MAIN PRINCIPLES AND CHARACTERISTICS OF PUBLIC NOTARY ACTIVITY IN ALBANIAN LEGISLATION Cover Image

MAIN PRINCIPLES AND CHARACTERISTICS OF PUBLIC NOTARY ACTIVITY IN ALBANIAN LEGISLATION
MAIN PRINCIPLES AND CHARACTERISTICS OF PUBLIC NOTARY ACTIVITY IN ALBANIAN LEGISLATION

Author(s): Erjola Aliaj
Subject(s): Constitutional Law, Civil Law
Published by: Editura Bibliotheca
Keywords: principles; characteristics; public notary; Albanian legislation;

Summary/Abstract: The profession of notary is a very important link in terms of legal relations, especially civil and commercial ones. The notary is a representative of the state, who has the duty to control the full and free will of persons, who want to receive a notary service. It appears to be a guarantee of the state to prevent possible conflicts for which the parties can claim to the prosecutor office or court. The role of the notary is to be impartial in order to create public credibility and to advise the parties on the legality of the legal action that indent to be established. Notary services are very early in terms of their beginnings. We can say that even today there are many similarities between notary services today and those offered in the beginnings of this profession. The notary has always been a representative of the state and a man that was well acquainted with the laws of the country and due to this kind of activity or its formation is considered an elite function. In terms of its function, the notary is considered a public function, but due to the need to have faster and more services and at more flexible schedules than those provided by the state administration, it is provided privately. For this reason, it is considered a free profession and is subject to legal provisions governing the activity of traders and companies and at the same time is considered a taxable entity. Unlike many other free professions, that of a notary has a character that can be considered "sui generis" for the reasons shown above. In the present research paper, through a legal assessment, special attention has been given to public notary acitivity in the Albanian legislation, aiming to analyze the legal provisions which regulate it, in this regard.

  • Issue Year: 58/2023
  • Issue No: 1
  • Page Range: 12-18
  • Page Count: 7
  • Language: English
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