On Tuesday, the 18th of December, Reinhold Geimer, professor of the Faculty of Law of Ludwig Maximilian University in Munich, met senators of the Department of Civil Cases of the Senate and judges of the civil Chamber of the Supreme Court. 

Professor shared his experience in working with notarial acts in Germany. In many places in Europe, inter alia, in Germany, contracts created as a notarial act, have power of executive document and these are of equal value to court rulings.  

In Latvia, it has also been planned to modify legal regulation and amendments to Notary’s Law and Civil Procedure Law are being reviewed in the Saeima (the Parliament). Amendments provide that money loan contracts created in shape of notarial act would have power of executive document and they would be given to bailiff for forced execution without involving the court, in the future.

Responding to worries of judges that in comparison to Germany, where people admit and fulfil their agreements, Latvian tradition is to solve disputes by litigating and claiming for great delay and penal interests, the professor Geimer pointed out that in Germany notaries refuse to testify notarial acts, in which interest rate is disproportionate and in conflict with good customs, and it has been supervised strictly by Notaries’ Boards. The professor stressed that he got acquainted himself with amendments to law provided to grant power of executive document to specific notarial acts in Latvia, and this regulation seems to be secure enough to him.

Reinhold Geimer is a professor at the Department of Civil Law and the Department of Comparative Law and International Private Law at Munich Ludwig Maximilian University. He had worked as a notary; he was partner of notaries’ association “Prof. Dr. Geimer & Dr. Graf von Stosch” in Munich. Moreover, professor’s experience also includes operation of arbitration courts – he was the chair and lay judge in proceedings of national and international arbitration court, a member of German Arbitration Court Jurisdiction Board and member of the Boar of Scientific Association of International Procedure Law and Arbitration Courts.  

Visit of the professor Geimer in Latvia is organised by the Board of Sworn Notaries.

 

Information prepared by

Rasma Zvejniece, the Head of the Division of Communication of the Supreme Court

E-mail: rasma.zvejniece@at.gov.lv, telephone: 67020396, 28652211