A notarial invitation is a written and explicit statement of intent, certified and served by a notary. It is typically directed to a non-compliant party in a specific legal relationship. Its purpose is to facilitate the voluntary resolution of a legal dispute and to avoid court proceedings.
Through a notarial invitation, you can request a person to perform a specific action, such as paying a due amount or appearing before a notary in cases of property disputes to resolve a legal conflict between you and the other party.
Sending a notarial invitation is not mandatory but is advisable as it is considered evidence in favor of the party issuing it in the event of a potential dispute. Proper drafting of such an invitation is essential to achieve the desired legal effect. The text should be carefully formulated to ensure it produces the intended legal consequences, which is why consultation and drafting by a notary or a lawyer are necessary.
The notary ensures and certifies only the sending and serving of the notarial invitation to the recipient while complying with all requirements of the Civil Procedure Code (CPC). According to Article 592 of the CPC, for a notarial invitation to be properly served, the applicant must provide three identical copies of the invitation. The notary marks each copy to confirm that the invitation has been communicated to the recipient. One copy is returned to the sender, and another is filed in a special registry maintained by the notary.
The notary does not assume responsibility for the content of the invitation but is obligated to verify its legality. Notarial actions cannot be performed for documents, transactions, or actions that contradict the law or moral standards.
The notarial invitation must be served through a notary in accordance with the CPC. Pursuant to the Notaries and Notarial Activity Act (NNAA), the notary may assign a designated employee in the notary office to serve notices and documents.