Competences

There are situations in life that are not only personally, but also legally significant, such as purchasing real estate, founding a company, making arrangements for succession or concluding a marriage contract. Such legal transactions have great legal implications for all parties involved – now and in the future. For this reason, the law prescribes the involvement of a notary for significant legal transactions.

The notary serves as a legal expert and adviser to the parties and explains the significance of the transaction. He protects the interests of all parties by legally secure wordings and ensures that those who are legally inexperienced are not disadvantaged. He notarises legal transactions and acts as a trustworthy intermediary between the contracting parties, authorities, courts and tax offices. In addition, he ensures the smooth execution of the deed and, thus, guarantees legal certainty and prevents legal disputes.

Responsibilities of the notary

Prior to notarisation, the notary gives comprehensive advice on how personal wishes can best be realized and how all parties to the contract can safeguard their rights and claims. Based on the individual facts of the case, the notary prepares the deed. In doing so, he pays attention to the legally secure wording as well as to fairness and balance of the provisions. Regularly, the draft will be sent to the parties in advance. If all parties agree, the deed is notarised. The entire text is read out and its content and legal implications are explained. The notarial deed creates a legally effective and binding document with high probative value, especially in legal disputes at court or in legal procedures towards authorities. After the notarisation, the notary supervises the entire execution. For example, he obtains approvals and certificates, applies for entries into the register, undertakes necessary notifications to authorities, conveys payment dates and, if necessary, issues the enforcement clause for the compulsory enforcement of claims.

As the holder of a public office, the notary is neutral and independent. Therefore, he does not represent the interests of one party, but advises all parties impartially. The strict recruitment requirements and several years of specialised training ensure that notaries have outstanding professional and personal qualifications, guaranteeing legal advice of the highest standard. Notaries are also subject to strict guidelines and a wide range of regulations. Compliance is regularly checked by the president of the competent regional court.