Can be called civil/Civil law notaries or Latin notaries. Civil law here means kontinentaleuropäischer Recht, legal systems based on Roman law.
In some Länder (German states), being a notary is a separate profession (Nurnotar), in others someone may be an attorney and a notary (Anwaltsnotar).
Notaries may witness signatures: this is called öffentliche Beglaubigung. Or they may draw up and execute a whole deed: öffentliche Beurkundung. Its very misleading to translate either of these as notarize, the U.S. term for a notary public witnessing a signature. Its also unclear whether beglaubigen or beurkunden is meant. I would say notarially certified / certified by a notary for the first and notarially recorded (for want of anything better) for the second.
Then there is the Beurkundungsgesetz, which could be translated as the Notarial Recording Act. That gives a better idea of its contents than Documents Act.
Another translation point that often throws translators who dont know the law is the rule in section 3 of the Beurkundungsgesetz: a notary is forbidden from acting in matters if, for example, he has acted for the person in an unofficial capacity before. This is referred to in shorthand as Vorbefassung. Here is an example of its use:
‘Der Notar hat zu Beginn der Beurkundung nach einer Vorbefassung im Sinne
des BeurkG gefragt; diese wurde verneint.’
Author Archives: MMarks
German notaries: vocabulary/Notare in Deutschland: Wortschatz
Can be called civil/Civil law notaries or Latin notaries. Civil law here means kontinentaleuropäischer Recht, legal systems based on Roman law.
In some Länder (German states), being a notary is a separate profession (Nurnotar), in others someone may be an attorney and a notary (Anwaltsnotar).
Notaries may witness signatures: this is called öffentliche Beglaubigung. Or they may draw up and execute a whole deed: öffentliche Beurkundung. Its very misleading to translate either of these as notarize, the U.S. term for a notary public witnessing a signature. Its also unclear whether beglaubigen or beurkunden is meant. I would say notarially certified / certified by a notary for the first and notarially recorded (for want of anything better) for the second.
Then there is the Beurkundungsgesetz, which could be translated as the Notarial Recording Act. That gives a better idea of its contents than Documents Act.
Another translation point that often throws translators who dont know the law is the rule in section 3 of the Beurkundungsgesetz: a notary is forbidden from acting in matters if, for example, he has acted for the person in an unofficial capacity before. This is referred to in shorthand as Vorbefassung. Here is an example of its use:
‘Der Notar hat zu Beginn der Beurkundung nach einer Vorbefassung im Sinne
des BeurkG gefragt; diese wurde verneint.’
Notaries / Notare
Notaries in Germany (France, Italy, Spain and so on) are trained lawyers who draw up documents and execute them. You might go to a notary in connection with buying a house or making a will. Notaries in the USA administer oaths and certify documents. To quote Gifis’ Law Dictionary, secretaries in law offices, bank officers, insurance and real estate agents, small town grocery clerks, drug store clerks, etc. are often licensed notaries.
Translators should be careful not to downgrade the German notary or upgrade the U.S. notary in their texts. It might suffice to write German notary or U.S.-amerikanischer Notar.
Notare in Deutschland, Frankreich, Italien, Spanien usw. sind Juristen, in den USA sind sie oft Anwaltssekretärinnen. Übersetzer sollten der Unterschiede bewußt sein.
The question was asked at the ATA conference: if, translating out of English into another language, I encounter a notary in Britain or Ireland, can I be certain it is like the U.S. notary rather than the civil law notary? The answer is not simple, but in brief, no. There are notaries in England and Wales who are Latin notaries and whose documents will be recognized by foreign courts as evidence. There are also commissioners for oaths, the equivalent of the U.S. notary, but these are also solicitors. A solicitor is automatically a commissioner for oaths. So although the function of witnessing the signature is not very elevated, it is done by lawyers. (I think but am not certain that these commissioners for oaths are called notaries in some parts of the country). More of this in a later entry
Notaries / Notare
Notaries in Germany (France, Italy, Spain and so on) are trained lawyers who draw up documents and execute them. You might go to a notary in connection with buying a house or making a will. Notaries in the USA administer oaths and certify documents. To quote Gifis’ Law Dictionary, secretaries in law offices, bank officers, insurance and real estate agents, small town grocery clerks, drug store clerks, etc. are often licensed notaries.
Translators should be careful not to downgrade the German notary or upgrade the U.S. notary in their texts. It might suffice to write German notary or U.S.-amerikanischer Notar.
Notare in Deutschland, Frankreich, Italien, Spanien usw. sind Juristen, in den USA sind sie oft Anwaltssekretärinnen. Übersetzer sollten der Unterschiede bewußt sein.
The question was asked at the ATA conference: if, translating out of English into another language, I encounter a notary in Britain or Ireland, can I be certain it is like the U.S. notary rather than the civil law notary? The answer is not simple, but in brief, no. There are notaries in England and Wales who are Latin notaries and whose documents will be recognized by foreign courts as evidence. There are also commissioners for oaths, the equivalent of the U.S. notary, but these are also solicitors. A solicitor is automatically a commissioner for oaths. So although the function of witnessing the signature is not very elevated, it is done by lawyers. (I think but am not certain that these commissioners for oaths are called notaries in some parts of the country). More of this in a later entry
Repetitor 2
More about Repetitor on disLEXia (why is it called disLEXia? I thought it was a reference to law).
Is he the Paul Schneider who died in 1986 and is buried in the Poppelsdorfer Friedhof? Of course, there are other people called Repetitor, but apparently they are usually called Korrepetitor, in English coach (again) or repetiteur, who play the piano and help singers learn their parts.
Frau Klamser’s website is vera nicely written.
Repetitor 2
More about Repetitor on disLEXia (why is it called disLEXia? I thought it was a reference to law).
Is he the Paul Schneider who died in 1986 and is buried in the Poppelsdorfer Friedhof? Of course, there are other people called Repetitor, but apparently they are usually called Korrepetitor, in English coach (again) or repetiteur, who play the piano and help singers learn their parts.
Frau Klamser’s website is vera nicely written.