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conference program - Facultatea de Drept - Dunarea de Jos

conference program - Facultatea de Drept - Dunarea de Jos

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PENAL LIABILITY OF NOTARIES PUBLICPh.D. Lecturer Bogdan CIUCĂLecturer Ph.D. in progress Angelica CHIRILĂDanubius University,GalaţiFaculty of LawPh.D. in progress George SCHINNotary publicAbstractNotaries represent, together with lawyers and legal advisers, a partner for justice, a „magistrate” inthe non-contentious field.The notary’s status constitutes the main originality of an institution located at middle road betweenpublic functions and liberal professions: the notary is a public official (functionary), without being necessaryfor him to be a public servant, he is the titular of a liberal profession, without this meaning he is releasedfrom the state’s guardianship. The breaking from the state cannot be complete, because “he is a publicofficial who has received a <strong>de</strong>legation of authority from the state, in or<strong>de</strong>r to invest documents written byhim with authenticity, thus guaranteeing the preservation, the probative and executory power of thementioned documents”. This is why the notary public is <strong>de</strong>signated by the Ministry of Justice, submitted tothe control of the state and bound by obligations typical to public services.The current regulations do not provi<strong>de</strong> specific provisions regarding the penal liability of the notarypublic. Given the lack of some norms <strong>de</strong>rogatory from common law, the general regulations in the penallegislation will be applied.The manner we chose to perform an analysis of contraventions which can be committed by thenotary public follows the or<strong>de</strong>r given by the Penal Co<strong>de</strong> and by the specific laws consecrated by it. The firstelements that will catch our attention are the contraventions in the Penal Co<strong>de</strong>, in the or<strong>de</strong>r given by thetitles from which these contraventions are part of. The <strong>de</strong>eds qualified as contraventions by special laws willbe analyzed according to those in the Penal Co<strong>de</strong>, and the or<strong>de</strong>r will <strong>de</strong>crease chronologically, <strong>de</strong>pendingon the year when the normative document in question has been adopted.GALAŢI, 24 th -25 th of April 2009 23

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