Common rules for drawing up notarial acts in the light of the legislation of the Republic of Moldova and of Romania Cover Image
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Reguli comune de îndeplinire a actelor notariale prin prisma legislației Republicii Moldova și a României
Common rules for drawing up notarial acts in the light of the legislation of the Republic of Moldova and of Romania

Author(s): George Cristian Schin
Subject(s): Civil Law
Published by: Uniunea Juriștilor din România
Keywords: notarial act; notarial action; public notary; document; signature; endorsement of authentication; notarial certificate; inheritance certificate; legal capacity; discernment;

Summary/Abstract: The elaboration of the notarial acts takes place in compliance with some requirements strictly provided in the normative acts. These requirements for the preparation of notarial acts are called rules for drawing up and affect to all notarial acts and actions. The topic covered in this paper is of interest to theorists and law practitioners from the Republic of Moldova and from Romania. In the Republic of Moldova there is a long process of formation and consolidation of notarial legislation. In the absence of a well-elaborated normative framework, the notaries public from the Republic of Moldova apply, here and there, the rules for drawing up the notarial acts inherited ever since the period of the Soviet Union. Another situation exists in Romania, whereas the legislator, by the Law No 36/1995, has established a stable normative framework for regulating notarial law relations. The main objective pursued by the author in the elaboration of the paper consists in the comparative analysis of the common rules for the drawing up the notarial acts through the Romanian and Moldavian legislation. The results of the research are manifested by formulating some conclusions and recommendations for amending the legislation. The theoretical implications of the study are relevant due to the diversity of the doctrinal sources used by the author. An increased attention was paid to Moldavian and Romanian researchers. In addition, the doctrine of the notarial law in the Russian Federation has been considered, which, over many decades, has become traditional in the Republic of Moldova.

  • Issue Year: 2020
  • Issue No: 04
  • Page Range: 59-73
  • Page Count: 15
  • Language: Romanian
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