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INDEBTEDNESS AS DISCRIMINATORY ELEMENT FOR PERFORMING NOTARIAL SERVICES:CROATIAN SOLUTION AND EUROPEAN EXPERIENCE
Dejan Bodul
; Pravni fakultet Sveučilišta u Rijeci
Sanja Grbić
; Pravni fakultet Sveučilišta u Rijeci
Sažetak
Analysis of the historical development of institute of notaries and comparative analysis of legal systems show that the institute of notaries is regulated differently, but what is common to all systems and refers to the legal nature of this institute is the fact that the notaries are persons worthy of public trust. This statement is the backbone of all the considerations relating to the institution of the notaries and theirs activities in the field of European legislation. The aim of this paper is to analyze the anachronism of indebtedness criteria as one of the positive legal obstacles in performing notarial services adequately. The complexity of the research topic and tasks of this paper have determined the choice of methods that are used here. During the research it was used methodological approach that includes the study of domestic and foreign literature, the study of relevant legislation, as well as an analysis of domestic and international jurisprudence. In this paper, authors shall analyze the case law of the European Court of Human Rights according to Article 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (Prohibition of discrimination).
** This work has been supported by the Croatian science foundation under the project number 6558 "Business and Personal Insolvency - the Ways to Overcome Excessive Indebtedness"
Ključne riječi
notaries; criteria for selection; indebtedness; analysis of comparative legal experiences
Hrčak ID:
130787
URI
Datum izdavanja:
7.4.2014.
Posjeta: 2.047 *