IDEAS home Printed from https://ideas.repec.org/a/dcu/journl/v14y2020i1p157-162.html
   My bibliography  Save this article

Digital Signature And Other Obsolete, Contemporary And Modern Means Of Expressing Consent In Notarial Activities

Author

Listed:
  • Oana Racolța

Abstract

Digital signature has not been an unknown tool for most notaries for quite some time, especially in the European area. Whether it is used solely for a more efficient communication with the public registers that are used very frequently in notarial activities or even for certain types of notarial instruments, this mechanism has become as present in the life of each notary as inkpot pens used to be in the past. Within the same Latin law system, some States confer a greater legal value to such a mechanism, while other States limit its application to internal procedures. Although its degree of use is very different from one State to another, in some States (such as France) digital signature replaces holographic signature even in the authentication procedure, which is one of the most significant notarial activities. Of course, for the time being, this mechanism is only an alternative and does not exclude the possibility for the parties to continue to use the traditional means of expressing their consent. Also providing a historical overview of the way consent is externalized, this study aims to examine the extent to which digital signature is currently used by public notaries and how it has become an indispensable tool in current notarial activities. At the same time, the study also provides a perspective on extending the use of digital signature in several types of notarial procedures or even the possibility to replace digital signature with systems that identify people based on artificial intelligence, such as digital fingerprint and facial recognition

Suggested Citation

  • Oana Racolța, 2020. "Digital Signature And Other Obsolete, Contemporary And Modern Means Of Expressing Consent In Notarial Activities," FIAT IUSTITIA, Dimitrie Cantemir Faculty of Law Cluj Napoca, Romania, vol. 14(1), pages 157-162, May.
  • Handle: RePEc:dcu:journl:v:14:y:2020:i:1:p:157-162
    as

    Download full text from publisher

    File URL: http://fiatiustitia.ro/wp-content/uploads/2021/05/Fiat_1_2020_166-171.pdf
    Download Restriction: no
    ---><---

    More about this item

    Keywords

    notary; consent; digital signature; digital fingerprint;
    All these keywords.

    JEL classification:

    • K15 - Law and Economics - - Basic Areas of Law - - - Civil Law; Common Law

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:dcu:journl:v:14:y:2020:i:1:p:157-162. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Dimitrie Cantemir Faculty of Law Cluj Napoca, Romania (email available below). General contact details of provider: http://fiatiustitia.ro .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.