Probleme privind reglementarea răspunderii civile a notarilor publici

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.

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Publication Details

Journal
Acta Universitatis Sapientiae Legal Studies
Published
2024-12-15
DOI
https://doi.org/10.47745/ausleg.2023.13.x.07
Primary Topic
European and International Contract Law
Type
article
Field-Weighted Citation Impact
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article

Probleme privind reglementarea răspunderii civile a notarilor publici

Vasile Luha
Acta Universitatis Sapientiae Legal Studies
European and International Contract Law
article

Probleme privind reglementarea răspunderii civile a notarilor publici

Vasile Luha
article en

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.

Acta Universitatis Sapientiae Legal StudiesVol. 13(Special Issue)
Openalex Percentile: Top 46%
European and International Contract Law
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