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Review article

https://doi.org/10.47960/2637-2495.2018.26.111

PROFESSIONAL LIABILITY OF PUBLIC NOTARIES IN THE REPUBLIC OFCROATIA - DISCIPLINARY, CRIMINAL, MISDEMEANOR AND CIVILLIABILITY

Jure Plećaš orcid id orcid.org/0000-0002-2872-0638 ; Pravni fakultet Sveučilišta u Mostaru, Bosna i Hercegovina


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Abstract

According to Art. 2 of the Law on Public Notary, public notary services are performed by public notaries as independent service holders who have the capacity of public trust. Thus, public notaries are impartial advisors to the parties, impartial writers of their will, giving them the character of the authentic act and the power of the executive judicial verdict while taking care to prevent the occurrence of disputes between the participants of the notarial procedure. Due to the high set of conditions for appointing a public notary, the expertise of public notaries and their permanent professional development, there are high expectations in the quality of their work and the establishment of legal certainty before the notaries. Because of this it is expected that public notaries will not make a mistake in their work, and if they do,
they will have full professional responsibility. Notaries can have professional liability in many different ways. Due to the short form, in this paper we will only give a short overview of the professional liability of public notaries. In general terms, the issue of professional liability is
devoted to relatively few systematic research in our legal literature, which is not surprising because of the complexity and multidimensionality of the problem.

Keywords

public trust; professional liability; dispute prevention; disciplinary responsibility; misdemeanor liability; criminal liability; civil liability

Hrčak ID:

233370

URI

https://hrcak.srce.hr/233370

Publication date:

28.12.2018.

Article data in other languages: croatian

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