Act No. 116 / 1951 Coll.
State notaries Act
Valid
Effective from 01.01.1952
116.
Law
of 20 December 1951
about state notaries.
The National Assembly of the Czechoslovak Republic decided on the following Act:
Tasks of state notaries.
State notaries help socialist legal persons, other social organisations and all citizens to protect their legitimate interests, ensure that their application is consistent with the spirit and socialist objectives of popular democracy, thereby contributing to the consolidation of socialist lawfulness.
(1) The tasks of the State notaries are performed by the State notaries ("notaries" and "notaries").
The organization of notaries.
(1) There is a notary at the head of notaries; He is responsible for immediate professional supervision of all notaries.
(3) The Minister for Justice is responsible for overseeing notaries.
(1) If notaries are not occupied by notaries, the Minister of Justice shall entrust the administration of notaries to one of the persons eligible for notaries (§ 7).
(2) If there is a need for a notary to have a representative, the President of the Regional Court shall entrust another notary from the district of that regional court or eligible notary candidate.
(3) The notaries' administrator and the notary's representative shall follow the provisions applicable to notaries in the performance of their duties.
(1) The notary uses notarial seals in his own field and in his activities under the authority of the court.
(2) The seal shows a small state emblem of the Czechoslovak Republic, around which the designation "state notaries" is indicated in the circle, and its seat and after a closer designation of notaries.
Notaries, notaries, and other notaries.
(1) A notary may determine who
(a) has the general requirements laid down for civil servants;
(b) has a legal education;
(c) have carried out legal practice and have passed a professional examination.
(2) The Notary is established by the Minister of Justice; the particulars referred to in points (b) and (c) of paragraph 1 may be waived.
(1) On the first provision, the notary exercises the following promise in the hands of the President of the Regional Court:
"I promise in my honour and conscience that I will be faithful to the Czechoslovak Republic, its popular democratic establishment, its President and its Government, that I will, in the performance of my office and in the performance of other duties, uphold the laws and regulations of the Czechoslovak Republic, and that I will always and everywhere apply them in accordance with the will and interests of the people and their state and fully in agreement with the spirit of popular democracy and with the great socialist objectives, that I will strictly maintain silence in official matters, perform my duties diligently, conscientiously and impartially, and that I will hold the notarial office according to my best knowledge for the benefit of the Republic and its people."
(2) The notaries' administrator shall also carry out the promise referred to in paragraph 1 (5) if he has not already made such a promise.
(1) A notary candidate may become who
(a) has the general requirements laid down for civil servants;
(b) has a legal education.
(2) The Minister of Justice may waive the requirement referred to in paragraph 1 (b).
Notaries, notaries and other notaries are civil servants; they are subject to the provisions of Act No. 66 / 1950 Coll., on the employment and pay ratios of civil servants, and the provisions laid down therein.
The personal office of notaries, notaries and other notaries staff shall be the regional court in whose district the registered office of notaries in which they are active.
General provisions on the official activities of notaries.
The notary shall be obliged to perform his official duties in accordance with the promise, in particular to provide legal advice to citizens and legal persons on the consequences of their legal actions, to ensure that, due to a lack of general or legal education, they do not suffer any damage to their rights, and to exercise the notary's office at all in such a way that any doubts are largely eliminated by the clarity and completeness of the actions.
(1) The notary shall, within his own field of competence, avoid any participation in a legal act if, in view of his or her relationship with the case or with the participants, their legal representatives or agents, he or she is in doubt of his or her impartiality.
(2) A notary refuses to participate in a legal act if it is reasonable to consider that he is contrary to the law or to the general interest.
(3) Otherwise, the notary, if not acting under the authority of the court, may reject the activity requested solely for serious reasons.
Activity in its own field of activity.
(1) Where the facts which could be the basis for the exercise of rights or which could be caused by legal consequences are certified, they shall be established, except in the cases referred to in paragraph 3, to establish the facts of the notarial registration and shall issue a notarial certificate to the applicant.
(2) For the purposes referred to in paragraph 1, the notary shall be entitled to certify:
(a) that the signature of someone who cannot or cannot write has been replaced on the list by confirmation of his consent by two witnesses,
(b) that someone is alive or in a specific place,
(c) that the instrument has been submitted and at which time,
(d) that a declaration has been sent or communicated and that it has a specific content;
(e) the progress and outcome of the meetings;
(f) that other facts had occurred in his presence or that he had found them,
(g) that he has heard someone, including by oath, if the foreign court or office so requests, or if this is necessary for the application or maintenance of claims abroad.
(3) It is not necessary to establish notarial registration to establish the fact that someone has signed the document by hand or that the signature previously made by hand has been recognised as being his own. the procedure of state notaries in such cases is governed by specific rules.
(1) Notary entry shall include:
(a) the place and time of the operation;
(b) the name and registered office of the notary and the name and surname of the notary;
(c) the name, surname, employment and residence of the participants or applicants, witnesses, confidants and interpreters;
(d) the content of the act;
(e) confirmation that the entry has been read and approved by the tenderers or applicants,
(f) signatures of participants or applicants, witnesses, confidants and interpreters;
(g) the seal of the notaries and the notary's signature.
(2) The particulars referred to in paragraph 1 (c), (e) and (f) shall be entered in the certificate referred to in Article 15 (2) only if the nature of the case covered by the notarial registration so requires.
A notarial record identifying the civil liability and indicating the person entitled and the compulsory, the legal reason, the subject-matter and the duration of the proceedings is enforceable [Paragraph 428 (2) (f) of the Civil Code] if the person required in the notarial record has given permission to do so.
The notary shall, upon request, confirm the fact that a copy or photocopy of the document submitted to him agrees with the document submitted or that several originals agree with him.
A notary protesting bills and other ruby transferable securities.
notarial records of legal acts and their copies, notarial records of certain facts and of them issued by notarial certificates, as well as notarial protests, shall be public documents, provided that, when they were established, they were followed in the prescribed manner and provided with a notarial seal; under the same conditions, notarial attestations have the power of evidence of authentic instruments.
Synergies with courts and authorities of state administration.
The courts, public administrations and notaries are obliged to assist each other in the performance of their tasks.
Transitional provisions.
(1) The Central Notary Choir and the Regional Notary Choirs are deleted; their rights and obligations are transferred to the State.
(2) The existing authorities of the county notarial corps will carry out the liquidation and submit all documents, money and other valuables and all office equipment to the relevant county court by 31 January 1952. Similarly, the existing notarial bodies will proceed; they shall forward those items to the Ministry of Justice.
(1) The administration of the notarial archives passes to the district court in whose district the archives are located.
(2) Certificates of notarial documents deposited there are issued by a notary appointed by the President of the District Court.
(1) The scope of existing notaries, notaries and notaries expires.
(2) The claims for remuneration for the activities of the notary and for compensation for the missed time are transferred to the State.
(3) The notaries (administrators, representatives) are required to submit files, office supplies, official seals, documents and valuable values entrusted to them for safekeeping, notaries who take their place.
(1) An existing notaries (their representatives and notaries) whose office did not end otherwise on 31 December 1951, the Minister of Justice will take over the State Service and use them in notaries established under this law or in other judicial services.
(2) The provisions of paragraph 1 shall apply mutatis mutandis to staff of the Central Notary Corps and Regional Notary Councils and to staff of notaries whose employment did not end otherwise on 31 December 1951.
(3) Persons taken over as a public service pursuant to paragraph 1 or 2 shall be classified according to the same rules as those applicable when transferring civil servants from another employee group.
(1) Owners of office equipment which has served so far exclusively the operation of notaries are obliged to hand them over to the Czechoslovak State - to the judicial administration, if requested by the Ministry of Justice or by the court empowered by it by 31 January 1952.
(2) A refund shall be granted on the date of surrender in accordance with the price regulations and, if not, on the basis of an official estimate. The amount of compensation and the manner in which it is provided shall be decided by the Ministry of Justice in agreement with the Ministry of Finance.
Final provisions.
All provisions governing matters covered by this law shall be repealed, in particular:
1. Act No. 201 / 1949 Coll., on notaries,
2. the Decree of the Minister of Justice No 202 / 1949 Coll., implementing certain provisions of the Law of 14 July 1949, No 201 Coll., on notarialism,
3. all provisions on notarial fees, in particular Article 18 of Act No. 173 / 1950 Coll., on judicial fees, and on the rate of Pol. 17 / 66 c.
4. the Order of the Minister of Justice No. 194 / 1950 Coll., on rates for legal and notarial performances as regards notarial performances,
5th Ordinance of the Ministry of Justice No 6 / 1951 Ú. I. (No. 53 / 1951 Ú. v. I.) setting rates for notarial performances.
The formalities, storage and issuing of notarial records, their copies, notarial certificates and attestations, the wording of the oath in the hearing pursuant to Article 15 (2) (h), the scope of the notarial activity under the authority of the court pursuant to Article 21 and the further regulation of the notarial proceedings shall be laid down by the Minister of Justice by regulation.
(1) The Minister of Justice may determine which simple acts entrusted to the notaries may thus be performed by administrative staff.
(2) A notary, otherwise ordered by the schedule of work, may reserve the handling of certain items entrusted to administrative staff, either at all or in individual cases.
(3) A decision given in a case dealt with by an authorised administrative staff member may be contested by the same remedy as that of a notary. However, the appeal shall first be submitted to a notary who shall either decide on it if he considers that he is to comply with it or submit it to the competent court or, where appropriate, to the authority to decide on it.
(4) If the notary himself decides to appeal pursuant to paragraph 3, his decision shall be deemed to be a notary's decision. It may be resisted under the general provisions.
This Law shall take effect on 1 January 1952; It shall be implemented by the Minister of Justice in agreement with the participating members of the Government.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Dr Rais v. r.
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Regulation Information
| Citation | Act No. 116 / 1951 Coll., on State notaries |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.12.1951 |
|---|---|
| Effective from | 01.01.1952 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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