Coordinators: Ulrike Schultz (Retired Senior Academic, FernUniversität in Hagen), Margaret Hall (Simon Fraser University), Corinne Delmas (LATTS, Eiffel University)
240621_schultz_ulrike_def.pdfDescription of the meeting
The notariat has Roman and Germanic roots and is based on the scrivener model. In civil law jurisdictions, notaries are among the highest paid legal professionals, enjoying great prestige and income potential. Within European civil law jurisdictions, the profession is currently undergoing significant changes. Various reforms, carried out against the background of the development and liberalization of the European legal market have contributed to changes in the composition of these professional groups, their organization, and the economy and activities of the notarial offices, without necessarily calling into question their prestige and socio-economic position. Notaries public in common law jurisdictions s (with a few exceptions, including the Canadian province of British Columbia), in contrast, are essentially civil servants with a seal for attestation of documents and deeds. Common law notaries generally enjoy much lower prestige and income, with a lower level of legal protection. Notaries in communist countries occupied a similar position, although their scope of activity and importance has increased (at different rates) since 1990. The notarial profession across jurisdictions can therefore be described as highly fragmented, despite common historical origins.
The impact of notarial work on social structures and economic conditions, while considerable, has (until very recently) remained relatively unexamined. Existing studies on notaries fall into three main categories: historical studies focusing on the evolution of the notarial profession in specific contexts; legal analyses of the role of notaries from a national perspective; and a limited number of socio-legal studies of the work undertaken by notaries. Our project will add to this body of knowledge (filling a current gap) through a comparative socio-legal study of notaries and notarial practice in a wide and varied range of jurisdictions. Taking a cross-cutting approach, combining both interdisciplinary and international perspectives, the project will explore issues relating to the current role, evolution and future of the notarial profession. Issues examined will include the demographics and working conditions of notaries; the nature of notarial work; the relationships between the profession, the state, and other legal professionals; and the social, cultural, and political factors contributing to the different positions of notaries in different countries.
Our experience in Oñati
We had a wonderful workshop on notaries at the IISL in Onati. It is an amazingly interesting subject with many facets. 18 colleagues from Germany, France, Belgium, The Netherlands, South Korea, Japan, Australia, Scotland, Estonia, Poland, Hungary, Czech Republic, Romania, Canada and Chile were presenting and discussing on European models and developments of the notariat, the notariat in post-communist countries, notaries in East Asia, in Common Law countries, socio-historical aspects of the notariat and gender issues.
The IISL did everything to make the workshop a success. Malen Gordoa and her colleagues tirelessly supported the workshop organisers from the early planning, through the sometimes tedious process of fine tuning, receiving the participants in Onati, right up to waving good-bye at the bus back to the airport. The workshop documents were well prepared. All changes that were necessary over the months were implemented immediately. The participants got any kind of necessary advice and assistance for their journeys. Malen could be contacted all the time – also by those whose planes were delayed and who arrived in the middle of the night. Nice meals in the local restaurants including a new one in the square were booked. There are now morning and afternoon coffee breaks with fruit, cookies and cake which helps the concentration and well-being of the participants. The meeting room has been upgraded, the technology improved and hybrid participation facilitated.
Also the Residencia has been renovated, the walls freshly painted, there are new comfortable matrasses, duvets and covers and bathroom equipment including a hairdryer. Everything was spick and span when we arrived.
A nice little highlight at the end was a two-hour circular way of the group up the Alameda to the waterfall Usako.
A big thank you to the whole IISL team: Malen, Manttoni, Marije, Ainhoa, Leire, Rakel and Maite for a memorable workshop.
Ulrike Schultz with Corinne Delmas and Margaret Hall
Hagen, 06.07.2024
