The Financial Entitlement of Notaries in Libyan Legislation A Study Pursuant with Law No. (2) of 1993

Abstract

This study addresses the legislative framework governing the financial entitlement of notaries under Law No. (2) of 1993, its Executive Regulations, and the applicable Decree of Fees. The research is divided into two sections. The first addresses the legal definition of the notary and the conditions required to acquire such legal status. The second section analyses the subject matter of the notary’s financial entitlement, including its various forms and the methods for determining its value, culminating in a review of the instances in which such entitlement may lapse.

The study finds that the determination of this entitlement falls outside the discretionary authority of the notary, as it has been set by the legislator through fixed values and percentages. However, such a rigid framework may not be fully consistent with principles of justice, particularly in light of the gradual decline in the purchasing power of the Libyan dinar over time.  Accordingly, the study recommends a reassessment of the criteria governing the determination of this financial entitlement, in order to ensure alignment with principles of justice and to mitigate potential circumvention and abuse of the law.