La responsabilità professionale del notaio oltre i confini del contratto

  1. Giuliano Mattace
Revista:
Actualidad jurídica iberoamericana

ISSN: 2386-4567

Año de publicación: 2023

Número: 18

Páginas: 1810-1829

Tipo: Artículo

Otras publicaciones en: Actualidad jurídica iberoamericana

Resumen

The notary may well, by conduct not tolerated by the legal system, cause damage to his clients and third parties in the performance of his professional activity. This being said, under the old Civil Code of 1865, it was argued that the notary's activity could not be configured within the contractual model whenever it concerned the performance of a public function. It was only later that the thesis of the contractual nature of the notary's liability was arrived at. It is only appropriate to add that the liability of intellectual professionals is a classic theme in civil law. It arises as a singular situation between private law, public law and the rules of personal self-discipline provided for from time to time. That is why a subject of such complexity deserves to be prudently examined.