The Civil Liability Fund of Public Notaries in Romania provides the institutional framework for covering the professional civil liability of public notaries for damage caused in the course of notarial activity.
The Fund operates within the National Union of Public Notaries of Romania, organised as a body with legal personality, its own assets and its own governing bodies.
The role of the civil liability system
The purpose of the Civil Liability Fund is to guarantee the civil liability of the practising public notary for damage they cause through notarial acts and conduct, except for damage caused by acts committed intentionally.
This mechanism protects those who use notarial services, and third parties, whenever the professional civil liability of the public notary is engaged.
Participation of public notaries
All public notaries practising on the territory of Romania are part of the professional civil liability system. Participation in this system is compulsory and is a condition of practising as a public notary.
Practising public notaries are required to pay their civil liability contribution annually and in full, under the conditions laid down in the civil liability contract concluded with the Civil Liability Fund of Public Notaries.
Organisation and operation
The funds of the Civil Liability Fund are made up of civil liability contributions, registration fees, interest and other lawful sources.
The institution's activity is governed by Law no. 36/1995 on public notaries and notarial activity, by its own Statute and by the decisions of its governing bodies.
The governing bodies of the Civil Liability Fund of Public Notaries are the Congress of Public Notaries, the Board of Directors and the President.