Legal Liability of Notaries for False Statements in Deeds of Power of Attorney to Grant Mortgage Rights: A Socio-Legal Perspective

This article analyzes the notary’s responsibility and the legal consequences for the parties when false information is provided regarding a collateral object that has already been encumbered with a prior mortgage. The issue arises from a statement in a notarial deed declaring that the vessel used as collateral is not pledged to any other party, whereas in fact it has already been pledged to another creditor. This situation creates a legal problem in the form of double collateral, which may harm third parties and lead to legal uncertainty.The research method used is normative juridical, relying on relevant primary and secondary legal materials. The study also refers to statutory regulations concerning the notarial profession, security rights, and relevant empirical facts.The results show that a notarial deed retains its evidentiary strength as an authentic deed in a formal sense; however, materially it may be annulled if it is proven to contain a defect of will in the form of false statements. The notary’s responsibility is, in principle, limited to the formal aspects of drafting the deed based on the parties’ statements. Nevertheless, the notary is still required to act carefully, thoroughly, and prudently in carrying out their duties. A notary may be held liable administratively, civilly, or even criminally if proven negligent or aware of such false information. The legal consequence of double collateral is the emergence of legal uncertainty and potential losses for parties acting in good faith, where the creditor who first obtains the security right holds a preferred position. Therefore, both the parties and the notary must exercise due diligence in ensuring the accuracy of data and the legal status of the collateral object to guarantee legal certainty, fairness, and optimal legal protection for all concerned parties