through the delegated functions by the states for the notaries, the partnership of the public and private sectors is going through a rebirth. The state should constantly overlook the possibility to transmit new functions to the notaries, as they are authorized persons of the state. This would not only increase the availability of legal services to the society, but also save the budget by helping to terminate unnecessary administrational services with the state.
Special attention and preparations must be appointed to the “cross border notary” system. The ability to act by overstepping legal systems of other states is not only one of the most relevant tasks of the modern notaries, but also a chance for the Notariat to take up an important place in the future society.
One of the necessary assumptions for a successful notary functioning is the transfer of operative and reliable notary actions to the cyberspace. However, by all means e-notary should not mean that the quality and legal reliability of authentic instrument will decrease.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
