Act No. 201 / 1949 Coll.
Law on notaries
Valid
Effective from 21.08.1949
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201.
Law
of 14 July 1949
about notaries.
The National Assembly of the Czechoslovak Republic decided on the following Act:
The tasks of notaries.
(1) The notaries, in their capacity as public authorities, draw up public documents on legal proceedings and declarations and matters of legal importance and carry out proceedings and acts under the order of the court. In addition, as agents of the Parties, they shall draw up for the parties to the proceedings and other documents and give them legal advice and shall accept the documents and values for safekeeping. In their activities, notaries are obliged to contribute to the preservation and consolidation of the popular democratic rule of law.
(2) A notary must not engage in paid employment other than scientific activity.
The performance of notaries.
(1) Only a Czechoslovak citizen, a statestically reliable, committed to a popular democratic establishment and preserved, can be a notary.
(2) The notaries are appointed and appointed by the Minister of Justice on a proposal from the Central Notary Choir.
Before entering office, the notary shall make the following promise:
"I promise in my honour and conscience that I will be faithful to the Czechoslovak Republic and its popular democratic establishment, that in the performance of my office and in the performance of other duties I will maintain laws and regulations and contribute to the preservation and consolidation of the popular democratic rule of law, and that I will exercise my profession to the best of my knowledge for the benefit of the people and the state."
(1) The notary is obliged to perform his duties properly and fairly: he is obliged to examine the legality of the legal proceedings before him and whether they are in line with the popular democratic establishment.
(2) It is also obliged to satisfy itself of the parties' competence to rights and legal acts and to establish their true will, to give them legal guidance on the content and consequences of the intended legal conduct, to conduct proceedings between the parties and to certify the legal conduct clearly and completely in such a way that doubts may be avoided.
(3) A notary may refuse the required legal aid only for serious reasons.
(1) The notary is obliged to remain silent about the matters which have been entrusted to him, unless the parties to the undertaking have released him.
(2) A notary shall not be obliged to testify in a court or other public authority about the matters entrusted to him, unless the Minister of Justice, for the important public interest, exonerates him from the obligation of confidentiality.
(3) The duty to remain silent cannot be invoked by the notary if it is an act which every citizen is legally obliged to notify the Security Authority.
They shall exercise their office as notaries in the county corps of notaries; they are not limited to their perimeter.
If the notary does not carry out his office temporarily, the Regional Choir shall appoint a notary representative from persons eligible for the notary's office.
(1) The reasons for the dissolution of the notary's office are:
(a) if the notary loses one of the characteristics prescribed for appointment;
(b) if he becomes permanently unfit to hold his office for the disease;
(c) where the Office has not exercised its office for a longer period without a serious reason;
(d) if the Office is renounced and the Minister of Justice accepts his declaration;
(e) the final finding of a disciplinary court of deprivation.
(2) In the cases referred to in paragraph 1 (a) to (c), the notarial Minister of Justice, acting on a proposal from the Central College, shall decide on such a reason; the notary's office shall expire on the date of service of this Decision. Before the decision on the termination of the Office, the county notarial corps may prohibit the notary from exercising the office and appoint a representative.
(1) If the notary's office is closed, the Central Choir shall appoint a notary's administrator from persons eligible for the notary's office.
(2) The provisions of this Act concerning notaries apply mutatis mutandis to notaries.
The organization of notaries.
(1) The notaries of each county are the county notarial corps (hereinafter referred to as the "regional corps") established in the seat of the regional court.
(2) The Minister of Justice may determine that only one regional corps are set up for two or more countries, if this is of public interest. For the same reason, the Minister of Justice can merge the regional corps.
(3) The authorities of the Regional Assembly are:
(a) a membership meeting;
(b) the Regional Notary Committee (hereinafter referred to as the Regional Committee);
(c) the President.
The Regional Choir directs the performance of notaries in its district, issuing binding directives and overseeing their preservation.
(1) In the exercise of supervision, the Regional Committee may also impose order fines on notaries and notaries who have committed inconsistencies in the performance of notaries, warnings, complaints and warnings and, in more serious cases, impose order fines on notaries up to 10 000 CZK and notaries up to 2 000 CZK.
(2) A complaint to the Central Board of notaries shall be admissible for the measures referred to in paragraph 1.
(1) The notary shall settle and pay salaries received in the course of the notaries, the regional corps, which shall periodically allocate the fees to the notaries; And the congregation of the regions takes account of their work.
(2) The Regional Choir pays its salary costs to notaries charged.
(1) The Regional Choirs are the Central Choir of Notary (hereinafter referred to as the "Central Choir") established in Prague.
(2) The central board's authorities are:
(a) meetings of delegates of the Regional Choirs;
(b) the Central Committee (hereinafter referred to as the Central Committee),
(c) the President.
(1) The Central Choir oversees the activities of the Regional Choirs, has the right to revoke or amend their measures and issues binding directives for them.
(2) The Central Choir is entitled to collect contributions from the Regional Choirs for payment of its direction.
(1) The composition and competence of the authorities of the regional corps and central corps, as well as the participation of notarial associates and other notarial staff in the regional committees and the central committee, shall be determined by the rules of organisation to be laid down by the Minister of Justice by regulation.
(2) The Rules of Procedure shall be issued by the Central Board; They shall be approved by the Minister of Justice.
Law of the Ministry of Justice.
(1) The Ministry of Justice oversees the performance of notaries and the activities of the regional corps, the central corps and all their bodies.
(2) The Ministry of Justice may abolish or amend the resolutions and measures of the Regional Choirs or of the Central Choir if the public interest so requires; may also suspend the enforcement of their orders or measures.
(3) The authorities of the Regional Choirs and the Central Choir may dissolve, revoke or suspend their activities if they are contrary to law or public interest. If the Regional or Central Committee has been dissolved, the Minister of Justice may appoint an Administrative Commission to carry out their duties temporarily.
Notary associates.
(1) Only a Czechoslovak citizen can be a notarial associate, statestically reliable, committed to a popular democratic establishment and preserved, who will demonstrate the required professional competence.
(2) Notary associates are employees of the regional corps in private relations. The Regional Choir is assigned to perform legal practice to individual notaries. Paragraph 5 applies mutatis mutandis to them.
At the request of a notary, the Regional Choir may authorise a notarial associate who is competent to do so to represent a notary and at the same time define the scope of such representation.
The nature of the notarial documents.
notarial entries and notarial certificates issued from them shall be public documents, provided that they have been investigated in the setting-up of notarial entries; under the same conditions, notarial certificates shall have the accompanying power of authentic instruments.
The notarial registration, in which the private law obligation is established and in which the person entitled, the legal reason, the subject matter and the duration of the procedure are specified, is enforceable by the court, if the person is obliged to do so.
Official activity of notaries.
General regulations.
(1) When establishing authentic instruments, the notary may not act on a case in which he is of personal interest or on which he is of benefit, on a case in which he or she is a party or on which he or she is to benefit a person close to him or a person in whom he or she is a legal representative, or on a case in which he or she has been or is still an agent of a participant.
(2) The persons of the notary are: the notary's husband, the ancestors, the offspring, the siblings, the adopters and the notary's mates, and his spouse.
A notary may not perform an official act where there is an unlawful act, or where there is reasonable suspicion that the participants are acting in an eye or that they circumvent the law or harm anyone, or if there are persons of whom he or she knows or may reasonably believe that they are not fit for rights or legal acts.
When performing a notarial office, notaries use the official seal.
Regulations on the establishment of notarial documents.
Notary entries.
Where a notary is to be drawn up by a notary in accordance with the law or in accordance with the wishes of the participants, a notarial registration shall be established for the legal act or speech and a notarial certificate shall be issued to the participant. The order of the Minister of Justice shall specify when the original may be issued.
(1) Where facts or stories which could be the basis for the exercise of rights or which could be caused by legal effects are certified, a notarial registration shall be established to establish the facts or the story and a notarial certificate shall be issued to the applicant.
(2) For the purposes of paragraph 1, the notary shall be called upon to certify:
(a) the authenticity of the signature or sign of the hand on the instrument;
(b) that someone is alive or in a specific place,
(c) the time when the instrument was submitted;
(d) that a declaration has been sent or communicated and that it has a specific content;
(e) which has been ordered in the assembly,
(f) other facts which have occurred in his presence or which he himself discovered.
(1) Notary entry shall include:
(a) the place, day, month and year of the hearing;
(b) the name, surname and registered office of the notary;
(c) the name, surname, employment and residence of the participants, witnesses, confidants and interpreters;
(d) the content of the hearing or speech;
(e) confirmation that the entries have been read and approved by the tenderers,
(f) signatures of participants, witnesses, confidants and interpreters,
(g) the signature of the notary and his seal.
(2) The information referred to in paragraph 1 must be entered in the notarial record only on the certificate referred to in Article 26 (2) if this corresponds to the nature of the fact or story being certified.
(3) With the permission of the participants (§ 25) or the applicant (§ 26), certificates from notarial registration may be issued to other persons.
Notary confirmation.
The notary shall be entitled to issue a certificate that copies or copies agree with the instrument or that several originals agree.
Protests.
Notars protest notes and other ruby transferable securities under special regulations.
Storage of documents and valuables.
(1) The notary is entitled to receive for safekeeping all kinds of documents.
(2) Cash, securities and other valuables are admitted by the notary to custody if they have been made available to him to give to a recipient or to lodge them with a court or office or if, according to the wishes of the participants, they are to be security for a specific purpose.
(3) The notary is obliged to keep a record of the valuables in custody.
Action by order of the court.
(1) The courts may order the notary to carry out certain proceedings or individual acts.
(2) In particular, the notary may be ordered to carry out such business in the matters of survivors, detainees and guardians, or to carry out estimates and auctions, or to carry out the distribution of assets and property settlement.
(3) The notary, acting by order, must observe the rules applicable to the court which entrusted him.
Rewards for notaries' performance.
(1) The rates for the performance of notaries are set by the Minister of Justice in agreement with the Minister-President of the State Office of the Planning Regulation.
(2) The notary and the party for whom he was active have the right to ask the court to determine the remuneration and costs; This shall be decided by the general court of the notary in undisputed proceedings.
(3) The remuneration for the performance of the notary acting on the order and its costs shall be determined by the court which mandated the notary by a decision after which it may be enforced under the law on the enforcement of judicial fees.
Notary archives.
The notaries and seals, lists and records of notaries who have died have been transferred to another place or whose office has ceased to exist shall be kept in the notarial archives.
Law and order.
Save as otherwise provided, the rules on disciplinary action with judges shall apply mutatis mutandis to disciplinary proceedings with notaries.
A notary who violates the duties of his profession will commit a criminal offence unless it is merely a disorder.
(1) The punishments are:
(a) written reprimand;
(b) fine from 500 CZK to 1,000,000 CZK,
(c) the removal of the Office.
(2) The fines imposed are enforced by judicial execution and are transferred to the Treasury.
(1) The prosecution of criminal offences shall be suspended five years after they have been committed, if the defendant makes up for the total damage caused by them and does not commit a new criminal offence within the limitation period. The statute of limitations cannot be ended if it is an act which, at the same time, establishes the facts of the offence before the court, until a statute of limitations under the criminal law.
(2) The limitation of a disciplinary offence shall be suspended as soon as a disciplinary action has been initiated for the same act or a complaint has been lodged with a notary at the Regional or Central Choir. The new limitation period shall begin on the date of interruption.
(3) The statute of limitations shall be suspended until the law of disciplinary action has been initiated or resumed. If criminal proceedings are in place, the statute of limitations shall continue until the final end of the criminal proceedings.
(1) A court of law for notaries is a regional court, competent according to the seat of the regional congregation of which the notary was a member at the time of the infringement.
(2) The Court of Justice shall consist of the President of the Regional Court or of his Deputy Director as the President of the Board of Appeal, of two members of the Regional Choir appointed by the Regional Choir and of two judges from the people as attached.
(3) An appeal against the findings of the Regional Courts as courts of disciplinary action shall be decided by the Supreme Court of Chambers, composed of the First or Second President of the Supreme Court as the President of the Senate, of the two notaries appointed by the Central Choir and of the two judges of the people who sit.
(4) As a reprieve, there is an active Regional Prosecutor in the court of disciplinary action, the Attorney General in the Supreme Court.
(1) If it becomes apparent in the disciplinary proceedings that the personal performance of notaries by the accused notary would be jeopardised by an important public interest, the disciplinary court would prohibit the notaries from performing notaries and ask the county corps to appoint a representative.
(2) This measure may be withdrawn at any time.
(1) The court of disciplinary action shall inform the competent regional corps and central corps of the opening and outcome of the disciplinary proceedings.
(2) If the removal of the Office is punishable, the Ministry of Justice shall also be informed.
In the disciplinary proceedings initiated before the application of this law, the disciplinary court under this law shall continue; However, if a decision has already been taken on the substance of the matter in the first chair, the proceedings shall be terminated in accordance with the provisions still in force.
General provisions.
The time limit for bringing an appeal under this law shall be 15 days from the date of service of the decision. The general rules on civil procedure shall apply mutatis mutandis to the calculation of time limits.
Further provisions for the implementation of this Act will be laid down by order of the Minister of Justice.
Transitional provisions.
(1) The Minister for Justice of the Administrative Commission, to whom all the rights and obligations of the bodies of those departments belong, shall be appointed and dismissed until the establishment of the proper bodies of the Regional Councils and Central Councils.
(2) The Minister of Justice will decide to keep existing notaries in their offices; the notaries who are not taken over shall lose their office on the date of service of the decision of the Minister of Justice.
(3) The Central Choir shall decide on the retention of existing notaries as notaries; the Vice-Presidents shall lose their office on the date of service of the decision of the Central Board. As a representative of the notaries, the deputy notaries continue to perform their duties unless they are withdrawn by the Regional Council.
(4) Current notaries registered in the notaries list; who practice law in notaries, will become employees of the regional corps in whose district the notaries in which they are active on the date of the entry into force of this law.
(5) Where notaries are referred to in the preceding paragraphs, this means public notaries in Slovakia.
The existing notarial choirs (chambers) are deleted. Their rights and obligations shall be transferred to the Regional Choirs on the date of application of this Act, in the case of the Central Choir; The Minister of Justice shall decide which rights and obligations have been transferred to each regional corps, after the case to the central corps.
(1) Pending other legal arrangements, the last acquisition may continue to be made in writing or orally before a notary. At the time of the final acquisition in writing, the purchaser must hand over the last acquisition signed by his own hand to the notary himself in front of two witnesses. At the last oral acquisition, the purchaser must declare his will before the notary and two witnesses.
(2) A notarial record must be drawn up of the last and last acquisition in writing before the notary; such a last acquisition shall be equivalent to that of the last acquisition to the court.
(3) A certificate shall be issued to the purchaser to establish the last acquisition.
(1) Where existing legislation requires the form of a notarial file (notarial protocol, authentic instrument) for the validity of legal proceedings, a notarial registration pursuant to that law shall be granted.
(2) Only notarial certificates may continue to be issued from notarial files (public documents) established prior to the application of this Act instead of existing photographs (reliable copies).
Where other legislation refers to the provisions of the notarial (public) Regulations in force until the application of this law, either the relevant provisions of this law and those implementing it apply mutatis mutandis.
Cancellation and final provisions.
All provisions relating to matters governed by this law, in particular:
1. the Law of 25 July 1871, No 75 of 25 July 1871 laying down the notarial order,
2. the provisions of Title XIII of the notarial order of 21 May 1855, No 94,
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Regulation Information
| Citation | Act No. 201 / 1949 Coll., on notaries |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.08.1949 |
|---|---|
| Effective from | 21.08.1949 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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