27/06/2014

Ollé Demystifies Job of Notary Public

On Wednesday, 17 April 2013, Joan Carles Ollé Favaró, the Dean of the Catalan Association of Notaries Public, gave the lecture «The Notary Public Today». During the talk, Ollé emphasized that what notaries ultimately do is to practise preventive justice.

During the lecture, Ollé discussed in detail the true role of notaries public and outlined their regular duties in order to give the students a better understanding of the profession and dispel the stereotype that notaries "just sign documents".

As the speaker explained during the lecture, a notary public is a person with a law degree required to pass a public examination before being able to practise. Therefore, a notary is both a civil servant and a lawyer. The notary profession is a state institution that reports directly to the Ministry of Justice.

Notaries are commissioners for oaths; they attest to the legal dealings in which they act and which are drawn up in legal documents called registers and deeds. At the same time, notaries give the parties involved legal advice. They also review the legality of the transaction. If any of the agreements are found to go against the law, the notary must inform the parties so that an acceptable solution can be found.

Ollé also pointed out that notaries are chosen by the national government and for this reason they provide an extra degree of legal certainty. In their day-to-day affairs, notaries work with inheritance rights, such as the drafting of wills; family law, such as the separation of property in marriage; home purchasing through mortgages; and granting power of attorney, a practical option that often solves many problems. In this regard, a notary practises preventive justice, as effective notarial action carried out at the right moment can prevent a conflict from escalating.

As for the role of the association of notaries, Ollé explained that institution essentially makes sure that notary services meet certain requirements to effectively ensure that the whole system functions correctly.