INDISPUTABILITY AS THE MANDATORY CONDITION FOR NOTARIAL PROCEEDINGS ON NOTARISATION OF FACTS

Abstract

The article highlights that indisputability in the notarial process is established and verified at all stages of notarial proceedings. The indisputability concerns not only the absence of a dispute between the subjects applying for a notarial act to be performed, the legality of the grounds, etc., but also the documents submitted to the notary (or prepared by the notary) necessary for the notarial proceedings. The information and documents must contain indisputable facts, which are necessary for the performance of notarial acts, and the notary’s task is to establish such facts. The aim of the article is to highlight the theoretical and practical aspects of notarisation of indisputable facts by a notary. It is stated that important is to carefully examine the submitted documents and pay attention to any signs of their invalidity and compliance with the requirements established by law. The notary is obliged to strictly follow the notarial procedure, however, it should be understood that in many cases the notary will not be able to detect falsification of documents. It is determined that the notary is obliged to examine the document, analyse its content, including for the availability of information that degrades the honour, dignity and business reputation of an individual or legal entity, appearance and condition (whether it contains damage that makes it impossible to read the text, unspecified corrections, etc.), analyse the details (their availability and compliance with the requirements established by law), and investigate the presence of signs of falsification that can be seen during a visual inspection of the document (erasures, additions, etc.). It is established that a full and comprehensive examination and analysis of documents by a notary is the key to ensuring indisputability while performing notarial proceedings on the notarisation of facts.