NOTARYAL DEED: HISTORY OF MOLDOVAN LEGISLATIVE UNCERTAINTY

Abstract

This paperwork aims to investigate the notarial deed, especially its legal nature, and the development of the legal expression "notarial deed" in the legislation of the Republic of Moldova. Although the authentic form is used to ensure the civil circuit, the permanent changes in the legislation in the field of notarial procedure do not correspond to this objective, thus violating the principle of security of legal relations, and the attempts to improve it do not cease. On March 31st, 2022 the Parliament of the Republic of Moldova adopted amendments to the Law no. 246/2018 in the second reading. Thus, inter alia, for the fourth time, the essence and content of the “notarial deed” has undergone adjustments. In the content of this research, you will find all the approaches of the notarial deed that have been used in the legislation of the Republic of Moldova, both in terms of history and in terms of comparative aspects with the legislation of other states. As a result of this research, you will inevitably come to the conclusion that the last edition adopted by the legislative authority may lead to the finding of the nullity of several notarial deeds to be prepared, on purely formal grounds, which are due to the imperfection of the proposed edition. Experiments at the law level without a thorough analysis in the field create premises for a new Regulation, which must solve the problems created and remove the negative effects of the previous edition. Finally, the author proposes a new legal framework, which can achieve this objective and would provide clarity either for the state and the exponent of its power – the notary, or for the persons, who turn to the notary to obtain qualified notary assistance. The proposed edition is based on the level of the legal culture currently existing in civil society and at the same time ensures a clarity of the legal terminology used in the field of notarial procedure.

Keywords

• notarial deed
• notarial activity
• notarial form
• endorsement
• notarial certificate
• notarial document
• legal act