Responsabilidade civil do notário

Abstract

In Brazil, through the delegation power which emerges from the State public authority, the notaries and recorders execute, in a private way, the notarial and registration services. The notaries and register officers are responsible for the execution of register acts. Those are executed inside an out-of-court registry. With the doctrine and pertinent jurisprudence support, the material exposed on this study aims to understand and characterize the civil responsibility for detrimental acts which were committed by the notaries and register officers. Such view is made from three competitors, being the first one the defense of State’s objective responsibility and subjective for the notaries and register officers, the second one defends the State’s objective and direct responsibility and the third one defends the objective and direct responsibility of the notaries and register officers. In such manner, with the analysis of these three competitors, the purpose of this study is to attempt to understand and demonstrate which of them is the most adequate to unify the understanding in Brazil’s legal order.