Information Placement in Notarial Registries: Issues with Evaluating the Actions of Participants

Abstract

Within the framework of improving legislation, the Federal Notary Chamber has been entrusted with the responsibility of maintaining a registry of notifications regarding the pledge of movable property and the cancellation of powers of attorney executed in simple written form. It should be noted that these changes have a positive impact on civil transactions. However, there are specific questions regarding the procedure for their implementation. The main issue is that neither the notary nor the person posting the relevant information about the pledge or cancellation of powers of attorney is held responsible for the accuracy of the information, which allows for the possibility of abuse. In defining the purpose of this research, attention should be paid to the evaluation and analysis of the procedural and legal aspects of maintaining the aforementioned registries, identifying specific cases of abuse of rights by individuals posting information in the respective registries. This necessitates finding a solution to the stated problem, namely: clarifying the procedure and limits of actions for the parties involved in the relevant legal relationships in order to prevent the possibility of their misconduct. The research is based on general scientific methods of cognition and legal hermeneutics. During the analysis of current legislation and legal practices, it has been determined that in the existing reality, there is a possibility of abuse by individuals posting information in notarial registries regarding the cancellation of powers of attorney and the registry of notifications about pledges. The legislation does not provide indications of sanctions against individuals who violate the prescribed registry procedure. The presumption of notification from the moment the information is posted in the registry by an interested party, despite possible errors that compromise the accuracy of electronic search or distortions in the information, which prevent proper identification of the sought-after object, leads to violations of property rights of participants in civil transactions.