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Legal liability in notarial activity
![Legal liability in notarial activity [1]](https://gomagcdn.ro/domains/editurauniversitara.ro/files/product/original/rspunderea-juridic-n-activitatea-notarial-2357-799064.jpg "Legal liability in notarial activity [1]")
Publisher: Editura Universitara
Author: Bogdan Liviu Ciucă
ISBN: 978-973-749-781-9
Publisher year: 2010
Edition: I
Pages: 158
Product Code:
9789737497819
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The author aims to address, in detail, one of the most complex and important social concerns, which is the notarial activity in different aspects: concept, organization, principles, content. This paper is addressed primarily to theorists and practitioners, but also to those interested in knowing the doctrine, legislation and aspects of comparative law, in the matter of criminal liability in notarial activity.
The approach of the notarial activity was made from the perspective of the criminal activity that can be carried out in the notarial activity by the auxiliary staff, the beneficiaries of the notary public service or even by persons without direct involvement in the notarial activity. The presentation, thus conceived and realized, analyzes four categories of crimes that can be found in notarial activity, starting from the nature of the active subject and continuing with the debate on the assimilation of the status of notary public with the status of civil servant, obviously in the criminal sense of the phrase. .
The author approaches scientifically, in detail each aspect, finally proposing courageous, revolutionary and reasoned solutions, as well as proposals of lege ferenda.
The approach of the notarial activity was made from the perspective of the criminal activity that can be carried out in the notarial activity by the auxiliary staff, the beneficiaries of the notary public service or even by persons without direct involvement in the notarial activity. The presentation, thus conceived and realized, analyzes four categories of crimes that can be found in notarial activity, starting from the nature of the active subject and continuing with the debate on the assimilation of the status of notary public with the status of civil servant, obviously in the criminal sense of the phrase. .
The author approaches scientifically, in detail each aspect, finally proposing courageous, revolutionary and reasoned solutions, as well as proposals of lege ferenda.
Prof.univ. Dr. Alexandru Boroi
Bogdan Liviu Ciuca
Content
Foreword / 3
CHAPTER 1. Notarial activity - general presentation / 7
Section 1.1: Introductory aspects / 7
Section 1.2: Legal nature of notarial activity / 10
Section 1.3: Principles of notarial activity / 22
Section 1.4: Content of the notarial activity / 25
CHAPTER 2. Aspects of comparative law regarding the notarial activity / 30
Section 2.1: Overview / 30
Section 2.2: Dutch legislation and notarial activity / 33
Section 2.3: Belgian law in the field of notarial activity / 36
Section 2.4: Quebec Notary Law (38)
Section 2.5: Turkish Law on Notaries35 / 39
CHAPTER 3. / Legal liability in notarial activity / 42
Section 3.1: General aspects / 42
Section 3.2: About the deontological code of notaries public in Romania / 44
Section 3.3: Civil liability of the notary public / 50
Section 3.4: Disciplinary liability of the notary public / 52
Section 3.5: Contraventional liability of the notary public / 53
Section 3.6: Criminal liability in notarial activity / 55
CHAPTER 4. Offenses that can be committed by a notary public / 57
Section 4.1: Introduction / 57
Section 4.2: Analysis of crimes that can be committed by notaries public / 58
4.2.1. The crime of disclosure of professional secrecy / 58
4.2.2. The crime of deception. / 61
4.2.3. The crime of concealment / 63
4.2.4. Theft or destruction of documents / 65
4.2.5. Offenses of abuse of office / 67
4.2.6. The crime of negligence in office / 68
4.2.7. The crime of abusive behavior. / 68
4.2.8. The crime of bribery / 70
4.2.9. The crime of receiving undue benefits / 72
4.2.10. Omission to notify the judicial bodies / 73
4.2.11. Favoring the offender / 75
4.2.12. Retention or destruction of documents / 75
4.2.13. False material in the official document / 76
4.2.14. The intellectual forgery / 78
4.2.15. False identity / 82
4.2.16. The false intellectual in the accounting regime / 82
4.2.17. Offenses of tax evasion / 93
4.2.18. The crime of money laundering / 103
4.2.19. The crime of unfair competition / 108
CHAPTER 5. Offenses that can be committed by auxiliary staff in notarial activity / 110
Section 5.1: Conceptual clarifications / 110
Section 5.2: Presentation of offenses that may be committed by auxiliary staff of the notary office / 113
CHAPTER 6. Offenses that can be committed by the beneficiaries of the services of the notary public / 121
Section 6.1: General aspects / 121
Section 6.2: Analysis of crimes that can be committed by beneficiaries of notarial services / 121
CHAPTER 7. Crimes related to the field of notarial activity / 136
Section 7.1: Preliminary Specifications / 136
Section 7.2: Analysis of crimes related to notarial activity / 136
CHAPTER 8. Other aspects related to the crimes committed in the notarial activity / 143
Section 8.1: Aspects of criminal procedural law / 143
Section 8.2: Electronic notarial activity / 147
Conclusions and proposals of the ferenda law / 152
Selective bibliography / 154
Foreword / 3
CHAPTER 1. Notarial activity - general presentation / 7
Section 1.1: Introductory aspects / 7
Section 1.2: Legal nature of notarial activity / 10
Section 1.3: Principles of notarial activity / 22
Section 1.4: Content of the notarial activity / 25
CHAPTER 2. Aspects of comparative law regarding the notarial activity / 30
Section 2.1: Overview / 30
Section 2.2: Dutch legislation and notarial activity / 33
Section 2.3: Belgian law in the field of notarial activity / 36
Section 2.4: Quebec Notary Law (38)
Section 2.5: Turkish Law on Notaries35 / 39
CHAPTER 3. / Legal liability in notarial activity / 42
Section 3.1: General aspects / 42
Section 3.2: About the deontological code of notaries public in Romania / 44
Section 3.3: Civil liability of the notary public / 50
Section 3.4: Disciplinary liability of the notary public / 52
Section 3.5: Contraventional liability of the notary public / 53
Section 3.6: Criminal liability in notarial activity / 55
CHAPTER 4. Offenses that can be committed by a notary public / 57
Section 4.1: Introduction / 57
Section 4.2: Analysis of crimes that can be committed by notaries public / 58
4.2.1. The crime of disclosure of professional secrecy / 58
4.2.2. The crime of deception. / 61
4.2.3. The crime of concealment / 63
4.2.4. Theft or destruction of documents / 65
4.2.5. Offenses of abuse of office / 67
4.2.6. The crime of negligence in office / 68
4.2.7. The crime of abusive behavior. / 68
4.2.8. The crime of bribery / 70
4.2.9. The crime of receiving undue benefits / 72
4.2.10. Omission to notify the judicial bodies / 73
4.2.11. Favoring the offender / 75
4.2.12. Retention or destruction of documents / 75
4.2.13. False material in the official document / 76
4.2.14. The intellectual forgery / 78
4.2.15. False identity / 82
4.2.16. The false intellectual in the accounting regime / 82
4.2.17. Offenses of tax evasion / 93
4.2.18. The crime of money laundering / 103
4.2.19. The crime of unfair competition / 108
CHAPTER 5. Offenses that can be committed by auxiliary staff in notarial activity / 110
Section 5.1: Conceptual clarifications / 110
Section 5.2: Presentation of offenses that may be committed by auxiliary staff of the notary office / 113
CHAPTER 6. Offenses that can be committed by the beneficiaries of the services of the notary public / 121
Section 6.1: General aspects / 121
Section 6.2: Analysis of crimes that can be committed by beneficiaries of notarial services / 121
CHAPTER 7. Crimes related to the field of notarial activity / 136
Section 7.1: Preliminary Specifications / 136
Section 7.2: Analysis of crimes related to notarial activity / 136
CHAPTER 8. Other aspects related to the crimes committed in the notarial activity / 143
Section 8.1: Aspects of criminal procedural law / 143
Section 8.2: Electronic notarial activity / 147
Conclusions and proposals of the ferenda law / 152
Selective bibliography / 154
The author aims to address, in detail, one of the most complex and important social concerns, which is the notarial activity in different aspects: concept, organization, principles, content. This paper is addressed primarily to theorists and practitioners, but also to those interested in knowing the doctrine, legislation and aspects of comparative law, in the matter of criminal liability in notarial activity.
The approach of the notarial activity was made from the perspective of the criminal activity that can be carried out in the notarial activity by the auxiliary staff, the beneficiaries of the notary public service or even by persons without direct involvement in the notarial activity. The presentation, thus conceived and realized, analyzes four categories of crimes that can be found in notarial activity, starting from the nature of the active subject and continuing with the debate on the assimilation of the status of notary public with the status of civil servant, obviously in the criminal sense of the phrase. .
The author approaches scientifically, in detail each aspect, finally proposing courageous, revolutionary and reasoned solutions, as well as proposals of lege ferenda.
The approach of the notarial activity was made from the perspective of the criminal activity that can be carried out in the notarial activity by the auxiliary staff, the beneficiaries of the notary public service or even by persons without direct involvement in the notarial activity. The presentation, thus conceived and realized, analyzes four categories of crimes that can be found in notarial activity, starting from the nature of the active subject and continuing with the debate on the assimilation of the status of notary public with the status of civil servant, obviously in the criminal sense of the phrase. .
The author approaches scientifically, in detail each aspect, finally proposing courageous, revolutionary and reasoned solutions, as well as proposals of lege ferenda.
Prof.univ. Dr. Alexandru Boroi
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