The Effect of the Business Licensing Facilitation Law Approved in 2022 on the Nature of the Mission (Duties) of the Notary and Its Characteristics

Seyedi Arani, Seyed Abbas

doi:10.48308/eclr.2024.237167.1089

The Effect of the Business Licensing Facilitation Law Approved in 2022 on the Nature of the Mission (Duties) of the Notary and Its Characteristics

Document Type : Original Article

Author

Seyed Abbas Seyedi Arani

University of Kashan

https://doi.org/10.48308/eclr.2024.237167.1089

Abstract

Notary must be distinguished from other professions due to some attributes so as not to disturb the rule of balance between rights and obligations. A fact that has been neglected by the legislator which has caused challenges in three stages of formation, life and end through changing two fundamental privileges of the notary, i.e. acceptance restriction and the right to introduce a successor. There is concern that by approving the aforementioned law in 2022, notary becomes an opportunity for profit seeking and speculation which will degrade the value of the official document that will lead to harmful situations increase. Additionally, Changes in the right to introduce a successor create serious concerns in the transfer of customer valuable records to the new notary. Taking advantage of the provisions of French law and remembering the characteristics of a notary, i.e. independence, lack of speculation, competence and special civil liability, is a way forward. Considering these rules turns the notary into a valuable opportunity to secure the interests of the government, its representative and the client. Utilitarianism is incompatible with lack of profit seeking. Negation of quantification is a common requirement of the independence, competence and special civil liability of the notary. Especially the relationship between trust and confidence, as the center of all these features, requires scientific criteria. The right to nominate a successor is also a suitable solution for the safe transfer of records to a new notary and a necessary condition for a new start. In a situation where this right reaches its perfection with the passage of time, the legislator's action in devaluing it is undoubtedly ignoring the rights of the notaries who have chosen a notary before the approval of Law 2022 and used the life capital in the hope of tomorrow.

Keywords

Independence

Trust and Confidence

Legal security

Negation of Commercialism

Jurisdiction and Civil Responsibility

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