THE IGNORANCE OF THE LAW OF THE NOTARY: SPECIFICATIONS AND LEGAL CONSEQUENCES

Abstract

Spanish Law envisages a genus of notarial liability in case of inexcusable ignorance of the Law, which, conversely, means that it is recognized de facto the existence of a sphere of «excusable ignorance » of the notary. This regulation may be seem as inadmissible if we consider both the excellent training of the Notaries as the fact that they are public officials and, consequently, have the duty to know the Law. However, with the aim to avoid this hurdle, scholars and Courts have carried out a strict interpretation of the rule, consisting on linking the waiver of liability of the notary to the existence of a question of law particularly controversial, contentious and complex