The Institution of the Notary

Ι. History of the institution

 

After the successful outcome of the Struggle for National Independence of the Greeks and the creation of the free Greek state, Governor Ioannis Kapodistrias, in his effort to integrate Greece into the civilized societies of Europe, issued a series of resolutions to re-establish institutions. Among these institutions was the notary, which he described as important and necessary in the system of the state. The resolution by which Ioannis Kapodistrias regulated the notarial institution was issued on 11.2.1830 and published under number 67 on 23.3.1830 in the General Gazette of Greece, in sheet no. 25 (year E)[1]

 

[1] “G. Diamantopoulos, The pivotal role of the notary in law, 2017, p. 13”.

II. The role of the notary

 

The notary public performs a public function on behalf of the State in order to confer the status of a public document on the documents they draw up. They are permanently appointed by the Minister of Justice and their duties are to protect the public interest, public security and fiscal and social policy.
The notary is an unpaid public official (Article 1 § 1 of Code of Notaries). As a public official they enjoy official, professional and functional independence, but this does not mean that they are not subject to control. Their work is subject to three constraints: the law, morality and their conscience, since, according to Article 5 of the Code of Notaries, a notary ‘must refrain from drawing up any act contrary to law or morality … and must perform their duties conscientiously and impartially’.

ΙΙΙ. Why resort to a Notary Public?

 

• Guarantees to the contractual parties the objectivity in the legal transactions regarding real estate, corporations, family law.
• Ensures during the handling of cases the compliance with the legislation in force, including the most recent laws, given that we are in a period of constantly increasing legal amendments in all sectors.
• Keeps himself constantly up to date, in order to be able to answer any question there may exist in regard to these new law provisions.
• Gathers all interested parties in a private or business project, irrespectively of its complexity, without overlooking the interests of each separate party.
• Can promise to those resorting to him, the lowest possible risk regarding future disputes and future litigation by exercising preventive justice.
• The notary shapes new legal relationships of natural or legal persons by forming new legal situations.