The notariat is at the service of men and women, their families and their
businesses. Today, this statement is truer than ever. Whilst every day economies
are plunging further into the financial crisis, the notariat remains an
institution whose role and utility are recognised and brought to the fore.
Although we were firmly convinced, besides any misplaced corporatism, and
strengthened by the long and beautiful history of our profession on the European
continent and in the world, there were some, here and there, who took pleasure
in raising doubts. These advocates of deregulation called principally for an end
to notary’s position as a delegate of official authority. It took the subprime
crisis for an American economist, Robert J. Shiller – once the FBI had drawn the
same conclusion – to declare that civil law notaries should be introduced in the
United States to bring security and morality to the American mortgage system.
During this new year we will continue our work to inform. Economic growth relies
on confidence and confidence requires legal certainty in economic exchanges, and
this confidence lies in the authentic act, a legal instrument that unites
confidence with conscience: the confidence of the client and the conscience of
the notary. This is why our states, aware that certain commitments must be
subject to the specific protection of official authority, have delegated the
responsibility of making economic exchanges secure to notaries in many areas (real
estate transactions, family law, company law, etc.).
We, the Notaries of Europe, are also recognised and appreciated partners of the
European institutions, with which we have been able to develop fruitful
collaboration. Throughout 2009 we will continue to bring our expertise in the
quest for this area of justice, security and freedom, to which we and our
clients aspire. In order to succeed, we will concentrate our actions on the free
movement of authentic acts in Europe, on succession and on e-justice. We will
also be involved in family law and the priorities defined for the forthcoming
long-term programme for justice, freedom and security.
Indeed, at a time when physical frontiers no longer exist, legal frontiers
persist, bringing about an increase in complex legal procedures and formalities
for citizens as they become increasingly mobile in Europe. Reducing or removing
them is our challenge for 2009.
Fonte: Sito del Consiglio dei Notariati dell'Unione Europea
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