نوع مقاله : مقاله پژوهشی
1 استادیار دانشکده حقوق و علوم سیاسی دانشگاه تهران، تهران، ایران.
2 کارشناسی ارشد حقوق خصوصی دانشگاه تهران، تهران، ایران
عنوان مقاله [English]
The difference in the nature of the notary institution in the two systems of "Latin Notary" and "Notary Public" has led to differences in the legal principles governing the behavior of notaries and as a result, differences in the legal effects of this institution in these two notary systems. Therefore, it is necessary to study the difference in the legal principles governing these two systems to understand the exact nature of notary institutions. This raises the question about the roots and foundations of the difference between these two notary systems in terms of governing principle. The present study uses a descriptive-analytical method and a comparative approach, while examining the concept, position and Foundation of the three principles of "neutrality", "independence" and "confidentiality and secrecy of information" as important legal principles governing the notary institution in these two notarial systems, It has been concluded that the difference in the position of Latin Notaries and notary Publics as public officers and the difference in the legal nature of notarial services provided in the Latin notary system and notary public system, has led to differences in governing principles and how to regulate the notary institution in these two systems, so Latin notaries are absolutely neutral, independent and confidential when performing notarial services, but notary publics are required to observe the principle of impartiality and independence only when they appear in the position of public officers and their services are of a public nature and These principles do not apply to their other legal roles.