EXPANSION OF SCOPE OF IMPARTIALITY OF NOTARY IN DOMAIN OF PUBLIC LAW

Abstract

The paper analyzes the revision of the role of notaries in public law that in a new way is lighting impartiality as one of the basic features of notary profession. To the new reconstruction of notarial activities could be reached only with overcoming the classical triple state power sharing and the expansion of the idea of “new authorities”. Therefore, these impartiality of notaries could come through, first, by analyzing the spread of the principle of separation of powers. These considerations have led, then, to the independent regulatory bodies to which the public administration, as entities outside its organizational structure, transmits more public authorities. By analyzing the characteristics and functions of these bodies doctrine has identified a specific function that they were given, the function of impartial guarantees, which provides protection of private and collective interests and rights. To the similar findings came jurisprudence in relation to the notaries as a public service, which shows that it can allocate an entire complex of activities that precede the drafting of notarial act and that could be defend as an adjustment to the will of the parties to the rules of the legal system. In this new reconstructed notary role the impartiality appears in a completely new dimension: impartiality arises as a rule of action, not only when he participates in the processing of cases in which the parties wish to define and achieve some private interests, but also, and above all, that impartially guarantees to third parties, and to the state that such arrangement does not oppose of other protected interests. In this way reveals that the obligations of the notary’s impartiality does not stop at the borders of private law, thus its scope becomes much wider.