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在法国的法律体系中,公证制度可谓独树一帜,法国民事领域的诸多立法规定颇具特色,与此不无关系。法国公证传统由来已久,有着非常悠久的历史渊源,13世纪就已形成了类似当今的公证业,早在1270年法国就建立了公证制度,当时就有60名公证人,以后公证人逐渐扩展到全国,公证人最多时曾达到4万人~①。经过长达几百年历史的洗礼与积淀,如今“公证业是法国法律界的第一大职业,它占有45%的营业额”~②,在法国社会中发挥着举足轻重的作用。自然,作为第一大法律职业的制度设置与安排、理论探讨与研究也事关全局、备受关注。法国法学研究者们将公证专业奉若至宝,因此,有关公证的理论研究理所当然地稳居“第一法学”的地位。
In France’s legal system, the notarial system can be described as unique, and many legislative provisions in the French civil area have their own characteristics, which are not unrelated to this. France has a long history of notarization, has a very long history, the 13th century has formed a similar notary public today, as early as 1270 in France established a notarization system, there were 60 notaries, then notaries gradually expanded To the country, the notary at most reached 40,000 people ~ 1. After more than a few hundred years of history, the “baptism and accumulation of nowadays” the notary public is the largest profession in the French legal community and occupies 45% of the turnover. “② It plays a decisive role in the French society. Naturally, as the first major legal profession, institutional arrangements and arrangements, theoretical discussions and research also matter to the overall situation and attract much attention. French law researchers will notarize the professionalism, therefore, the theory of notarization is of course firmly in the ”first law" status.