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Research On The Legal System Of Notarial Faults Compensation

Posted on:2016-08-25Degree:MasterType:Thesis
Country:ChinaCandidate:X Y QianFull Text:PDF
GTID:2296330479488068Subject:Law
Abstract/Summary:PDF Full Text Request
The core value of notary system is to prevent disputes, but in real life disputes caused by notarial faults are not rare. The legal system of notarial faults compensation can make up the damages of the parties and interested parties, meanwhile, it can help standardize the practices of notaries, reduce the occurrence of notarial faults and enhance the public trust in notarization. “Notary law” of China has established the system of notarial faults compensation. However, laws and regulations for this system are limited in the level of principle. Based on defining the legal attribute of notarial faults compensation, this essay presents the problems of the legal system of notarial faults compensation through exemplary cases and puts forward consummate suggestions. This paper is divided into four chapters:Chapter 1: Conspectus of notarial faults system. This part presents the concept and the theoretical basis of this system and discusses the legal features of notarial faults compensation. It’s a civil compensation, infringement compensation with feature of expert responsibility.Chapter 2: Study and inspiration of extraterritorial system of notarial faults compensation. This part studies notarial faults compensation of Latin notary system and Anglo-American notary system separately, including France, Germany, Britain and American; and concludes experiences that can be referenced by China.Chapter 3:Problems of notarial faults compensation system in China. Beginning with the introduction of development of this system in China, this part presents problems of notarial faults compensation system by analyzing exemplary cases in three aspects: notarial liability, remedy approach and safeguard mechanism.Chapter 4: suggestions for improving the legal system of notarial faults compensation. There are five parts in this chapter. The first part verifies the constitutive requirements of notarial faults compensation in four angles: the standard and forms of faults, the causal relationship between faults and damages, the scope of compensation. The second part clarifies the shared responsibility internally and externally. The third part presents the necessity and way of establishing the self-regulation and solutions for the connection between self-regulation and external litigation. The forth part explains the burden of proof in litigation of notarial faults compensation. The last part proposes advices to improve the security mechanism.
Keywords/Search Tags:Notarial faults compensation, Remedy Approach, Security Mechanism
PDF Full Text Request
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