Review article
Notaries Public in Electronic Legal Transactions
Aleksandra Maganić
; Faculty of Law, University of Zagreb, Zagreb, Croatia
Abstract
Participation of notaries public in electronic legal transaction is present in various aspects of their activity - electronic authentication, electronic registers and archiving of electronic documents. The author compares the regulation of the role of notaries public in electronic legal transactions in German, Austrian and Croatian law with regard to their similarities and differences, and points to the need to regulate certain unregulated issues in Croatian law. The inadequate regulation of electronic authentication, dealt with only in the Court Register Act, is far from sufficient for the development of this useful manner of authenticating electronic documents, so the author stresses the need for more specific rules. Considering the selected line of development, which follows the German legal tradition, the idea of electronic authentication should follow the premise that electronic signature reflects both the notary's capacity and signature. The unquestionable significance of guardian proxy registers, as unique electronic systems managed by central notarial chambers in Germany and Austria, should encourage the establishment of similar registers in Croatia. The benefits would be manifold - citizens could select a guardian to take care of them in the event of their incapacity, thus preventing procedures which may arise in the appointment of guardians. Experience of Croatian notaries public with electronic registers could be of great value in the setting up of the above mentioned registers. Finally, the legal obligation for electronic registers to archive data could serve as the basis of the setting up of a unique archiving system in which documents could be stored and revoked, in line with the solutions found in Austrian law.
Keywords
notary public; electronic legal transactions; electronic signature; electronic authentication; guardian proxy register; electronic register for data archiving
Hrčak ID:
109711
URI
Publication date:
6.5.2013.
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