European notariate paradigm: Roman origins

Abstract

In the article, based on the analysis of notarial activity under Roman law, the origins of the modern fundamental principles of the Latin notariate are traced. It is suggested to use the term “European paradigm of a notariate” alongside the term “Latin notariate”, in the sense of the primary basis, which sets parameters to follow for other national systems and is based on the Roman (Latin) basis. Characteristic features of the European model of a notariate may be considered in a simplified version through an analysis of the principles of its activity, which focus attention on its main, specific features. They, primarily, reflect the public-law nature of the notarial activity, have normative character, are historical categories, most of which arose on the basis of Roman law and evolved during the further centuries-old history of the notariate, are elements of human culture in general, value that embodies such ideas as a rule of law, civil society, equality and independence of civil actors.