The responsibility of the Colombian state by way of imputation of failure in the service derived from the exercise of the notarial function as a public function in the 21st century

Abstract

Since ancient times, the state has already begun to show the need for public faith, which was aimed at giving faith and certainty of the patrimonial and personal acts carried out by the companies, which is why, with the influence of French law systems, created and implemented the notarial function and the figure of the Notary, all of the above, although it is true, was created in order to satisfy the needs and interests of individuals, it generated certain changes and uncertainties, both normative and practical, since the Notary is a human being, the same, is not exempt from committing any error, which is why it is important to establish, despite the legal nature of the notary, as he is an individual who exercises public functions, who is called to respond in case of damage or injury caused to a third party in the exercise of his functions, since he cannot be classified as a public servant with respect to which the state would be responsible for his actions in the action of r direct repair and later through the repetition against the Notary. In this article, the legal figure of the notary, its nature, its functions and the implications for liability regarding its acts will be critically analyzed, always making a parallel with the so-called failure of the service and if it due to its acts and Nature gives rise to its configuration.