The business impact of being considered a notary on its features (Using the results of French law)

Document Type : Original Article

Author

Faculty of Law, University of Kashan

10.52547/jlr.2023.227977.2255

Abstract

Notary as a free legal profession must be distinguished from other professions due to some attributes so as not to disturb the rule of balance between rights and obligations. A fact that is hidden from the keen eye of the legislator and by making changes in the two fundamental rights of the notary, that is, the restriction on acceptance and the right to introduce a successor it has created challenges in the three stages of formation, life and end. There is concern that with the approval of Law 2022, access to the notary is an opportunity for profit and the notarial arena becomes an opportunity for speculation and the basis for the degradation of the value of the official document and harmful situations will also increase. lack of speculation, competence and special civil responsibility, is a way forward. The consideration of these rules turns the notary into a valuable opportunity to secure the interests of the government, its representative and the client. Utilitarianism is incompatible with lack of profiteering. The right to nominate a successor is also a suitable solution for the safe transfer of records to a new notary and a necessary condition for a fresh start. In a situation where this right reaches its perfection with the passage of time, the legislator's action in devaluing it is undoubtedly ignoring the rights of the notaries who have chosen a notary before the approval of Law 2022 with that in mind, and the life capital in the hope of tomorrow.

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Legal Research Quarterly

Articles in Press, Accepted Manuscript
Available Online from 04 September 2023

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History

  • Receive Date: 12 July 2022
  • Revise Date: 06 July 2023
  • Accept Date: 04 September 2023

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