NOTARY DEED IN ELECTRONIC FORMAT AND REMOTE NOTARY DEED IN THE REPUBLIC OF MOLDOVA: DREAM OR UTOPIA?
NOTARY DEED IN ELECTRONIC FORMAT AND REMOTE NOTARY DEED IN THE REPUBLIC OF MOLDOVA: DREAM OR UTOPIA?

Author(s): Vitalii Pistriuga
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Universităţii »Alexandru Ioan Cuza« din Iaşi
Keywords: notarial deed; e-notarial deed; e-notarial document; remotely notarial deed; legal act;
Summary/Abstract: In our days, the development of the state and society is seen indispensably by the integration of information’s technologies. Being one of the basic pillars, which ensures the security of the civil circuit of goods, qualified notarial assistance has long been waiting for the adjustment of the legal framework and the introduction of the electronic notarial deed. By the Disposition of the Minister of Justice, a working group was formed in order to develop a draft law with the necessary amendments along. In addition to the ordinary process of drafting the legislative act, a project was recently initiated to modernize the legal framework as an emergency, targeting several areas, including the introduction of digital notary. The content of this research will reflect the history of development of the e- notary in the Republic of Moldova up to the current stage. The research will also contain an analysis of the legislation of other states, where electronic notarial deeds are already implemented, and those where the introduction of electronic notarial deed has failed. The author will differentiate between the electronic notarial deed and the remote notarial deed, as well as will try to identify the prerequisites for their implementation. Failure to adjust the project may have negative consequences, which will block the implementation of the electronic notarial deed in the Republic of Moldova, thus the research will identify some threats that may affect the appearance of the electronic notarial deed as a result of the adoption of the draft law presented to the Parliament of the Republic of Moldova and will intervene with some proposals to improve it. Additionally, will be examined the results (impact) of introducing of a new legal framework on the civil circuit security, which will deprive the notary by the necessary tools and by the clear regulation of the notarial procedure.

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