169.11
NGLN
CH-BE
CH-BE
Art. 37 Notariatsgesetz (NG)
Berufspflichten der Notarin und des Notars - Interessenwahrung
Art. 37 Notariatsgesetz (NG)
Die Notarin oder der Notar hat die Interessen der Beteiligten nach bestem Wissen und Gewissen gleichmässig und unparteiisch zu wahren.
Die ihr oder ihm übertragenen Geschäfte sind innert nützlicher Zeit zu erledigen.
Der Notarin oder dem Notar anvertraute Gelder, Wertschriften und andere Sachen sind vorschriftsgemäss aufzubewahren.
Gerichtsentscheide zu dieser Bestimmung (14)
18 14 · be (Art. 37 Abs. 1 NG)
Notary Liability for Breach of Duty in Real Estate Transaction Amendment
Basis for the disciplinary conviction of Notary A. due to violation of the duty to safeguard interests.
18 09 · be (Art. 37 Abs. 2 NG)
Notary Disciplinary Action for Failure to Respond to Official Correspondence
Basis for the conviction of Notary A. due to violation of the duty to expedite matters (as part of the duty to safeguard interests).
17 23 · be (Art. 37 NG)
Notaries Fined for Real Estate Brokerage Fees and Appearance of Bias
Notary B. violated the duty to safeguard interests (part of the duty of impartiality) by notarizing purchase agreements despite an existing conflict of interest arising from the real estate transactions mediated by the A. Verwaltungen AG.
17 61 · be (Art. 37 Abs. 2 NG)
Disciplinary Action Against Notary for Failure to File Estate Inventory
Basis for issuing a reprimand due to violation of the duty to safeguard interests (delayed execution of the inheritance inventory).
17 32 · be (Art. 37 NG)
Notary Sanctioned for Backdating Deed Amendments and Misrepresenting Capacity Assessment
Cited as the provision establishing the interest-protection duty, which the notary violated.
17 36 · be (Art. 37 Abs. 1 NG)
Notary Disciplinary Fine for Invalid Estate Inventory and Failure to Notify Heirs
Basis for the disciplinary sanction due to violation of the duty to safeguard interests by not treating all entitled persons equally.
JGK 26 11 16 76 · be (Art. 37 Abs. 1 NG)
Notary Fine Upheld for Prohibited Fee and Conflict of Interest in Real Estate Transaction
Basis for finding that the appellant further violated the duty to safeguard interests by subsequently certifying the real estate purchase contract.
100 2017 257 · be (Art. 37 Abs. 1 NG)
Notary Disciplinary Fine for Success-Dependent Brokerage and Conflict of Interest in Notarization
Cited in the conclusion (E. 7.1) as one of the violated professional duties justifying the verdict.
JGK 26 11 13 94 · be (Art. 37 Abs. 1 NG)
Notary Disciplinary Fine Upheld for Real Estate Brokerage and Conflict of Interest
This provision was violated because the notary certified the purchase contract for a property brokered by his company for a commission, breaching the duty of impartiality.
15 43 · be (Art. 37 Abs. 2 NG)
Notary Disciplinary Action for Estate Administration Delays
This article establishes the duty of diligence that the notary was found to have violated regarding the issuance of the certificate of inheritance.
15 35 · be (Art. 37 NG)
Disciplinary Action Against Notary for Estate Processing Delays
The notary was found to have violated the duty to safeguard interests (Interessenwahrungspflicht) regarding the delay in opening the will and the delay in providing a detailed invoice.
14 13 · be (Art. 37 Abs. 2 NG)
Notary Disciplinary Fine for Undue Delay and Lack of Communication in Property Transfer
The notary was convicted for violating professional duties by unduly delaying the mandate.
12 55 · be (Art. 37 Abs. 2 NG)
Disciplinary Action Against Notary for Professional Negligence and Delays
The notary was convicted of violating professional duties due to not handling entrusted matters within a useful time, as established in this article.
07 449 · be (Art. 37 Abs. 1 NG)
Notary Discipline for Failure to Disclose Conflict of Interest in Property Sale
The court found that Notary X violated his duty to safeguard the interests of all parties equally and impartially.