05/05/2025
From time immemorial, citizens in civil law jurisdictions such as France, Spain, Italy, the New World nations of the Caribbean and Latin America, Canada, and Louisiana have visited the notary of their local village, town, or city to execute agreements. Here they entered into contracts to purchase land, borrow money and pledge collateral, make wills and marriage covenants, form partnerships, conduct family meetings, execute building contracts, purchase shop inventory, adopt children, and so on.
The civil law notarial system is designed to provide a clear and reliable framework for citizens to conduct their legal business at least cost.
The civil law notary functions as an impartial third party who drafts private contracts into clear and precise language that is fair to both sides. The system is designed to preclude an adversarial process wherein parties bring in their separate lawyers poised to formulate a favorable deal for their clients. In addition to his role as drafter and mediator, the notary identifies and guarantees the identities of parties to acts, witnesses the agreement, reads the act aloud to the parties, and affixes his official, distinctive signature to it. The notary also provides for residents of the locality to sign the act as competent witnesses.
These safeguards exist to prevent vague or onerous agreements by parties not well known to each other from leading to litigation later. In this way, civil law "bends over backwards" to provide stability in society and protect the sanctity of contracts. The Louisiana Civil Code states that private agreements, properly entered into, are enforceable between the parties as if they were enacted law.
