Determination proceeding of notaries public

Notarial activity is a public service and the main function of notaries is to ensure legal security. They fulfill this function not only by regulating legal transactions but also by performing determination proceedings. Notaries' determination activities are regulated under Article 61 of the Notary Law. This duty is characterized as a particularly task to be performed exclusively by notaries. These determinations do not constitute the determination of evidence but rather have the nature of a judicial administrative activity. Through the determination proceeding they perform, notaries document legal acts, material facts, and declarations of intent, which take the form of statements of emotions and perceptions by the concerned parties. Although these minutes of determination are official documents, they are not conclusive evidence. The court shall freely evaluate these documents together with other evidence. However, the official nature of these documents and the fact that they are valid until the contrary is proved imposes a special importance on the minutes of determination during the evaluation of the evidence. Although there is a debate as to the scope of the determinations made by notaries, in terms of de lege ferenda, notaries should be able to make determinations not only in private law but also in penal law, administrative law, and tax law.