Notary

INTRODUCTION

Nowadays, in 21st century, people face many problems that they cannot solve. No one can
know everything in the world, nor can he cope with all the difficulties on the road. For this
there are a variety of professions with professionals who can help a person at any moment.
Often, people face treaties, which are the biggest problem for them. That is what a notary
profession is for. They manage contracts by noting each clause of the contract, finding errors
and helping their clients.
People can obtain qualified legal assistance, proper formalization and consolidation of
rights, legal certainty, legal integrity of transactions and professional guarantees. If people
have a question about the will, the inheritance contract, the property, they can turn to the
notary, which will help the client to understand everything and find and make a decision.
Supervision of the work of sworn notaries in the Republic of Latvia shall be performed by
a whole range of officials and institutions. But the GOP residents surveyed (86%) don't know
who to turn to in case of complaints. 23% of adults in Latvia know that a sworn notary carries
inheritance matters, 32% do not know how to correctly formulate the concept of “inheritance
matters”, but turn to a notary.1 According to the regulations on the positions of sworn notaries
in the Republic of Latvia, there are 113 positions of sworn notaries.2
Both notaries in interviews and district court judges note that the conduct of succession
cases requires expertise. It is notaries' mistakes in succession cases that more often end up in
court. A notary is responsible for every document to which he has given public credibility by
affixing his signature, but the professional activity performed by a sworn notary can lead to
losses, therefore, according to Section 24 of the Notary Law: the risk of possible loss as a
result of the professional activity of a sworn notary must be insured. 3 This insurance will
cover the costs if a sworn notary, while performing his duties, has caused damage to someone
through his actions or inactions.

1
Sanita Osipova, (Annon 2008) Latvijas notariāta funkcijas un tā sniegtās juridiskās palīdzības pieejamība, to
izvērtējums. Available from:
https://www.tm.gov.lv/sites/tm/files/2020-01/Documents/lv_documents_petijumi_osipova_petijums_07022009_
final.doc [viewed 18.11.2022.]
2
Noteikumi par zvērinātu notāru amata vietām LV regulations. Latvijas Vēstnesis Nr. 111, 04.06.2019, Section
2.
3
Notariāta likums: LV law. Latvijas Vēstnesis Nr. 48, 09.07.1993, Section 24.
 AIM OF THE RESEARCH

The aim of the research is to analyze notaries work and find their responsibility in the
contracts.

RESEARCH QUESTIONS

1. What is the responsibility of the notary in the contracts?

What do we need a notary for?

The notary is one of the most important and traditional pillars of the legal system of the
State.
The notary protects the rights and legitimate interests of citizens and legal persons. the
way of such protection is for notaries to carry out legally prescribed notarial acts on behalf of
the State. The activities of notaries prevent legal disputes and put legal relations on a secure,
peaceful footing.
The private practitioner provides impartial, qualified and full-fledged legal assistance,
proper formalization and consolidation of rights, legal certainty, evidence, legal integrity of
transactions and professional guarantees.

What are the obligations of notaries?

The notary is obliged to assist natural and legal persons in the exercise of their rights and
the protection of legitimate interests, to explain their rights and obligations and to warn of the
consequences of notary actions so that legal ignorance may not be used to harm them.
Notaries have many notary actions like:
1. Certify transactions, including power of attorney, will, contracts (sales,
change, mortgage of movable and immovable property, other types of contracts);
2. Issue certificates of inheritance;
3. Testify to the faithfulness of copies of documents and extracts thereof;
4. Testify to the authenticity of the signature on the documents;
5. Testify to the accuracy of translating documents from one language to another;
6. Certify that the citizen is alive;
It helps ordinary citizens and companies to conduct transactions safely and legally: for
example, check documents, certify copies of them, draw up a power of attorney. Sometimes
these procedures are required by law, and sometimes the parties themselves want to protect
themselves from possible conflicts and courts.
The notary responds to the clients of his property: if he is wrong and the client is damaged,
the notary will have to reimburse him in full. We tell you what a notary can do and what to
look at in the documents if you are going to use his services.

Nuances about the dissolution of a marriage and the conclusion of an

inheritance contract with a notary.

The function of divorce was transferred to notaries to relieve the burden of marriage.
Courts that cannot cope with the load.
A marriage can be dissolved at a notary if both spouses agree. If the spouses have a
common minor child and/or joint property, before starting the divorce case, the spouses must
conclude a written agreement on the custody of the minor child, on the right to visit him, on
the means of spousal maintenance. Child on the division of joint property, attach it to the two
documents mentioned above.
The divorce process at the notary takes about one month, because after submitting the
application, the spouse is also given a 30 - day reflection period.
The conclusion of the inheritance contract includes a mandatory video recording of the
notarial act. This is an additional defense against challenge.
The inheritance contract must be certified by a notary, who is responsible for ensuring that
the document fully meets the requirements of the law. An inheritance contract drawn up in a
simple written form is not valid. That is, it cannot be concluded in emergency or life-
threatening conditions.
The notary discover the right to conclude a transaction, looks at the documents, checks the
intentions of the parties, certifies the power of attorney. The notary certifies the power of
attorney: they are considered one-sided transactions.

Discussion

In order to obtain data, only the notary profession and its responsibilities were asked. For
people aged between 18 and 32+. 33 answers were collected and the predictions are that the
majority of people do not know about the work of a notary in Latvia and the responsibility of
the given work.
The purpose of this question was to assess how well people self-assess their knowledge of
notaries and the work of notaries. Most of the respondents answered that they know a little bit
or average.

The next question is about the number of notaries in Latvia. Basically, if you have been
interested in the profession of a notary, or have used the services of a notary, you will be able
to answer this question. Looking at the answers, it can be concluded that 47.1% of
respondents know how many sworn notaries there are in Latvia.
This question is important for our research, as we can see that 52.9% of the respondents
answered correctly, while the remaining 47.1% believe that the notary's liability is not worth
insuring

Conclusion

Вывод
 Reference

1. Sanita Osipova, (Annon 2008) Latvijas notariāta funkcijas un tā sniegtās juridiskās

palīdzības pieejamība, to izvērtējums. Available from:
https://www.tm.gov.lv/sites/tm/files/2020-01/Documents/lv_documents_petijumi_osi
pova_petijums_07022009_final.doc [viewed 18.11.2022.]
2. Noteikumi par zvērinātu notāru amata vietām LV regulations. Latvijas Vēstnesis Nr.
111, 04.06.2019, Section 2.
3. Notariāta likums: LV law. Latvijas Vēstnesis Nr. 48, 09.07.1993, Section 24.
4. [W.a.], (Annon 2019), For what we needed the notary? Available from:
https://notary.ru/people/notary.html [viewed 18.11.2022.]
5. Lolita Luse, (Annon 2010), Laulības varēs šķirt ne tikai tiesa. Available from:
https://lvportals.lv/skaidrojumi/213883-laulibas-vares-skirt-ne-tikai-tiesa-2010
[viewed 18.11.2022.]
Proofreading Guidelines
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2. Is the topicality supported by data?

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4. Is the introduction written coherently?

5. Does the literature review contain 3 sources?

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10. Is the terminology used consistent?

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