JURITEXT000006952544 Généré par l'IA

Notary Liability for Erroneous Property Description Despite Mutual Agreement

Numéro de cause JURITEXT000006952544

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-02-22

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A lower court's decision that held a notary liable for damages arising from an error in the formal description of a property boundary in a deed, despite the parties having agreed to the incorrect boundary, was upheld because the notary, as a public officer, has a mandatory professional duty to verify the accuracy of the deed's contents against official plans and records, and failure to fulfill this duty constitutes a breach of the obligation of professional security owed to the contracting parties, even if the error was mutually accepted.

Regeste Legislator

Généré par l'IA

Notary Liability for Erroneous Property Description Despite Mutual Agreement: A lower court's decision that held a notary liable for damages arising from an error in the formal description of a property boundary in a deed, despite the parties having agreed to the incorrect boundary, was upheld because the notary, as a public officer, has a mandatory professional duty to verify the accuracy of the deed's contents against official plans and records, and failure to fulfill this duty constitutes a breach of the obligation of professional security owed to the contracting parties, even if the error was mutually accepted.