When it comes to legal systems, Louisiana stands apart from the rest of the United States. Known as the only state that follows a civil law system, derived from the Napoleonic Code, Louisiana boasts a rich legal heritage with its own set of distinct legal professionals, including civil law notaries. In this article, we delve into the unique world of Louisiana law and explore the role and significance of civil law notaries.

Louisiana’s Civil Law System:

Unlike the common law system followed by the majority of states in the United States, which is rooted in judicial precedent, Louisiana adheres to a civil law system, also known as a code-based or continental legal system. This system is derived from the legal traditions of continental Europe, particularly France, and is characterized by a comprehensive civil code that governs various legal matters.

Civil Law Notaries:

Central to Louisiana’s civil law system are civil law notaries, who play a crucial role in legal proceedings and documentation. Civil law notaries in Louisiana are not to be confused with notaries public found in other states who primarily administer oaths and certify documents. Civil law notaries in Louisiana have significantly broader powers and responsibilities.

Qualifications and Appointment:

To become a civil law notary in Louisiana, individuals must pass the Louisiana State Exam, a program administered by LSU’s law department. 

Functions and Powers:

Civil law notaries have the authority to perform various legal acts, including authenticating and certifying documents, administering oaths, and recording legal transactions. They have the power to draft and execute authentic acts, which are considered to have significant legal weight and are treated as strong evidence in courts.

Authentic Acts:

One of the most notable functions of civil law notaries is the creation of authentic acts. These acts are written documents prepared and executed by the notary that carry the presumption of accuracy and authenticity. The notary verifies the identity of the parties involved, ensures their legal capacity, and records the transaction in a detailed and precise manner. Authentic acts are commonly used in real estate transactions, wills, contracts, and other legal matters. Signing an authentic act can carry the same weight as making a statement in court before a judge. 

Legal Expertise and Public Officials:

Civil law notaries in Louisiana are not merely private practitioners but are also considered public officials. Their role extends beyond private interests, as they are entrusted with upholding the integrity of legal transactions and ensuring compliance with the law. Their impartiality and expertise make them an essential part of the legal framework in Louisiana.