Câteva discuţii privind nulitatea procedurală a încheierilor notariale
Some Observations On The Procedural Nullity Of Notarial Concluding Orders

Summary/Abstract: The regulatory framework governing notarial activity has a tendency to stipulate obligations, incumbent on the public notary, to check certain special registers in order to execute a notarial deed. In this material we conclude that, in principle, the legal operations entrusted to the public notary, even if they are qualified as procedural acts, cannot entail the nullity of the notarial closing in case of non execution or non compliant execution. The solution would change if the respective obligation were expressly regulated as falling under Article 84 Letter g) of Law no. 36/1995. In such a situation, the issue of annulling the notarial closing could be raised, but under the conditions of Article 87 Paragraph (1) of Law no. 36/1995, which implies the additional condition of having caused the party an injury “that cannot be removed in any other way than by annulling the deed”. Of course, failure to properly fulfill his obligations may incur the public notary’s liability (e.g., disciplinary, civil and/or criminal).

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