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JURISDICTION OF
THE LAW SUIT ON
NOTARY ACT
DAVIT SUKHITASHVILI
Doctor of Low, Profesor
If we look at the Georgian justice system, we will see that all branches of alw
belongs to either private or public law. Civil Law, labor law, corporate law and
other belong to private law, as they are free from the elements of the public law
and visa versa, Constitutional Law, procedural pieces of legislation, administrative
and criminal law, tax law and other branches are free from private law elements,
thus they belong to public law. We cannot say the same regarding notary law,
notary law encompases private, as well as public law elements and this is exactly
the cause of challenges related to the law suits on notary acts or on refusal to
perform a nptary act. Even the instruction on “Carrying out notary acts”, before
ammending it on January 23, 2012, wrongly stipulated that the notary act on the
refusal to perform notart act was always individual administrative – legal act.
This was certainly not true. In order to clarify disputable issue, presented Article
reviews theoretical and practical aspects of seperating public and private law and
possibilities of implementing them in the real life.
To sum up, notary act, performed based on administrative (public) law /
legislation, legality of such a decision made by a notary, should be appealed in
administrative court; as for the nptary acts that were performed based on the private
law, cannot be considered as individual adminsitartive act and the case should be
handled through cvil procedure legislation.
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