MORAL DAMAGES ARISING FROM ACTS OF NOTARIES OF PROTEST
The improper protest of credit securities is a potentially damaging act. However, it is necessary to differentiate the mistake in the procedure of the protest (giving rise to moral damages in the face of the notary) from the problems related to the origin of the title (liability of the creditor). Th...
| Autores principales: | , |
|---|---|
| Formato: | Online |
| Lenguaje: | Português |
| Publicado: |
TJDFT
2024
|
| Materias: | |
| Acceso en línea: | https://revistajuridica.tjdft.jus.br/rdj/article/view/945 |
| Sumario: | The improper protest of credit securities is a potentially damaging act. However, it is necessary to differentiate the mistake in the procedure of the protest (giving rise to moral damages in the face of the notary) from the problems related to the origin of the title (liability of the creditor). This is because the questions concerning the formation of the title, and those enforceable against the creditor, are not the object of analysis by the notary of protest of titles and do not even come to his knowledge. Thus, the present study aims to analyze these circumstances, and point out that there is no duty to indemnify the notary who acts in strict compliance with his legal duty, even if there are defects in the origin of the debt. |
|---|---|
| ISSN: | 2675-9640 |
| DOI: | 10.22477/rdj.v115i00.945 |