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- Title
ادلفهىو انقانىني نهكاتب انعدل )دراسة مقارنة(.
- Authors
إيناس مكي عبد نصا حسن سامي حسن
- Abstract
Given the importance of the role played by the notary public in the maintenance Rights, and the organization of legal relations of individuals has been concerned The Iraqi legislator regulates this profession by issuing Law No. (33) for the year (1998), which includes the definition of the notary public, his terms of reference, duties, conditions for his appointment, etc... It also allows jurists, within certain conditions, to practice the profession of notary public. And since the notary public, during the exercise of his job duties and duties, may commit professional errors that lead to harm to others, therefore, this study seeks to define the concept of the notary public, and to indicate the conditions that must be met for the appointment of the notary public in order for him to be able to carry out the tasks entrusted to him fully through Not to appoint a person who does not meet the conditions, as this study came out with several results and recommendations, the most important of which is that the notary public is committed to exercising his legal duties and not violating them. The Iraqi legislation and the Egyptian legislation did not define the notary public, while the French legislation did. And that the French legislator regulated the conditions for appointment to practice the profession of notary public in a precise organization, so that it allowed the candidate to first familiarize himself with the theoretical legal rules, through the aforementioned scientific training centers, and then applied them practically so that the candidate had mastered them theoretically and practically, as well as his emphasis on the experience gained in practice or the scientific aspect when he was exempted Some of the owners of practical experience from some conditions, and this shows the importance of the profession to the French legislator being pouring In the stability of civil information between the parties, and that this organization achieves important results, such as choosing the best elements and competencies that are familiar with the profession’s needs in terms of legal knowledge, control of phrases, good perception, behavior and intelligence.the fluency and eloquence of the tongue, and standing on the extent of bearing responsibility and the candidate’s readiness to occupy the profession and interaction with external influences and work under great psychological pressure, and cooperation with colleagues and the public and decency in dealing, as you do not discover these things through the academic certificate, which the candidate may obtain by memorizing Just . And that the Iraqi law of notaries required a course for the notary public to be appointed at the Judicial Institute of not less than three months, so we see that this course is not sufficient to assume the position of notary public, as the period of three months is not sufficient, but the notary public needs a longer period so that it is sufficient to prepare him to be of good character. Experience and knowledge in all the different laws, so that he can do his job in the best way. Theoretical and practical training has an important benefit in promoting the legal, professional and personal side of the notary public: so that he is fully prepared, psychologically and intellectually, to enter this field, all of which saves the notary a lot One of the mistakes at the beginning of his career path, as the notary public job is a sensitive job, and of great importance.
- Subjects
NOTARIES; LEGISLATIVE voting; PUBLIC policy (Law); MEMORIZATION; FRENCH presidential elections; IRAQIS; PROFESSIONS
- Publication
Al- Mouhakiq Al-Hilly Journal for Legal & Political Science, 2023, Vol 15, Issue 2, p307
- ISSN
2075-7220
- Publication type
Article