Notarski obrađena isprava u parničnom postupku (sudska praksa i rasterećenje sudova)
Notarized document in civil proceedings (court practice and court relieving)

Author(s): Slavica Čurić
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Public Law
Published by: Fondacija Centar za javno pravo
Keywords: Public law; civil law; constitution; document; civil proceedings; court; practices; notary service; BiH;
Summary/Abstract: It could be noted that there is a clear need to develop notary services as a public service, and that such development is justified. However, by implementing the standards of the European Union in the area of reforms, the public authorities passed a Law on Notaries but did not follow all the problems in process of implementation of these laws. It is very important to harmonize the laws on notaries with other substantive and procedural regulations regulating areas which allow lawyers mandate or competence, and in this moment, in terms of the treaty, it was done by the Law of Real Property in the Federation of Bosnia and Herzegovina, which cannot be applied to already started proceeding. In Republika Srpska it would be desirable to amend the Law on real Property and amend the Law on Notaries. Furthermore, it is necessary to harmonize the Law on Notaries with the Law on Obligations in the part which gives ability to dispute the treaty. In the Federation of Bosnia and Herzegovina as well as in Brčko District of Bosnia and Herzegovina it is necessary to amend the laws on inheritance or to pass a new one. Due to the existence of different regulations in the same area in one country, there is a possibility to break the right on equality. Therefore, the harmonization of regulations in the area which are under the jurisdiction of notary services is especially important.

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