Professional paper
Public Notary Service and the Enforceability of Notary’s Instruments
Kata Senjak
; Constitutional Court of the Federation of Bosnia and herzegovina, Sarajevo, Bosnia and Herzegovina
Abstract
Notaries and public notary services are present in most European countries, and they represent a specific legal service that plays a special role in the functioning of the legal order, establishing legal certainty and contributing to the strengthening of the economy, particularly in developing countries. Solutions that are adopted with regard to the organization and competences of notaries shape the notary service as a public service, independent, autonomous and detached from any other. The notary service in most European countries is based on modern legal solutions and a high degree of legal certainty, having in mind that highly trained and qualified persons will be performing these activities.
The Treaty on European Union does not mention this service, so one may conclude that there is no unique notary service in EU Member States. However, European Notarial Code of Conduct includes a definition of the profile of the notary profession which conveys the uniqueness of the profession, stating that they are independent advisors to all parties of a transaction and that they produce public documents which should guarantee legal certainty.
The principal goal of the notary service is achieved by the enforceable character of a notarial instrument. This goal pertains to the contribution of the service to a more efficient realisation of citizens' rights, and in particular to the protection of creditors, who can request enforcement on the basis of this kind of executive instrument. This procedure does not only help the creditor but the debtor as well, since the debtor will not be obliged to pay the costs of litigation proceedings. In addition, the notary practice should disburden the courts and administration from certain types of cases that are assigned to the notaries.
Keywords
public notary service; notary’s competences; notarial instruments; executive notarial instruments; enforcement based on notarial instruments
Hrčak ID:
109713
URI
Publication date:
6.5.2013.
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