Please use this identifier to cite or link to this item: https://www.um.edu.mt/library/oar/handle/123456789/59937
Title: The extent of notarial responsibility
Authors: Borg, Francesca
Keywords: Notaries -- Malta
Issue Date: 2008
Citation: Borg, F. (2008). The extent of notarial responsibility (Master's dissertation).
Abstract: Notarial legislation docs not adequately reflect the reality of the Notarial profession nowadays. The notary has throughout the years acquired many other functions, other than those listed in the Notarial Profession and Notarial Archives Act. This thesis aims to examine if the notary should be held responsible for those functions which he has started to perform throughout the years but which he has no specific legal obligation to perform. In Chapter 1 of this thesis the different kinds of notarial responsibility are examined. A notary could be held responsible not only under civil and criminal ·responsibility but also under fiscal responsibility if he breaches any of the fiscal laws relating to notarial deeds and also under disciplinary responsibility as is provided for under the Notarial Law. In Chapter 2, the question of civil responsibility is examined further. It has been debated throughout the years whether the notary's civil responsibility is a contractual one or an extra-contractual one. Special focus is made on Italian judgements, since Maltese case law is not very vast on the subject. In Chapter 3, responsibility of the notary as regards searches is examined. There have been great discussions amongst notaries as regards this matter as a result of recent case law. Once again, Italian doctrine and judgements had to be examined in this respect since Maltese case law is very sparse. Chapter 4 examines other specific examples of notarial responsibility. In Chapter 5, the proposals of the Notarial Council consequent to the discussions held about notarial responsibility were examined and commented upon.
Description: LL.D.
URI: https://www.um.edu.mt/library/oar/handle/123456789/59937
Appears in Collections:Dissertations - FacLaw - 1958-2009

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