Legal Implications of Civil Partnerships for Notaries

Pursuant to Article 1 point 1 of the Notary Position Law as amended (UUJNP), a Notary is a public official authorized to draw up authentic deeds and vested with other authorities as stipulated in this law or other laws and regulations. Accordingly, authentic deeds executed by notaries play a crucial role in ensuring legal certainty in civil matters. However, Article 20 of the Notary Position Law, as amended by the UUJNP, permits notaries to establish a civil partnership, which may give rise to legal and ethical dilemmas concerning the principles of notarial independence, confidentiality, and professionalism. This research employs a normative juridical method. The study focuses on the implications of civil partnership arrangements on the principle of notarial independence and on the liability of notaries for the confidentiality of deeds within such partnerships. The results indicate that as long as a notary maintains independence in structural, functional, and financial aspects, the regulation of civil partnerships may in fact strengthen legal certainty and legal protection of authentic deeds. Conversely, should a notary fail to uphold the confidentiality of a deed as mandated by the Notary Position Law, the notary may be held civilly liable under the fault-based liability doctrine as regulated in Article 1365 of the Civil Code. Furthermore, the notary may also be subject to administrative sanctions under Article 16 paragraph (11) of the UUJNP, ranging from a written warning to temporary or permanent dismissal.