Responsabilidad del notario por los actos de los dependientes de la notaría.

Abstract

This study is aimed at analyzing the responsibility of notaries for the acts of their dependents, indicating that this official, endowed with public faith, is authorized to intervene in a series of acts, contracts and documents. For this reason, they must have support staff for the fulfillment of their duties with diligence, this official being responsible for the acts that they carry out and that may result in damage to users and even the notary himself. To delimit the responsibility of notaries in front of their dependents, a methodology based on theoretical methods such as analytical, comparative and inductive was used, as well as empirical methods such as documentary analysis and interviews, the latter applied to five notaries and judges who allowed evidence that the notary or notary has the right to defense proving that it is not their responsibility, but it is unlikely that they will be exempted from it when their dependents acted in bad faith or were misled, since they are obliged to verify all types of operations in his office thus supporting the legal security of what he authorizes. That said, complementing the study with a comparative analysis, a reform of the Organic Code of the Judicial Function is presented indicating that the notary or notary will not be responsible for acting in bad faith or errors of his dependents or substitute notary, showing that, in addition to be compelled to train their workers for a minimum of 180 hours to strengthen their performance.