Best Express Divorce Vienna Near Me

4worldlovers: A civil law notary is holder of a public office to whom state authority is conferred in order to draw up public deeds. The notary hereby ensures authenticity, probative force, and enforceability of such documents. He is obliged by law to be impartial and objective and enjoys public faith. Notarial deeds have a special evidential value before courts and authorities and can be just as enforceable as final court rulings. In addition, the notary offers a comprehensive range of legal services, not only taking into account the possibilities of civil law structuring, but also the fiscal side of the process.

The notary must draw up notarial deeds in agreement with the parties involved. The impartial and neutral advice of our clients always takes centre stage. The notary informs the parties about possible content arrangements and their different legal consequences, working towards a balanced solution and in particular aiming to protect the economically weaker or less experienced contracting party.

There is an obligation to act for the notary. This means that a notary may not refuse an official act. Exceptions are only given if he himself or his relatives are involved in the matter – and of course in prohibited transactions or fake or circumvention transactions. The notary may also not become active if there is unlawful discrimination against a third party or if a party is obviously not legally competent.

The notary is subject to special control and strict disciplinary rules.

While being a holder of a public office, a notary is still independent from the state and exercises his profession in his own name and on his own account. He is not subject to government orders..

A notary is – like a judge – obliged to be impartial. He does not unilaterally represent the interests of a client, but must work towards balanced legal and contractual relationships in order to avoid conflicts in advance and to create secure legal relationships.

The notary is entrusted with special tasks in the administration of justice. What the notary confirms in his public deeds has special probative value.

The notary and his employees are bound to secrecy towards everyone. This duty of confidentiality applies in principle to all matters that become known in the course of the exercise of a notary’s profession. Information may only be passed on to third parties with the express consent of all parties involved.

It a notary accepts money, deeds or documents as escrow agent (trustee), he is subject to special guidelines and furthermore offers insurance protection within the framework of the mandatory professional liability insurance. The professional practice of the notary is controlled by the Chamber of Notaries within the framework of its statutory duty of supervision.

The notary does not stand for or against a party, but always for the law. He helps those involved to obtain their rights, prevents disputes, and mediates in cases where compromises are deemed more successful than court rulings. For this reason, the notary is entrusted with sovereign tasks which are otherwise reserved, for example, for the courts. What is done by a notary is done well. Much of a notary’s work is therefore never really visible – and that is a good thing. After all, it is and remains their noblest task to exonerate the courts – not to employ them.

The drawing up of public deeds is the core task of the notary. Public deeds can be:

This includes legalisation – i.e. the confirmation of the authenticity of a signature; certification – i.e. the confirmation that a copy corresponds to the original; life testimony – i.e. the confirmation that a person is alive, etc.

These are, for example, the minutes of shareholders’ meetings. In a notarial protocol the notary certifies the legally relevant facts which were perceived by him.

Public deeds are considered to be the most reliable evidence of the “authenticity” and “accuracy” of a document. For good reason, it is a legal requirement that the notary must be involved in a number of transactions:

Endowment contracts without actual transfer, inheritance and compulsory portion waiver contracts, certain contracts between spouses, contracts regulating in advance the distribution of matrimonial savings and residence between spouses in the event of divorce, contracts between registered partners regulating in advance the distribution of savings and residence in the event of dissolution of the partnership.