Livia-Ioana POTOP
Abstract: The institution of the public notary played an important role in authenticating and formalizing medieval legal practices throughout Europe, with notarial instruments operating within the framework of voluntary jurisdiction and incorporating elements of public law. As such, the products of this institution functioned as public legal documents, defined by formal validity and probative force in judicial contexts. At the same time, notarial acts were produced at the request of private individuals and served specific private needs. Issued by a public officer and validated through formal procedures, these documents acquired public recognition and legal authority. This dual character places notarial instruments at the intersection of private interest and public authority: while their content responds to private concerns, their form and probative force derive from an institutional framework. This tension raises an essential question: why and under what conditions were notarial texts preserved within institutional archives? The present study addresses this issue by examining the transmission and preservation of notarial instruments in medieval Transylvania, focusing on different documentary forms, including drafts, authenticated instruments, and copies. Diplomatic criteria are employed not as rigid classificatory tools, but rather as analytical means for distinguishing between different levels of authenticity, thereby clarifying the relationship between juridical, documentary, and historical validity.
This methodological approach allows notarial instruments to be reconsidered not merely as a category of public records, but as part of a broader documentary landscape shaped by pragmatic choices, material conditions, and evolving institutional contexts. In doing so, the study contributes to a more flexible and nuanced understanding of notarial sources and their preservation within institutional archival practices.
Keywords: Transylvania; public notary; preservation; legal documents; draft; copies; authenticated documents.
Analele Științifice ale Universității „Alexandru Ioan Cuza” din Iasi, (Serie Nouă). Istorie 
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