Civil Law Notary (also known as an International Notary, a Juridico or Juridical Notary Public (outside the United States), Notários or Notario Publico in Latin Countries, Notariato in Italy, Notar in Germany and Norway, Noterler in Turkey, Notarialno in Poland,   Koshonin in Japan, Notáru in Lithuania, Notarska in Slovenia and Notaire in France)

What is an Alabama Civil Law Notary?

He or she is a qualified, experienced lawyer who has completed a course of training and rigorous examination and is authorized by the State to grant public faith to certain common, everyday transactions. In other words, these transactions are given a higher level of trust, or public faith, as to their accuracy, and this has the effect of legally "armor-plating" these transactions.  Once your transaction is approved by the State, through a civil law notary in this way, it makes litigation surrounding the transaction much less likely.  Civil law notaries are a part of a long and respected tradition reaching back to the early middle ages across Europe.  In other countries civil law notaries are called "notario publica" and "notaire" (pronouced no-tarry).  All civil law notaries follow a strict regimen and subscribe to the highest ethical standards to protect their public acts and the sanctity of their office.  The office of Civil Law Notary was created in Alabama under statute, Code of Alabama, 1975, §36-20-50, as amended.

What do they have? 

A Civil Law Notary holds the "public faith" of the government and can assert this Public Faith in reference to the existence of an event they witnessed, the existence of certain documents, the existence of official acts, the content of a contract, the signature of a party, and as well the due representation of an agent on behalf of a principal. As you can see, their authority is broad and substantial.

The Civil Law Notary normally performs his or her duties either in the issuance of an Authentic Act (also called a "Escritura Pública", or Public Instrument) that will contain the transaction sought by the parties or they will affirm to the signature of a party that signs a document before them.

In Authentic Acts. A Civil Law Notary performs the majority of his or her work via the Authentic Act document. This instrument consists in its first section of a preamble identifying the intervening Civil Law Notary, the time and place of the act, the participating parties and the type of act that will be performed. Its second section will contain the content, or body, of the event (e.g. contract, will, power of attorney, or other). The third portion contains the certification of the Civil Law Notary as to who participated, that they were advised of the content and consequences of the act, identify the parties' personal data, identification of owners of attorney with which they acted, and then the Civil Law Notary witnesses of the signatures of the parties and then signs the certification, giving Public Faith (in Spanish "Doy Fe", or "I Give Faith").

Is an American "Notary Public" the same as a Civil Law Notary?

No.  Notaries in the rest of the world are trained lawyers.  It is only in America that our notaries are not lawyers.  Otherwise, the civil law notary, the true notary, could just call himself a notary.  But along the way, we as Americans decided that we only wanted our notaries certifying signatures, so we limited them to that.  And as you know, just about anyone can be a notary public.  Civil Law Notaries are not limited to certifying signatures alone, and can certify facts, circumstances, and even the entire document, including the signature.  As experienced attorneys (a requirement for being a Civil Law Notary), our focus as a civil law notary is counseling you as a party to a transaction or situation and protecting the best interests of your transaction or situation.
 
Characteristics of the Civil Law Notary profession

Although structured differently in differing jurisdictions, the profession shares a number of very similar aspects which can be summarized as follows:

• partial delegation of sovereign State power to act on behalf of the State in providing a public service for officiating and evidencing contracts and formal arrangements;
• an independent activity carried on as a profession but subject to State supervision;
• an impartial advisory role to avert conflict by eliminating or reducing the risks of disputes.

Although civil law notaries who in their original role are lawyers, in the United States they presently only operate in Alabama and Florida. Most European member states have civil law notaries, but in Denmark, Great Britain and Ireland the profession as such does not exist.

In America the Civil Law Notary movement is in it's earliest stages.  Since 1999, Business Councils, recognizing the need for civil law notaries and their services on international contracts, pushed legislators in Florida to enact laws creating Civil Law notaries there.  In 2001, Alabama's legislature did the same, and several other states, like Texas, are currently working on their legislation to enable Civil Law Notaries in their jurisdictions. 

In Europe, and to a much more limited extent in the United States, there are two main systems of law. Continental Europe and Louisiana (USA)  have civil law, which is codified, while the rest of the United States and Anglo-Saxon countries operate under a "common law" system. These two contrasting systems clearly affect both the rules governing the legal professions and the legal documents used. Hence, in jurisdictions where Civil Law Notaries operate  (Florida and Alabama (USA), Germany, Belgium, Spain, France, Italy, etc.), there is a special form for certain deeds, this being the "authentic" or official document. While the United States is a common law jurisdiction, Florida and Alabama have adopted certain civil law features by statute, including the office of Civil Law Notary and the special form for certain transactions, the "authentic act" or official document.

Authentic documents denote legal security, sealing contracts and agreements in an irrefutable manner. Only civil law notaries can prepare and register such documents and only they have the authority in this respect. As common law countries do not apply this authentication concept, in terms of the civil law notary profession, they have no equivalent.  This failure gave rise in Alabama and Florida to the institution of the Office of the Civil Law Notary, and the movement is quickly spreading. 

In the United States, there is no requirement for contracts and agreements to be authenticated.  Lawyers continue to draft documents as they always have, but lawyers who are not also Civil Law Notaries lack the authority from the State to authenticate their documents.  

Hence, only in Alabama and Florida, and throughout the European Union countries, apart from Denmark, Great Britain and Ireland, civil law notaries are public officers acting on behalf of the State to give authenticity to the documents they prepare.

Civil Law Notaries archive and "date-stamp" such documents, rendering them conclusive and enforceable.

In Florida, Alabama and most European countries, civil law notaries perform their role as part of a profession which encompasses all non-contentious private legal activities, more especially providing legal advice, assisting clients and preparing contracts and agreements.

Civil Law Notaries are public officers insofar as their official power is vested in them by the State. In this sense, they are subject to State supervision while remaining independent.  This is important if you wish to maintain strict confidentiality in your documents; however, many clients realize that litigation avoidance means more in regard to most of their transactions than the potential disclosure during State supervision and inspection. 


Role, duties and assigned tasks of civil law notaries

Civil Law Notaries facilitate, avert or reduce court intervention by drawing up and authenticating contracts and agreements which in substance, comply with the law and which in form, are effective and enforceable.

Compared to the role of a judge, civil law notaries play a preventive role in averting disputes and disagreements by eliminating or reducing the risks of litigation.

They afford legal security to citizens, their role being to apply the prevailing legislation. They guarantee contractual fairness, certainty and impartial advice.

Civil Law Notaries both advise and assist, reflecting clients' requirements and ensuring they comply with the law. They are accordingly responsible for ensuring the legality of such requirements. Through their impartiality, civil law notaries also ensure fairness between parties, full mutual understanding and approval of the provisions made.

By clearly distancing themselves in the performance of their duties, the tasks of civil law notaries are fundamentally different from those assumed by the lawyer as an advocate.

Civil Law Notaries remain lawyers in private legal matters and must hold a law degree and be admitted to practice law in their jurisdictions.  In addition, they are, at the same time, public officers who act on behalf of the authorities in drafting authentic documents and as such, are subject to State supervision.


Authentic deeds and documents

An authentic document, or deed signed under State or government seal, is a document signed by a civil law notary. Unlike private instruments, which are only signed by the parties involved, authentic documents are also signed by the civil law notary.

In nature, a notarized (signed by a civil law notary) contract or agreement is an authentic, public deed and is particularly effective as a means of evidence. An authentic document is conclusive, bearing witness to the contents of the deed. This is why we describe such documents, or transactions, as being "armor-plated" when they are notarized by a civil law notary.

An authentic document is also enforceable, enabling a creditor to sue a debtor without requiring any prior decision from a court.  In the case of a will where, as a part of his act the notary includes a finding of fact regarding mental capacity, absent fraud in the finding, the Court will give that finding the weight of evidence.  

The date of an authentic document is irrefutable, specifically positioning an agreement or contract in time.

In addition, original authentic documents are invariably retained by the civil law notary and his or her successors, enabling clients who may have mislaid their documents to consult their civil law notary for a certified copy, which is legally equivalent to the original.

Authentic documents are fully effective in Florida, Alabama and all European Union member states. This is a major benefit regarding contracts signed by parties of differing nationalities or agreements to be implemented in several countries.


Impartiality

In performing their professional tasks, civil law notaries are independent and must be impartial in their advisory and documentary roles to ensure fairness between parties and an unbiased approach to the transactions officiated by them.

Concerning contracts and agreements, in terms of an advisory role, the civil law notary plays a greater role than the clients' own legal advisors. In signing together with the other contracting parties, the civil law notary is the only professional party to the transaction.

Civil Law Notaries incur liability in disciplinary terms and in their professional role, and can incur both civil and criminal liability. Over and above incurring his or her liability vis-à-vis the client, the civil law notary also vouches for the fairness and impartiality of the transaction entered into.

The civil law notary's vocation in private matters is to afford legal security and certainty to those with recourse to the law and thus avert litigation by offering impartial advice and ensuring that the documents he or she drafts are legal, authentic and of a public nature.

In their role acting on behalf of the authorities, the actions of civil law notaries are also binding on the State.


Civil Law Notaries as lawyers

It should be added that in the predominant system (i.e. Alabama, Florida and the continental European system), civil law notaries undergo high-level training, at least equivalent to that of advocates and similar to that of a judge, and this is logical given that a civil law notary is required to vest contractual relations with a legal nature which, in the event of non-fulfillment, a judge is called upon to reprimand.

Civil Law Notaries accordingly have the highest level of legal expertise which they update on an ongoing basis.


Do my transactions need to be armor-plated?

Not all of your transactions need armor-plating, but if you believe your transaction would benefit from a measure of litigation prevention previously not available to you in Alabama, armor-plating may be right for your transaction.  


Can you represent me as a Civil Law Notary?

The Civil Law Notary or notaire (French for "Notary") represents the transaction, not the parties, and is obligated to make sure that all parties to the transaction are properly advised as to the legal implications and ramifications of the transaction.  Understanding obligations in this way allows parties to enter the transaction freely and voluntary, with benefit of legal counsel, and with the certainty that they have acted together in such a manner as to avoid future litigation.


What's so special about Civil Law Notaries?

Civil Law Notaries are good people.  Besides that, they can help parties avoid litigation by making findings of fact that courts will accept in the future.  For instance, if you are making a will, a civil law notary can verify your capacity to execute the will (i.e., you think your children are likely to contest your will saying that you were insane at the time you made it - a notary can make a finding of fact, which he includes in the act that includes your will, whereby he states you are competent to make your will - and such a finding makes it much less likely that your children can later use these issues against your will).  If you are concluding a contract, a civil law notary can find that the parties acted at arm's length and were fully advised as to it's contents.  This means that your will, or an important contract, if it had to be litigated, would have only minimal issues to be decided at trial.  Such an approach can reduce or eliminate future litigation.  Civil Law Notaries help the parties by addressing issues common in litigation.  These issues include accuracy and authenticity, meeting of the minds, capacity, and other facts determined at the time of execution.


I'm in a fight with my husband. Can a Civil Law Notary help me?

Civil Law Notaries can't get involved if there is any kind of fight or litigation going on.  Civil Law Notaries are for when people agree, and know what they want.  If the parties disagree, even a little, a civil law notary cannot represent them.  


My husband and I reached a divorce agreement, can a Civil Law Notary armor-plate it for me?

Sure, Civil Law Notaries are great at armor-plating agreements.  Whether it is a settlement of litigation or a promise to give a gift in the future, Civil Law Notaries can armor-plate these agreements, minimize the future risk of litigation and help you make your agreement more certain. Armor-plating reduces the risk of litigation and gives "public faith" to your agreement.


Can a Civil Law Notary help me interact with international companies and people?

A Civil Law Notary, as a member of the International Notariat, is in a good position to help you with your international transactions. Civil Law Notaries belong to a college of the best and brightest lawyers of the world.  Because documents (acts) created by one Civil Law Notary are generally acceptable to other Civil Law Notaries, whether known as notaires or notario publico around the globe, Civil Law Notaries are able to provide certainty for your transactions across national borders.  


Can a Civil Law Notary certify any document I have?

No, but Civil Law Notaries can certify most common, everyday transactions.  International adoptions, prenuptual agreements, last wills, power of attorney and agency contracts, deeds and mortgages and the like can all be armor-plated and given international authenticity by a Civil Law Notary.  Because Civil Law Notaries are trusted around the world, and because of their exceptional ethical requirements, they have to be certain of documents they certify. Documents prepared by Civil Law Notaries are acceptable to most international jurisdictions.  Civil Law Notaries are among the best and most well-trained professionals, and are eager to help you achieve your goals.

Do I have to decide if I need you as a Civil Law Notary?

Yes, if you aren't sure you need a Civil Law Notary, we are happy to talk to you to help you decide if you need our help as a Civil Law Notary.  You can still retain us as lawyers even if you only need a lawyer (remember, a lawyer represents you, but a Civil Law Notary represents the transaction or situation).  We can tell you when we think you might benefit from using us as a Civil Law Notary.  Civil Law Notaries like to help people, and we are excited to join the tradition of history's greatest Notariat in bringing these services to Alabama.

I want you to be my Civil Law Notary.  What do I do now?

Give us a call and set an appointment with a Civil Law Notary. You can call us at:

Tel: 1 (205) 323-3030

or write to us at:

2201 Sixth Avenue South

Birmingham, AL. 35233

or visit us on the web at:

alabamacivillawnotary.com