Abstract

In accordance with Art. 84 § 1.4 of the Law on Notaries, a notary public is not allowed to perform notarial acts which concerns “persons with whom they are in a close relationship”. There are doubts in the doctrine and in jurisdiction as to the definition of “close persons”. In the end, it should be, however, considered that the exclusion is reserved for the close quasi-family partnership, which means factual living together. On the other hand, including the staff of notary’s office, apprentices and assistances, as well as partners into the circle of close persons in order to exclude them from the notary’s acts is misguided. The general suspicion of notary’s absence of impartiality is in this case unjustified. Following such a suspicion would require, de lege ferenda, a change of legislation and the application of the judicial procedure to decide notary’s exclusion.