Civil liabilities of notary public for notarial act

The Subject of the thesis is `Civil Liabilities of Notary Public forNotarial Act?.The profession of notary public carrying out the task of formalizingtransactions with a view to ensuring legal security and preventing disputes is anindispensible institution of the state governed by the rule of law.Notaries public are sine qua non institutions of the social, economic andcommercial life. Thus the historical development of the notary institution, theprofession of notary public, the procedures and transactions carried out at notariespublic, the powers and responsibilities of notaries public and the liabilities ofnotaries public for damages resulting from the transactions carried out at notariespublic are required to be known.The liabilities are regulated between articles 41-60 of the Code ofObligations in general. These articles regulate the liability in tort, the liability fordamages resulting from lawful acts and the liability for damages resulting fromcircumstances of strict liability.Notaries public undertake heavy responsibilities resulting from the publicservices they provide. This responsibility is based on the functions of the notaryviipublic institution, the risk of causing enormous damages as a result of mistakes oromissions in the transactions carried out in notaries public and the faith in thenotary public institution leading to the confidence that all transactions will becarried out accurately and lawfully at notaries public.Consequently the legislator has imposed liabilities which are muchheavier than those stipulated in the Code of Obligations by setting forth furtherprovisions by virtue of the Notary Public Act in addition to the general provisionsprovided in the Code of Obligations.Paragraph 162/l of the Notary Public Act does not require tort as aprerequisite in order to hold notaries liable for the acts of the assistants nor does itgrant the right to submit evidence of relief. Consequently we are talking about anaggravated strict liability here.Liabilities under the Code of Obligations and the Notary Public Law areexamined in this thesis study, trying to analyze the duties of notaries public, thescope and nature of their civil liabilities and the circumstances under which suchliabilities arise, under the light of adjudications.Keywords: Civil Liabilities, Notarial Acts.