Examining the Ethical Foundations of Compensation for Mistakes and Forgeries in the Preparation of Official Documents

Background: Preparing a formal transaction document is one of the specific duties of notaries public, which requires the use and observance of various substantive and formal conditions. Failure to comply with any of these conditions can lead to the annulment of the document by the court and the responsibility to compensate the clerks. Compensation by the clerks in various articles such as Article 68 of the Registration Law (1310), Article 22 of the Law on Notaries Officially in particular and Articles 328 to 335 of the Civil Code in general. In the meantime, compensation for damages caused by mistakes and forgeries in the preparation of official documents, in addition to legal principles, also has moral principles. In other words, even before the formation of governments, the grounds for compensation are seen in human behavior, and this proves that compensation has a moral basis beyond the legal framework. In this article, according to the descriptive-analytical method, we have dealt with the issue of what are the ethical principles of compensation for damages caused by mistakes and forgeries in the preparation of official documents? Conclusion: The result of the present study is that principles such as good faith, fidelity to the covenant, prohibition of fraud, etc. are considered as moral principles of compensation for mistakes and forgeries in the preparation of official documents. The solution presented here is that if the injured person has been harmed as a result of a mistake in these cases, the compensation solution can be considered from the place of collection right or, in general, collection government rights.