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210.300 NOTGLNOT CH-GR

Art. 24 Notary Act (NotG) - Diligence, Protection of Interests, and Legal Instruction

Duties of a Notary
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Art. 24 NotG - Diligence, Protection of Interests, and Legal Instruction · Diligence, Protection of Interests, and Legal Instruction

1. The notary has the duty to prepare and execute their official acts diligently. They must not assist in transactions that are not compatible with law or good morals.

2. They are required to safeguard the interests of the parties equally and objectively. They must ensure the observance of good faith.

3. They must ascertain the intentions and objectives of the parties, inform them about the content and apparent implications of the transaction, and strive to eliminate contradictions or ambiguities. They must not influence the parties' free decision-making.

← Art. 23 NotG - Immediacy Notary Act (NotG) - Notary Public Persons Art. 25 NotG →

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Court Decisions Applying This Provision (5)

U 2014 98 · gr (Art. 24 NotG)
Estate Heirs v. Municipality over Notarial Error in Servitude Registration
Basis for the notary's duty of care and liability for damages.
U 2014 98 · gr (Art. 24 NotG)
Estate Heirs v. Municipality over Notarial Error in Servitude Registration
Outlines the duty of care and liability of notaries.
PVG 2009 4 · gr (Art. 24 Abs. 2 NotG)
Notary-Attorney Conflict in Litigation Involving Prior Public Deed
This provision defines the notary's duty to safeguard the interests of the parties impartially, which was the central issue regarding the conflict of interest.
U 2009 67 · gr (Art. 24 Abs. 2 des kantonalen Notariatsgesetzes (NotG; BR 210.300))
Lawyer/Notary Conflict of Interest Regarding Property Development and Zoning Dispute
Used by analogy to support the court's reasoning regarding the conflict of interest in the context of the attorney's former notarial role.
U 2009 46 · gr (Art. 24 Abs. 2 NotG)
Notary Conflict of Interest in Real Estate Warranty Dispute
This provision defines the notary's duty to safeguard the interests of the parties equally and objectively, which was the core issue in determining the disciplinary breach.