Stručni rad
Notaries Public and Insurance of Money Claims on Realty
Jožica Matko Ruždjak
; Zagreb, Hrvatska
Sažetak
The Law on Public Notaries (NN 78/93, 29/94, 16/07 and 75/09) introduced institutes of notary public insurance claims in the Croatian legal system. The Execution Act (NN 57/96, 29/99,42/00,173/03, 194/03, 151/04, 88/08) has fully validated this type of insurance of claims. This work considers the institutes of notary public's insurance of claims on realty as voluntary insurance based on agreement between the parties. It deals with the notaries public's insurance of claims on realty by establishing the law of lien, mortgages, with special reference to the rules that regulate this institute which in the case of insurance by notaries public somewhat differ from those regulating court insurance of lien. The insurance documents must comply in form and content with all the terms in order for the mortgage to be entered in the land ownership records and for the insurance coverage to be obtained. After the insured claim for the pay settlement with the creditor covered by such an insurance falls due, the case is settled in the court distraint proceedings, regardless of whether the insurance certificate was drafted by the court or by the notary public. Insurance conducted by notaries public through the transfer of real estate ownership, fiduciary insurance, is an institute of voluntary insurance which regardless of legal regulation exists in practice almost exclusively as insurance by notaries public. This work deals with the institute as a whole. It deals with the preconditions that need to be met by the agreement on fiduciary insurance both in its form and content. Special emphasis is given to the mandatory provisions of such an agreement and also those which the parties may agree on at the time of the agreement to avoid disputes in cases when the insured claim falls due. The creditor's settlement procedure in cases when the insured claim falls due differs depending on whether the creditor requires that the real estate be sold immediately for the purpose of settlement or whether the proceedings were instigated so he would become the full owner of the real estate, in which case his claim would be considered fully settled.. The settlement procedure is always conducted through the notary public regardless of whether the insurance certificate is made up in the form of court minutes or as a notary public's certificate. Finally, the paper deals with the status of creditor and debtor following the institution of bankrupcy proceedings against the creditor or debtor in the case of fiduciary insurance. Attention is also drawn to problems in legal practice. For some of them a solution has been offered, while for others the problems encountered were discussed. We must make an effort to find a solution to these problems through the further application of the above institutes.
Ključne riječi
notary public's insurance of claims; voluntary insurance; law of lien
Hrčak ID:
45429
URI
Datum izdavanja:
21.12.2009.
Posjeta: 3.128 *