The functions of the notarial council : a comparative study

Abstract

“The Notary is a Public Officer and as such is an emanation of the State. At the same time, he is a free professional with his own personal office, independent of the State and of the parties. This dual nature ensures the right balance between the legal-fiscal functions for which the Notary is the ultimate reference point” 1. SCOPE: This particular study shall aim to identify the responsibilities, aims and objectives of the Notarial Councils in Malta and other European Countries in conjunction with the national notaries of the country discussed. This in-depth research shall aim toward the aid that is given to notaries by their Notarial Councils in the Maltese Islands and other Notarial councils in European Counties, and further discussions are made on differences and similar functions. This study shall also look into the functions of the European Notarial Council and how they go about together facilitating everyday functions of the Notary in cross-border litigation, together with what can be mirrored in Malta to facilitate the daily needs in the ambit of the notarial Profession in Malta from the outcome of this study. This study will only focus on the Notarial Councils and the Notarial Council of Europe. 2. METHODOLOGY: For this study, the best process that is more adapted to be used here is the qualitative approach instead of the quantitative analysis. This study does not require first-hand research or interviews as it aims to compare the functions of the Notarial Councils; therefore, the data shall be already available on their websites and legal texts and the law itself. The assessment will be gathered through: 1. The Maltese Laws 2. Websites and other journals 3. Studies already conducted by other individuals such as dissertations.