POSTUPAK NOTARSKE OBRADE ISPRAVA U PRAVNOM SISTEMU BOSNE I HERCEGOVINE - DE LEGE LATA I DE LEGE FERENDA
NOTARIAL AUTHENTICATION PROCESS IN THE LEGAL SYSTEM OF BOSNIA AND HERZEGOVINA - LEX LATA AND LEX FERENDA

Summary/Abstract: Notarial authentication, as one of the most important professional activities of the notary leads to the strengthening of legal certainty, protection of public interest and relief of justice authorities, which is the fundamental goal by introducing notary office into the legal system of Bosnia and Herzegovina. In this context, the importance of notarial authentication in the legal system of B&H is indicated in the paper, and for this purpose the characteristics, parties as well as the course of the notarial procedure are presented. Detailed analysis of legislative in the domain of Notarial law in B&H certain omissions are pointed out, which primarily reflect in the deficiency of regulation concerning the notarial activities in case of impediment or suspicion of parties’ legal capacity, lack of witness classification in regards to their function in the process of notarization, as well as deficiency of legal remedy before the notary. Furthermore, proposals for legislative improvements are presented adding practical significance to the paper.

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