Introduction
In modern legal systems, the reliability and predictability of relationships between individuals largely depend on the authenticity and legality of documents. At this point, the notary institution emerges as a safeguard that ensures the accuracy and legal validity of legal transactions. Acting on behalf of the state and under public authority, the notary public plays a direct role in ensuring public trust.
However, this authority also entails significant legal responsibilities. In this article, we provide a detailed examination of the notary’s legal status, duties, types of liability, compensation regime, and relevant judicial precedents.
🔹 1. Legal Status and Primary Duties of the Notary
▪️ Legal Position of the Notary
In Türkiye, notaries are governed by Law No. 1512 on Notaries. While they are public officials, they are not classified as civil servants. Although the notarial profession is not directly regulated in the Constitution, it is one of the key mechanisms that uphold the rule of law and legal security in practice.
▪️ Scope of Duties
The responsibilities of a notary extend beyond merely drafting documents. A notary must:
- Reflect the parties’ intentions in accordance with legal rules,
- Refuse to certify statements that are contrary to the law,
- Inform the parties about legal consequences,
- Verify and check all relevant documentation.
In essence, the notary is not a passive typist, but an active legal reviewer and controller of legal acts.
🔹 2. Scope of the Notary’s Legal Liability
Any legal wrongdoing during notarial activities may result in civil liability (compensation claims) and administrative (disciplinary) sanctions. In serious cases, criminal liability may also be applicable.
🟠 A. Civil Liability (Compensation)
According to Article 162 of the Notary Law:
“The state is liable for damages arising from notarial acts. After compensating the damage, the state may seek recourse from the notary in proportion to their fault.”
This means that the state is primarily responsible, but may reclaim compensation from the notary in cases of proven negligence. The liability here is based on a duty of care, which is objectively assessed.
Elements of a compensation claim:
- Unlawful or incorrect notarial act,
- Fault or negligence of the notary (intent or omission),
- Actual damage,
- Causal link between the fault and the damage.
Examples of notarial errors:
- Granting a power of attorney to the wrong person,
- Executing a sales contract with incomplete documentation,
- Ignoring indications of fraudulent intent,
- Failing to detect forged documents.
🟠 B. Disciplinary Liability (Administrative)
Notaries are subject to supervision by the Turkish Union of Notaries and the Ministry of Justice. Disciplinary sanctions include:
- Warning,
- Reprimand,
- Temporary suspension,
- Permanent removal from office.
Disciplinary measures are typically based on inspection reports, complaints, and findings of administrative investigations.
🟠 C. Criminal Liability
In exceptional circumstances, a notary’s conduct may lead to criminal prosecution, such as:
- Knowingly drafting false documents,
- Executing transactions for unauthorized parties,
- Forgery in official documents.
Although most mistakes in notarial practice are due to negligence, intentional acts may be prosecuted under the Turkish Penal Code.
🔹 3. Judicial Practice and Case Law
Turkish Court of Cassation (Yargıtay) rulings emphasize the notary’s duty to exercise high diligence and legal scrutiny. Some key rulings include:
- “Failing to notice the invalidity of a power of attorney during an ongoing divorce case constitutes gross negligence.”
- “Failure to verify identity before executing an act is a clear indication of fault.”
- “Omissions in testamentary documents that affect inheritance rights can result in compensation claims.”
These judgments confirm the active legal role notaries are expected to play—not simply as witnesses, but as enforcers of legal integrity.
🔹 4. Limitations of Notarial Liability
Not every notarial act carries the same level of legal risk. In some cases, the notary is only required to reflect the parties’ declarations—for example, when issuing formal notices. In such cases, the notary is not responsible for verifying the legal content of the declaration.
Moreover, notaries are not expected to detect every forgery. However, when documents raise suspicion, they are expected to act with heightened scrutiny.
🔹 Conclusion
The notarial profession plays a pivotal role in balancing public trust and private legal relations. Every document executed by a notary has binding legal consequences and creates a presumption of lawfulness. This underscores the notary’s duty to act with utmost care and diligence, as any error can lead to significant legal repercussions.
However, there are limits to liability. Not every error results in liability. The courts assess fault, damage, and causationcarefully and on a case-by-case basis. Therefore, both notaries and parties involved in notarial acts should exercise maximum caution to ensure that the practice continues to promote legal certainty and uphold proportionality in liability.
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