Legal Protection for Notaries in Controversies over Deeds Suspected of Forgery

Abstract

This study analyzes the forms of legal protection available to Notaries when deeds they draw up are subsequently suspected of containing elements of forgery and determines the legal consequences for such deeds. It employs normative legal research using statutory, conceptual, and case approaches. Primary, secondary, and tertiary legal materials were collected through a literature review and analyzed qualitatively using descriptive-analytical and evaluative methods. The findings show that legal protection for Notaries includes preventive protection through the regulation of official powers and duties, the principle of due care, the right of refusal, professional confidentiality, and the approval mechanism of the Notary Honorary Council; and remedial protection through evidentiary proceedings in which the Notary's fault and involvement constitute the basis of liability. Indications of forgery do not automatically eliminate a deed's authenticity. A deed retains its status as an authentic deed when the formal requirements have been fulfilled and the Notary neither knew of nor participated in the forgery. Conversely, a defect in the subjective requirements renders the agreement voidable, whereas a defect in the objective requirements may render it null and void by operation of law. The novelty of this study lies in a tiered test that links the source of the forgery, the Notary's formal compliance, the form of fault, and the type of contractual defect to determine the protection afforded to the Notary and the legal consequences for the deed