Notary liability

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In German professional law or tort law, notary liability describes the liability of a notary, whereby the following principle applies: The notary is liable for willful and negligent breaches of official duties. This liability is specifically regulated in Section 19 of the Federal Notary Code (BNotO). The liability for negligence is usually subsidiary , i.e. H. The notary can only be called upon if the injured party is unable to obtain compensation in any other way, Section 19 (1) sentence 2 BNotO.

The provisions of tortious official liability according to § 839 BGB are applicable, as far as § 19 BNotO contains no special regulation.

The state is not liable in place of the notary, Section 19 Paragraph 1 Sentence 4 BNotO This is in contrast to general official liability, for which Article 34 of the Basic Law (GG) prescribes that the responsibility lies with the state or the corporation in whose service the official is.

Legal process

The regional courts are exclusively responsible for claims for damages from notarial liability , Section 19 (3) BNotO.

Liability insurance

The notary is legally obliged to take out professional liability insurance , which must amount to at least € 500,000 per insured event, § 19a BNotO.

Literature on notary liability

  • Hans Gerhard Ganter, Christian Hertel, Heinz Wöstmann: Handbook of notarial liability , 1st edition, 2009, LexisNexis publishing house, ISBN 978-3-896-55440-6
  • Geigel: The liability process , 25th edition, Munich 2008 [Verlag CH Beck], ISBN 978-3-406-56392-8 , Chapter 20: Liability for breaches of official duties, marginal no. 254-278: II. Notary liability
  • Tremml, Bernd; Karger, Michael : The official liability process - official liability, notary liability, European law. Vahlen-Verlag, 2nd edition, Munich 2004. ISBN 3-800-63116-4
  • Helmut Weingärtner (Ed.), Notarrecht , 9th edition, Cologne 2009, Verlag Heymanns, ISBN 978-3-452-26926-3
  • Belonging, Horst; Ganter, Hans Gerhard; Hertel, Christian: Handbuch der Notarhaftung , 1st edition, Münster 2004. ISBN 3-89655-103-5