Configuración de la responsabilidad civil del notario en Colombia por la descentralización por colaboración

Abstract

There are multiple discussions that have been taking place surrounding the configuration of the Civil Responsibility of the Notary in the Colombian context. This discussion has crossed dualities concerning whether its Civil Liability should be granted from contractual or extra contractual component, considering the ordinary jurisdiction or contentious administrative and if it would be given under a subjective or objective regimen of guilt. That is why, an inquiry was undertaken regarding the development of responsibility, its legal nature framing the requirements that have been given throughout mainly from the 20th century until today. For this, it is necessary to analyze the principle of decentralization by collaboration established by 1991 Colombian Political Constitution, and the established verdicts by the Constitutional Court and regulatory laws of civil responsibility. To achieve the goals of this exercise, it will be used the legal method in order to understand problems, normative regulatory and jurisprudential contradictions regarding the elements of civil responsibility such as generator fact, guilt, link of causality and damage, this last as a consequence of the derived actions of the trust that lead social and stately a notary, who since his particular role, creates important performances of the public function without being a public official, which is vital to recognize in case of incurring in civil responsibility under what parameters would have to be processed a notary.