Assessing the Responsibility of a Notary: Between Formality and Substance in Authentic Deeds

Purpose:This study examines whether restricting notarial liability to formal compliance adequately protects the validity of authentic deeds and how responsibility for substantive irregularities should be constructed.Methodology:Normative legal research employing statutory, conceptual and analytical approaches, with qualitative analysis of legislation, legal doctrine, jurisprudence and scholarly sources.Findings:Notarial liability generally concerns formal requirements, but may extend conditionally to substantive matters where negligence, misconduct or a breach of the duty of care is established.Implications:The findings support a proportionate framework that combines formal legality, professional diligence, legal certainty and substantive justice.