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近年来,伴随着公证事业的飞速发展,公证业务量的成倍增长,公证赔偿问题日益凸显。《中华人民共和国公证法》第四十三条规定:公证机构及其公证员因过错给当事人、公证事项的利害关系人造成损失的,由公证机构承担相应的赔偿责任;公证机构赔偿后,可以向有故意或者重大过失的公证员追偿。本文试图通过对几个公证赔偿案例的解析,分析公证赔偿的性质及如何避免发生错证,使每一个公证事项都能经得起历史的检验。
In recent years, along with the rapid development of notary public affairs, the number of notarized businesses has doubled and the issue of notarial compensation has become increasingly prominent. Article 43 of the Notary Law of the People’s Republic of China stipulates that: Where the notary office and its notary public have caused any losses to the parties due to fault or to the interested parties of the notarial matters, the notary office shall bear the corresponding liability for compensation; after notarization, the notary office may, after compensation, Reward to notary public who has intentional or gross negligence. This paper tries to analyze several cases of notarial compensation, analyze the nature of notarial damages and how to avoid wrong card, so that each notarized case can withstand the test of history.