The review of notarial acts : 1927 to date

Abstract

This thesis focuses on the system of review of notarial acts provided by the Notarial Profession and Notarial Archives Act making a comparative analysis between the old system as it stood prior to Act XXIV of 2011 and the overhauled one after the amendment by this important Act. Chapter 1 presents a historical approach to this system as from 1927 till 2011 by exposing the major developments in this subject through an examination and an explanation of the significant legislative amendments which took place during this period. Chapter 2 evaluates the extent of the effectiveness of the old system and identifies its defects. In addition, this Chapter also puts to light any consequences which emerge from it and discusses any temporary legislative measures which the Legislator took in order to circumvent its shortcomings before the introduction of Act XXIV of 2011. Chapter 3 outlines the main innovations to the overhauled system which started off on the 1st January, 2013. It compares and contrasts the new system with the old one, exposing important changes and improvements are exposed. Chapter 4 delves into and examines other systems of review which are established in other countries having civil-law notaries. This Chapter involves a lot of important information regarding these systems which may be implemented in our law in order to improve our system of review. Chapter 5 tackles the subject from its practical point of view. The information found in this Chapter was obtained by means of a questionnaire distributed amongst five review officers. By giving out the results, this Chapter aims at perceiving a general overview of the practical difficulties which the review officers encounter during the current system of inspection and review of notarial acts.