The Legal Nature of the Notary's Obligations Regarding the Validity of the Evidence Documents in Iraqi Law

An Analytical Study

Abstract

The documentation and regulation of bonds is the backbone from legal perspective for all economic system and the basic guarantee of the clients, so the latter is very important and enjoys in all societies an important place. The Iraqi legislator enacted a special law called ‘the law of the Book of Waiver No. (33) of 1998, documenting and organizing such bonds to a legal person and it is named by the notary public. This will give him confidence and credibility in his business, deriving his authority from the law, and enjoys the rights and powers that are not enjoyed by the average person, or other civil servants, and grants to editors who edited the executive and official power are self-executing without the need to file a claim and issue a ruling on the immutable right. On the one hand, the documentation and organization contributes to the achievement of social peace and stability of transactions between individuals. On the other hand, if there is an error on his part, he may have legal responsibility. This is because the legal acts of the notary public are so varied that the obligations and duties of the notary public are intertwined with the stakeholders and auditors. It was necessary to define his obligations and to know the extent of his responsibility and the type of obligation which is imposed by civil law in carrying out his civil duties. In addition, to determine his good faith to ensure documents are documented by him to be his judicial work and to provide security to the clients of the Justice Department. Therefore, it is our goal to demonstrate the legal nature of the civil obligation of the public notary in the validity of official bonds in Iraqi law, and when it is committed to achieve a result or to make care in preparation for adapting its legal responsibility or not.