The liability of a notary as an economic entity providing legal services, ensuring the interests of consumers

Abstract

The article examines the problematic aspects of civil liability of notaries of the Republic of Lithuania when performing notarial actions, ensuring the interests of consumers. The principle of personal liability of a notary is revealed, paying attention to the duality of the notary’s functions. The notary’s activities are analyzed, (not) related to the exercise of public authority powers, reviewing the limits of civil liability of a notary as an economic entity, and the influence of the actions of the injured person himself, raising the issue of liability. In the article, the author raises a rhetorical question regarding the application of indirect liability of the state for damage caused by the notary’s unlawful actions, performing functions assigned to the state, focused on the balance of interests of the notary and the state, revealing the importance of the principle of notary independence. The author attempts to reveal the gap in legal regulation in the context of notary civil liability, protecting the interests of both consumers and the notary from unjustified liability.