The legitimation of civil law Notaries by the law of the European convention on human rights (translation by A. Swords-Mc Donnell & C. Dauchez)
La légitimation du notariat par le droit européen des droits de l'Homme
Résumé
In France, Civil law Notaries were anointed by the civil code, which erected them as guardian of legal certainty in family and land legal relations. However, their national legitimacy is now eroding simultaneously with the authority of the State,which obeys the “Europe of Trade.” Civil law Notaries should root themselves in the law of the European convention on human rights in order to give them supra‐national legitimacy. The 111th French Notaries congress, which lead the profession in Strasbourg last May, appropriately showed them the way. Article 6§1 of the Convention can enable the civil law Notaries, privileged actors of preventive justice, to meet this “authentic challenge.”
Mots clés
civil law notary
impartiality
notary
preventive justice
subprimes
notarial deed
lawyer
legal certainty principle
public officer
right of access to a civil law notary
article 6§1
Macron law
ECHR
deregulation
right to a fair civil law notary
rule of law
authenticity
European convention on human rights
civil law
public official
Domaines
DroitOrigine | Fichiers produits par l'(les) auteur(s) |
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