The liability of civil law notaries

Disciplinary liability

The civil law notary who infringes professional rules prescribed by law commits a disciplinary offence and consequently disciplinary sanctions may be imposed. The lightest of such sanctions is reprimand, the most severe one is removal from office. Disciplinary sanctions are imposed by the disciplinary council of the regional court operating at the seat of the relevant territorial chamber at first instance, whilst on second instance the notarial council at the Curia decides.

Financial liability

The notary is obliged to compensate any damage caused within the scope of his professional activities and is liable to pay a penalty for the infringement of any personality rights pursuant to Section 6: 549 (2) Act V of 2013 on the Civil Code (hereinafter CC) which states that the same provisions apply as appropriate to the liability for damages caused due to the professional malpractice of a notary or court bailiff as to the liability for damages caused when exercising administrative authority. A claim for damages may be filed only if ordinary remedies have been exhausted. To cover potential claims for damages civil law notaries have to take up a professional indemnity insurance worth 50 million forints (164,000 EUR). This is the highest coverage of liability insurance among Hungarian legal professionals.