A notary public is an impartial adviser and a discreet confidant of the parties; a notary public needs to determine the actual legal relationship between the parties with regard to the document they wish to sign, to check whether the purpose pursued by the parties is compliant with the law, and to provide them with the necessary guidance on its legal effects. The duties of a notary public are regulated by Law no. 36/1995 on notaries public and notarial activity, republished, as amended and supplemented.

A notary public fulfils an important social function in society by virtue of the powers vested in him/her by law, being close to people in all important moments of their life: from birth, engagement and marriage, to the purchase of the first property, dissolution of marriage and division of property, to wills and inheritance settlement after a person dies.

The nature of the work carried out by a notary in his/her office is mixed: the notary is a self-employed person who also performs acts of public authority. Pursuant to Article 3 of Law no. 36/1995 on notaries public and notarial activity, a notary is vested with the authority to perform a public interest service, while at the same time fulfilling an autonomous function, and the act performed by the notary is an act of public authority. The non-contentious nature of the notarial activity is what essentially separates the work carried out by notaries public from the work of the courts, as the notary has an important role to play in avoiding disputes between the parties and in harmonising their interests.

By assuming the triple role of partner of Justice, Citizens and the State, a notary public has constantly been at the forefront of liberal professions, with a high degree of responsibility and social and economic involvement.

A notarised document is a document that has been drawn up and authenticated by a notary public or by the staff of diplomatic missions and consular offices, in the form and under the conditions set forth by Law no. 36/1995 on notaries public and notarial activity.

The parties may be represented at the authentication by a representative under a special notarised power of attorney, except as otherwise required by law. In this case, the notary public checks the existence of such power of attorney in the National Notarial Register of Powers of Attorney and their Revocations.

For a notary public to obtain the consent of the parties, the notary public will, after the document is read by the parties, ask them whether they have understood its contents and whether the contents of the document is consistent with their will. Consent is materialised by signature.

A notarised document is drawn up in one original, which is kept in a notary public’s archives. The original of a notarised document, along with any annexes which form an integral part thereof, is to be signed by the parties or their representatives in the presence of a notary public. The parties will receive a duplicate of the original document. The duplicate of a notarised document will have the same probative force vested by law as the original document.

Unless it is declared false, a notarised document is to any person full proof of the findings made personally by the notary who authenticated the document in accordance with the law. The statements of the parties contained in a notarised document will, until proven otherwise, constitute proof both between the parties and to any other person(s).