The nature of the civil notary's responsibility .

Document Type : Original Article

Author

College of Law - University of Sharjah

Abstract

This study aimed to identify the role of the professional notary in legal procedures, and this study sought to focus the role of the Notary in concluding legal cases, through his commitment to demarcate contracts on the basis that the profession of a notary has been created for this purpose, and to research the issue of the nature of the responsibility of a Notary. This is used to determine the research results. The researcher also used methods and tools that are consistent with the nature of his research, and the results of the study indicated that the civil liability of the Notary is of a dual nature, including a part related to contracts, and a part concerned with the personal responsibility of the Notary for the actions of others, and to non-discrimination where the Notary civilly asks all people without discrimination or prejudice to anyone. The primary responsibility of a Notary is (the actions of others), and this responsibility is determined by several theories, namely the theory of presumed mistake, the theory of bearing the consequences, and the theory of bail and prosecution. The study recommended the necessity of the legislator’s intervention by allocating a text in the Law regulating the profession of the notary public regarding the Notary’s followers in order to run the office, with the strengthening of interest in studying the subject of the Notary and the need to enrich their memories in this field, as the field of documentation is an active field.

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