Probleme privind reglementarea răspunderii civile a notarilor publici - Acta Universitatis Sapientiae

Acta Univ. Sapientiae, Legal Studies, Special Issue (2024) 83–93

DOI: 10.47745/AUSLEG.2024.13.X.07

Abstract. The paper outlines a preparatory exposition for another study: we have observed the inconsistency of the composition, in the sequence of their appearance, of the regulations that fix the civil liability of the notary public and which – along with other general and imprecise norms – too often pro­vide numerous and serious uncertainties. All these uncertainties appear in the interpretation and implementation of the civil law at the request of those interested, free subjects in the manifestation of their will and equal among themselves.

In order to avoid possible liability for possible damages caused by professi­onal behaviour based on general or confusing rules, in a context where the very statements that include the regime of notarial liability can be interpre­ted differently, the author emphasizes the need to search for and produce a logical, predictable model, even a mathematical one and which – beyond the hesitant norms – should be based on the principles of civil law.

Keywords: notary public, civil liability of the notary, limited liability of the notary, uncertainty produced by the norm, civil liability of the judge, civil liability of the official