Roots of the Latin Type of the Notary Public Service Cover Image

Корени латинског типа нотаријата
Roots of the Latin Type of the Notary Public Service

Author(s): Nikola Selaković
Subject(s): History of Law, Public Law
Published by: Правни факултет Универзитета у Београду
Keywords: Latin type of the Notary Public Service; Tabellion; Book of the Prefect (Eparch); French medieval law

Summary/Abstract: The Paper deals with consideration of creation of the institution of the Latin type of the Notary Public Service and attempts to discover its real roots, the moment of its forming and transformation from private to the Notary Public Service. Following the genesis of the Latin type of the Notary Public Service and its development, thesis on its origin in Roman law is denied relativized, while one points to a not inconsiderable stressing important contribution of the Byzantine Law which was quite neglected in the existing literature. The third part of the paper points to a key role of the French legal tradition in forming the Latin type of Notary Public Service and to a final formation of the Notary Public. Nevertheless, insufficient scientific elaboration of the connection between the Late Byzantine law and the French medieval law and similarities in resolving legal situations leave the space for further studies and elaboration.

  • Issue Year: 65/2017
  • Issue No: 3
  • Page Range: 153-166
  • Page Count: 14
  • Language: Serbian