Genesis and evolution of Latin-type notary practice in Roman private law and its influence on shaping the modern Russian notary practice

Authors

  • Vladimir Konstantinovich Korsik Moscow City Notary Chamber Автор

DOI:

https://doi.org/10.22394/2070-8378-2023-25-5-15-21

Keywords:

notaries, notarial activity, sacral law, priestly colleges, magistrate and praetorian law-making, procedural formulas, civil procedure

Abstract

The article discusses the origins and development of the Latin notary practice, tracing its roots back to Roman private law. The author explains the terms used to describe ancient prototypes of modern notaries, such as scribae, exceptores, notarii, and tabellio. The article also describes the sphere of sacral or divine law in which their activities were applied in ancient Rome. Additionally, the article details the gradual expansion of the need for written fixation and certification of various acts of civil law and their role in legal proceedings in civil cases. The author compares the functions assigned to these individuals in the sphere of magistrate and praetorian law-making. The study leads to conclusion that the diverse activities of the Roman scribae, potagii, and tabellio illustrate some of the fundamental principles of Latin notary practice.

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Published

2023-09-15

Issue

Section

Articles