Responsabilidade civil de notários e registradores

• Autor(a) principal: Lemos, Raphael Abs Musa de
• Data de Publicação: 2017
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/21826
• topic: Responsabilidade (Direito); Notários; Registradores; Tabeliães; Liability (Law); Notaries; Registrars; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

The present master’s dissertation aims at the investigation of the compatibility of the legal relation between extrajudicial delegate and customer with the elements constituents of the consumer relation, consequently attracting to it the Code of Consumer Protection (CCP) to discipline the civil liability of notaries and registrars. However, to reach that step it is essential to inquire if those agents respond directly or indirectly, prevailing in the second case the liability of the delegating state entity, as well as if they can be held responsible without the demonstration of the intentional aspect of the conduct. Finally, it is also worth hypothesize if it makes sense trying to systematize the nominated civil liability in the binary classification allusive to the non-contractual or the contractual character, or if simply surmountable the dichotomy. For this purpose, it is drawn upon the dialectical and the hypothetical-deductive methods, with the comparison of the national and foreign scholars’ positions, congregated with the gathering of plentiful jurisprudential material, in order to submit to test the assertive that the CCP falls upon the activity of notaries and registrars. At the end of the research, it is concluded that those agents performing in collaboration with the Public Power must respond directly and subjectively, in attention to the constitutional guideline that emanates exclusively from the article 236, being, however, irrelevant the classification of this liability under the extra-contractual or contractual dichotomy, insofar as, besides not conforming perfectly to none of them, both tend to the approximation, which, by the way, is already verified with its overcoming in theory and in the national legal order. Lastly, it is understood that the relation established between delegate and customer of public function is, actually, moldable to the elements abstractly provided for the identification of the consumer relation, causing, therefore, the incidence of the consumer law on the civil liability of notaries and registrars, that have started to respond civilly in a similar manner as the independent professionals