المسؤولية القانونية للضابط العمومي الموثق نموذجا

Abstract

"The notary is a public officer who manages an office at his own expense and under his responsibility. He drafts contracts, registers them, and his jurisdiction extends across the entire national territory. He keeps the contracts he drafts and ensures the implementation of the legally prescribed procedures, particularly registration and publication, etc. During the exercise of his duties, which are governed and defined by law, the notary may commit errors that harm third parties. These errors are considered professional errors that entail responsibility, whether disciplinary, civil, or criminal. Disciplinary liability arises if the notary violates laws and professional regulations or neglects his professional duties. This type of liability concerns the notary’s professional conduct and may involve disciplinary actions against him, such as warnings, reprimands, or even permanent dismissal from his position. Civil liability is based on the general rules requiring a causal link between the error and the damage, and of course, involves compensating the victim for the damage caused by the error. Criminal liability arises when the notary commits an act that is criminalized by the penal code or special laws "