نوع مقاله : مقاله پژوهشی
فوق لیسانس حقوق سردفتری دانشگاه لیون 3 فرانسه؛ سردفتر اسناد رسمی، تهران، ایران.
عنوان مقاله [English]
Comparative study of notarial systems is a nascent branch of comparative law studies in Iran, and considering the need of our country to modernize regulations in this field, these studies can be effective and helpful. The notarial profession in the common law system, who does not give special credit to written documents in the system of evidence and does not recognize the authentic document, has its own special charms. The arrival of notaries in Britain coincided with the development and expansion of the Latin notariat in Europe and took some steps, but with the sixteenth century ecclesiastical reforms in this country, this institution gradually lost its importance and despite the very limited scope of work that common law had left to him, he was pushed to the margins. Nevertheless, notaries remained in the UK and continued to live as one of the legal professions. Historical developments, meanwhile, have given credence and importance to a small group of these notaries, known as the Scriveners, who had a monopoly on operations in London and its suburbs until the end of the twentieth century, and this important group has so far played a very important role in economics and international trade in England. Documents prepared by British notaries are used in other countries rather than for domestic consumption. British notaries are appointed by the Court of Faculties, which is attached to the Church of Canterbury. In the last three decades, along with the extensive developments in the European countries and the creation of close competition in the market of legal and commercial services of these countries, the notarial profession in the United Kingdom has also witnessed many changes with the reform of regulations.