Asian Journal of Multidimensional Research (AJMR)
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varvar, unlike the notaries of the Roman emperors, also had judicial authority. Also, the
procedure for the maintenance of notarial acts for ordinary citizens is preserved.
The next period of the development of the notarial institute dates back to the time of the Great
Karl. At the moment, during this reign, a new legal document appeared which received the name
of the Capitol. In it all the rights inherent in one empire are concentrated. This legal document
raised notaries to the level of officials. As of 774 years ago, when the Italian territories were
conquered, the Great Karl forbade the participation of the psychics in the work related to the
passage of notarial acts, that is, now the psychics did not perform such works as the collection
and Proceedings of documents under the legal agreements of secular citizens. And this was a
new appearance of notaries. In one of the capitulations issued in 803 year, it was written that the
zendgrafs, who were the commissars of the emperor, could use the service of notaries in addition
to scabins and advisers in the judicial process. Notaries were elected among the secretaries of the
church. According to the above-mentioned capitulation, it was noted that their consent was
important when appointing notaries from citizens, just as in the process of appointing courts. The
notary, chosen by the imperial commissioner, should have been recognized and recognized
among the inhabitants of this territory. In this way, according to the list, which received the name
“martikul”, sent to the emperor's office, the notaries were considered civil servants and called
them “elected notaries”. Although in the early days the law of 803 year limited the number of
notaries, but in later periods the number of persons engaged in this institution and activity was
constantly changing.
Notaries elected in accordance with the law of 843 year have the right not only to carry out
documents related to the judicial judgment, but also to document and regulate important
agreements having legal force with the participation of graf, scabins. Such legal acts consisted of
introductory, basic parts and summary clauses, which existed during the Roman Empire.
Confirmation with a seal of document made by notaries in the Carolingian period is included in
circulation. It should be noted that the seal on the document was a seal of a separate placita
without belonging to a notary; such seals were a means of proving that they had legal force in
public participation and their testimony at the time of the gathering of people. Only from the XI
century, Italian notaries had their own personal seals. The transition of the notary from free
activity to the appearance of a state institution was completed by the XI century. We do not meet
the opinion that notaries were elected in the documents of the XII-XIII century. The reason was
elected by this time, and such a concept as ordinary notaries went out of circulation, without the
label of the supreme ruler, no one had the right to become a notary. Also by the end of the 12th
century, the term “tabellion” also gives its place to the notary. In the legal documents adopted in
European cities of the medieval period, the following requirements were made for the person to
be appointed as a notary:
- The person should have been free, that is, a notary slave should not be either a subordinate or a
subordinate.
- Be in the age range from 18 to 40 years of age.
- Be the owner of perfect manners.
- To have a legal education.
- Ability to work with notary documents.
- The corporation is subject to approval.
ISSN: 2278-4853 Vol 10, Issue 9, September, 2021 Impact Factor: SJIF 2021 = 7.699
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