Approbation and appointment of notaries public »veneta auctoritate« in Dalmatia

Abstract

Having established legaly the power over Dalmatia in 1409. Venetian authorities acknowledge in occupied cities the territorial rights based on Statutes except for all the decrees relating local legal services which were subjugated to its supreme authorities. The local city law was valid for the appointment of notaries public, they were qualified as tzar’s or apostolic notaries. They gained this title via promotion by tzar’s or pope’s authority. In other words stale authorities had no control whatsover over appointments of notaries public, they could only control their work via local establishment. Since a notary public functioned primarily as a clerk, it was important who was he going to be appointed by, and under whose service wa he actually working. Wanting to centralize and concentrate the power of state institutions, magistrates, Venetian Republic issued the law January 12, 1613. which regulated appointments and supervised work of notaries public. From now on a notary public was appointed only by the legal representative of state authorities, that is. Venetian Republic having beforehand checked into the qualifications and moral profile of the candidate. It was a centralizing measure which aimed et astablishing stronger hold and dependability of the Republic over the occupied Dalmatia. Dalmatian Councils preserved the right of approbation of notaries public, that is, they gave suggestions and checked their capabilities, thus the Republic reducted Aristocratic Councils to free service to its authorities. Professional knowledge of Dalmatian notaries public was not on the high level, they lagged behind in relation to Italian notaries. It was actually pitiful situation of the backward and spiritualy impoverished Province. Decrees which were issued in the course of the 17th and 18th century regarding the functioning of the notary public service as well as the careful storing of records indicate that there was a certain amount of fear from abuse in this service, or else that they tried to avoid confusion and disarray in the service.