Professional liability of the public notary in Greece


Having in mind recent introduction of the institute of Public Notary in Serbian law, the author presented some issues related to this profession, discussed in legal theory and practice in Greece. The introduction briefly refers to the main organisational differences of Public Notaries in different jurisdicitons and concludes that their significance leads to the necessity to study and present their liabilities in relation to a particular jurisdicitons. It further presents the main duties and liabilities of Public Notaries in Greece and provides several examples of breaches of these duties in practice. In more details it discusses the issue of protection of Public Notaries having public authorities, which was traditionally supported, and chalinging of such protection by consumer proteciton, other legislation aimed to protect customers, interpretation of certain constitutional principles and EU directives application. Special attention is given to the issue of declaring of an agreement or statement composed and/or signed before a Public Notary, null and void and its consequiences for the parties or their legal successors. At the end it refers to the issues of compulsory insurance for professional liability of Public Notaries in general.