The Foreign Notarial Legal Services Monopoly: Why Should We Care?
26 Pages Posted: 31 Oct 2009
Date Written: 1998
This piece serves three purposes: (1) briefly to take issue with the current treatment of comparative scholarship, especially how it is ignored by main law reviews; (2) to be a succinct introduction to the Latin Notary; and (3) to point out that the adversarial ethic and notarial impartiality can co-exist and even complement one another. It presents the notary as an example of a non-adversarial ethic, in a system that has other professionals who are ruled by the adversarial ethic. It does not advocate the abandonment of the adversarial ethic, but, rather, argues that in certain legal situations a non-adversarial approach can work best.
Keywords: Comparative Law, Civil Law, Notarial Law, Legal Ethics, International Property Transactions
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