Legal Definitions - scrivarius

A scrivarius is an older, Latin-derived term for what is now commonly known as a notary public. This is an official authorized by the state to witness the signing of important documents, administer oaths and affirmations, and verify the identity of the signers. Their primary role is to deter fraud and ensure the authenticity of signatures on legal documents.

Here are some examples of situations where a scrivarius would be involved:

• Real Estate Transaction: When a couple purchased their new home, they had to sign numerous documents, including the deed and mortgage agreement, at the closing. A scrivarius (or notary public) was present to verify their identities, witness their signatures on these critical legal instruments, and then affix their official seal, confirming the authenticity of the signing process.

• Estate Planning: An individual preparing their will and a durable power of attorney wanted to ensure these vital estate planning documents were legally sound and beyond dispute. They would seek out a scrivarius to officially witness their signature on the power of attorney, thereby confirming that the document was signed willingly and by the identified person, adding a layer of legal validity.

• Business Contract: Two business partners were finalizing a significant contract for a joint venture, and one partner was signing on behalf of their corporation. A scrivarius would be called upon to confirm the identity of the signing partner and to attest that they were indeed authorized to sign on behalf of the company, ensuring the contract's enforceability and preventing future disputes over its execution.