Advocacy and notary office. The emergence and development of notaries in the pre-Soviet period (the most important)

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Advocacy and notary office. The emergence and development of notaries in the pre-Soviet period (the most important)

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29. The emergence and development of notaries in the pre-Soviet period

Word "notary" comes from the Latin "notarius", which means "scribe", "scribe", "secretary", "stenographer", "clerk". In ancient Rome, this was the name given to slaves who kept business correspondence with their masters.

In the XV-XVII centuries. in Moscow, the written form of the contract was handled by clerks, who drew up written contracts characteristic of that time: "purchasing fortress", record, loan bondage, etc.

In the XV1 century. they united in the so-called artels, headed by the headman. The number of people in them, depending on the population of a particular city, varied from 15 to 24. Contractual letters drawn up by them were subject to mandatory registration in the Armory. Their activities were supervised by the Order of Serf Affairs.

On April 14, 1866, Emperor Alexander II approved the Temporary Regulations on the notary part, which received the force of law in 1875 and extended to the former Kingdom of Poland, and later to the Baltic provinces. It became part of the Judicial Statutes (Code of Laws, vol. XVI^.1).

Candidates who had reached the age of 21, citizens of the Russian Empire, who had knowledge in the field of civil law, statutes and forms of notarial proceedings were appointed to the position of notaries. Before being appointed to office, notaries made bail, the amount of which in the capital city amounted to 10 rubles, in the provincial -6000 rubles, in county townswhere there were district courts - 4000 rubles, in other cities - 2000 rubles. This pledge was aimed at ensuring the property liability of the notary for errors in notarial activities, and upon retirement, the remaining amount of the pledge was returned to the notary.

notaries have the right perform notarial acts for all who apply to them, with the exception of their close relatives. When performing notarial acts, two witnesses should have been present, and if a deed of sale for real estate was drawn up, then there should have been three. The parties were required to submit a police certificate of self-identity, a certificate from the local government about the ownership of the property being alienated by the seller. The draft deal was drawn up on stamped paper, signed in the presence of a notary, including witnesses. After payment of duties and fees, the act was entered into the land register and issued to the parties against receipt.

At the beginning of the XX century. drafted a new edition Provisions on the notarial part. The main provisions it contained were:

1) replacement of notarial positions only by lawyers with high theoretical training for this position;

2) a detailed statement in law of the duties of a notary;

3) establishment of effective supervision over notarial activities.

Authors: Nevskaya M.A., Shalagina M.A.

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