Introduction > Notary

Notary

A notary prevents legal disputes and protects the principles of justice and fairness. Their role is impartial assessment of the situation, finding various peaceful solutions and the ability to attain more through compromise than judgments.

Most of the work carried out by a notary, is never actually visible - and so it's good.

There are civil law notaries in the Czech Republic. A notary has a university education in law and is a state-authorized person to provide specific legal services in the form and within the areas prescribed by law.

The status of a notary in comparison with other legal professions of continental law defines the position of legal professions in a court room:
- a judge sits in the head of the session hall always on a podium a cut above all the other parties and/or participants,
- the attorneys (defence counsels) sit on the benches together with the plaintiffs, petitioners, prosecuting attorneys or defendants (respondents),
- a notary stands imaginary above a judge, but he/she is neither a petitioner (prosecutor), nor a defendant. The notary stands between the parties.


The instruments drafted by a notary (notarial acts) are self-authenticating and endowed with probative value at civil law. A notary is obliged to archive their notarial acts for 70 or 100 years, according to the type of instrument, at their premises. After that, the acts are archived centrally.

Notaries are liable for professional errors in the performance of their duties.

A notary is appointed to office by the Minister of Justice on the results of the audition. The Justice Minister also determines the number of notarial offices (numerus clausus) for specific geographical units, i.e. counties and districts.

Notary is a doctor of good manners. Notarial activities extend from the estates over property relations in families, real estate contracts to corporate law. Although statutory law is subject to continuous changes, notarial practice is based on centuries-old traditions, shaped by the daily contact with clients. An experienced notary protects property better than an army of detectives. An impartial notary solves problems of their clients with reference to human decency and prevents future disputes. A notary thus brings good manners and stability into the realm of the property relations.

Notaries in the Czech Republic are civil law notaries of continental (European) type. Civil law notaries are present in 76 countries, which are joined in The International Union of Latin Notaries (UINL). Its members are the states of all continents (except Australia), such as China, Japan, Russia, all European countries with civil law systems of continental type, all Latin American countries and some Muslim and many African countries. The International Union of Latin Notaries was founded in 1948 and is headquartered in Rome. The Society of Notaries of The Czech Republic was accepted as a member of UINL in 1994.

A notary's remuneration is fixed by law. The value of remuneration is usually derived from the subject of the act, e.g. a purchase price, an amount of a loan or an amount of a registered capital of a company. Where the basis for the remuneration can not be determined, the law provides for a fixed price. Other notary's activities have also fixed price per notarial act performed, for example, signature verification CZK 30, drafting wills CZK 1500, etc. In principle, the amount of remuneration can not be agreed with a notary, but it is stated by the law.

More on civil notaries may be found on these web pages:

- The Society of Notaries of The Czech Republic www.nkcr.cz
- The Society of Notaries of The Slovak Republic www.notar.sk
- The Society of Notaries of Austria www.notar.at
- The Society of Notaries of Germany www.notar.de