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The practice of the notary public dates back to ancient times. It is an institution
that started to exist almost with the invention of writing. In the Western and Eastern
civilizations, the notary duties are basically similar to each other, but there are
bureaucratic differences. This situation was caused by political and religious issues. The
concept of law shapes the work to be done. Therefore, the issue should be evaluated
according to the legal structures in western and eastern societies. During the Roman and
Islamic states, institutionalization regarding the notary public was examined within the
scope of our topic. In the notary service of the judges in the Ottoman specific; There
were regents, court clerks and assistants called şühud al-hal.
Concepts should be focused on the perception of the Ottoman Empire and the
Republic of Turkey Period. The issue should be considered together with the Ottoman
modernization process. In this context, the Tanzimat Edict (1839), has a particular
significance. Westernization in law also affected the notary public institution as well.
The Commercial Courts established in a Western-style led to the weakening of the
authority of the Kadi institution. Another important study in terms of Civil Law was
"Mecelle" in 1868. The regulation made in 1877 would turn the notary public into a
duty: "The provision that the document arrangement and approval procedures should
be done in a certain authority" would form the necessary basis. Within the borders of
the Ottoman State, modern notary was applied for the first time in the province of Crete.
The notary publicship would develop simultaneously with being a "state of law"
in the modern sense in the Republic Period of Turkey. Shari'a courts were abolished in
1924. The notary operations were completely left to the "kâtib-i adl (Justices' clerk)".
The Notary Law was enacted in 1938. Thus, due to the status, being a notary became a
profession. It was defined as "self-employed person" with the regulation made regarding
the wages they will receive. Until 1972, this law remained in effect with the updates
made.
The notary public is one of the institutions that add functionality to the legal
system. As long as the legal relations continue, the notary public office will also exist.
The legal status of the notary public is determined by laws. Notaries differ from
government officials, especially in financial matters. They receive a fee called "notary
fee" in return for their transaction. This means that they are financially independent.
Turkey in particular notary are determined according to the civil administrative
structure of the country. The procedure for opening notaries takes place within the
Ministry of Justice. We should state that with the Notary Law of 1972, a new
structuring and organizing process has started in the profession. The organization of the
profession has been ensured by the establishment of the Notary Chambers and the
affiliation of the notary offices to these chambers. |