Jurisprudential vision of the characteristics of the civil liability of the notary public

Civil liability

Abstract

The Notary institution is a legal tool provided by the State to guarantee preventive legal certainty by giving the notarial function stronger legal effect. However, the notarial function is a complex reality and, in the event of malfunctioning due to malpractice resulting in damage, the liability of the notary is also complex. The legal system has provided various mechanisms for repairing the damage caused, with civil liability jurisdictional route being the most used and difficult to define. This work delimits its most essential characteristics from the point of view of its treatment by the case law of the Spanish Supreme Court and its confrontation with scientific doctrine.