The Civil Law Notary is the indepent holder of public office, one of the oldest legal professions in Europe. The word “notary” comes from the Latin word “notarius“, literally meaning fast writer. Over the years the notary has developed from a simple recorder to an actual legal profession involved in the provision of preventitive justice.
Civil Law Notaries are highly-qualified, experienced lawyers. During their training, as well as technical training, they are encouraged to take sense of social responsibility. In Saxony a Civil Law Notary practices his office full-time out, whereas in other Länder in Germany Civil Law Notary’s may also practice as a lawyer simultaneously.
At present there are approximately 9000 officiating Civil Law Notaries in Germany. They all are subject to a strict code of conduct contained in the Federal Notary ordnung (BNotO). On the following pages you can discover more about the Civil Law Notary and what he does.
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In Germany freedom of contract is protected by Art. 2 Abs. 1 of the constitution which provides that everyone may contract with whichever party and for whatever item they choose, insofar as not contrary to current law, statutorily forbidden or contrary to public policy. |
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The term notarization is often incorrectly used to describe all the services of the CLN. More correctly though must one differentiate between authentification and notarization.
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The Civil Law Notary is the impartial advisor to the parties of a contract
The Civil Law Notary is, in principle, responsible whenever two or more parties wish to contractually regulate a common activity in their life without the need to undergo any legal fiasco. Whether a contract is commercially prudent for the parties is something the Civil Law Notary will not advise upon.
In law or in other regulations recourse to a Civil Law Notary may be provided for. The services of a Civil Law Notary may though be used by anybody, for instance when entering into a rental contract, even if not provided for providing all parties agree.
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