The Role of Notarial Practice in Enhancing Legal Certainty and Protecting Parties’ Rights: Challenges and Perspectives

Abstract Book of the 10th International Academic Conference on Research in Social Sciences

Year: 2026

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The Role of Notarial Practice in Enhancing Legal Certainty and Protecting Parties’ Rights: Challenges and Perspectives

Abdelkarim Bouguerroumi, Adel Lahbib

ABSTRACT:

Legal certainty is a fundamental principle of civil law, as it ensures stability, predictability, and trust in legal relationships. Within this framework, notarial practice plays a central role in securing legal transactions, preventing disputes, and protecting the rights of contracting parties. As a public officer entrusted with the authentication of legal acts, the notary contributes directly to the reliability of contractual relations and the proper functioning of the legal system.
This paper examines the role of notarial practice in enhancing legal certainty, with particular focus on its preventive function in civil law systems. It analyzes how authentic instruments help reduce litigation, ensure compliance with legal requirements, and strengthen confidence among parties. The study also addresses contemporary challenges faced by notarial practice, including procedural complexity, legal reforms, and the impact of digital transformation on traditional notarial functions.
Adopting an analytical approach supported by professional experience, the paper explores perspectives for modernizing notarial practice while preserving its essential guarantees of legality, neutrality, and public trust. It argues that reinforcing the role of the notary remains essential for promoting legal certainty, safeguarding parties’ rights, and enhancing confidence in legal institutions in a rapidly evolving legal environment.

Keywords: Civil Law; Legal Certainty; Notarial Practice; Prevention Of Disputes; Legal Security