The impartiality and independence of the notary : a comparative study

Abstract

The first chapter tackles the impartiality of the notary. It also analyses the differences between the Notarial Profession and Notarial Archives Act and foreign legal systems with particular reference to Italian and German law. The second chapter deals with the independence of the notary. It focuses on the two roles of the notary, the notary qua public officer and the notary qua liberal professional, and examines them in detail. This is followed by a debate on the various theories on the civil responsibility of the notary. This chapter then answers the question whether any one of the two roles of the notary should prevail over the other. The third chapter discusses whether the notary is bound by the duty of professional secrecy and lists the exceptions to the rule as spelt out in the Professional Secrecy Act. The fourth chapter focuses on the law in Malta, Italy and Quebec regarding the three pillars that is, a competitive examination, a numerus clausus and the tariff system, which taken together safeguard the impartiality and the independence of the notary. This is followed by a research dating back to 1970 regarding the increase in the number of notaries practising their profession in Malta and the volume of work available to them. This chapter also delves into the problems in a system like ours and the options available to safeguard the independence and impartiality of the notary.