IDEAS home Printed from
   My bibliography  Save this article

Liability Of The Notary Public For Notarial Authentic Documents


  • Claudia ROSU

    (Prof. univ. dr. - Faculty of Law, West University Timisoara, ROMANIA.)


This article analyses the case of liability of the notary governed by art. 639 para. 2 Civil Procedure Code A public notary will be liable if the document he authenticates and that states an outstanding liquid and payable debt, has been cancelled by the court due to the culpably breach of professional obligations by the notary public, causing a damage, established by final court judgment. The form of the notary public's liability is a tort for his own deed. The conditions involving the liability of a notary public are: the document certified by a notary public was cancelled by civil or criminal court; at the time of the authentication document, the notary public has not complied with his professional obligations; culpable failure to comply with professional obligations in any of the forms indicated in art. 16 Civil Code. (intention or guilt); the deed of the notary (commission or omission) has caused a damage. The notary public needs to take over civil liability if the conditions are fulfilled for him to do so for his own deed, because the cancellation of the authentic document has the effect of abolishing the legal act and leading to the obligation to repair the caused damage.

Suggested Citation

  • Claudia ROSU, 2016. "Liability Of The Notary Public For Notarial Authentic Documents," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 64, pages 117-128, March.
  • Handle: RePEc:pmu:cjurid:v:64:y:2016:p:117-128

    Download full text from publisher

    File URL:
    Download Restriction: no

    More about this item


    notarial authentic documents; cancellation; final judgment; civil liability of the notary public.;

    JEL classification:

    • K4 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior


    Access and download statistics


    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:pmu:cjurid:v:64:y:2016:p:117-128. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Bogdan Voaidas). General contact details of provider: .

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.