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Competence of Notaries Public in Bosnia and Herzegovina
; Faculty of Law, University of Sarajevo, Sarajevo, Bosnia and Herzegovina
Puni tekst: pdf (607 KB),
Str. 245 - 310
The author analyses the normative certification competence of notaries public, i.e. the competence for drafting notarial acts on legal transactions in Bosnia and Herzegovina. The scope of competence notaries public in Bosnia and Herzegovina is largely identical to that in other countries of the region, although broader in some respects. Due to the specific constitutional arrangement of Bosnia and Herzegovina, the competence of notaries public is differently regulated in different the entities (the Federation of Bosnia and Herzegovina and Republika Srpska) and the Bričko District. At the moment of the adoption of pertinent regulations, the competences were the same, only to diverge with later amendments to special regulations, which resulted in vast differences in their scope of competence. The author analyses the regulations governing the competence of notaries public in family and inheritance law matters, the probate procedure, company status, immovable property transactions and enforcement, comparing them with the solutions from other countries of the region.
The analysis suggests that the regulation of the competence of notaries public in immovable property transactions and enforcement has already produced positive effects in practice. The capacity of a notary public as a preventive court of law offering equal protection to both parties has enhanced the security of immovable property transactions in Bosnia and Herzegovina by reducing the volume of some negative practices (acquisition of unregistered plots, multiple alienation of property). The paper puts a particular emphasis on the revitalisation of the role of conditional registration as a property-law insurance that the transfer of title, a requirement stemming from the law of obligations, will be fulfilled. On the other hand, the author also points to inadequate and unconsolidated regulation of notarial competence in company law matters, which may jeopardise the completion of tasks assigned to notaries public in this area. The excessive competence of notaries public in the Federation of Bosnia and Herzegovina in the area of company status is particularly harshly critized. As regards the competence in family and inheritance law matters, the author concludes that there is room for additional involvement of notaries public in the general interest.
competence of notaries public; notarised document; notarial act; notarial certificate; executive notarial document; notarisation of articles of association; notary publics in immovable property transactions
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