KONVALIDACIJA UGOVORA O KUPOPRODAJI NEPOKRETNOSTI U PRAVNOM SISTEMU REPUBLIKE SRPSKE
CONVALIDATION OF THE REAL PROPERTY CONTRACT IN THE LEGAL SYSTEM OF THE REPUBLIC OF SRPSKA

Summary/Abstract: Searching for the answer to a question of the form of a contract inevitably raises the question of the existance i.e. validity of the contract. In the legislation of the Republic of Srpska, in the field of transfer of real property, there are the Transfer of Real Property Act and the Notaries’ Act. The question of authority is resolved with the help of a temporal criterium - depending on the moment of drawing such a contract. Thus, the Real Property Act is applied on the contracts entered into until 11 March 2008, and for all contracts drawn afterwards, the Notaries’ Act is a competent source of law. According to the Real Property Act, enforcement of a contract in full or in part, i.e. signatures of authorised witnesses cover the shortages of a required form thus enabling convalidation, and the Notaries’ Act determines that additional validation of a real property contract entered into after 11 March 2008 is absolutely excluded. The only legal consequence for disrespect of a notary form is invalidity, without the possibility of convalidation. Such specific legal treatment of the real estate property form, in the law of the Republic of Srpska, is justified with the fact that the subject of this contract is, as a rule, the trade in things of higher value, and the fact that the imperative of a social community is, in the matter of trade in legitimate assets and in the preventive phase, to protect public interest. These are the grounds for ratio legis of the notary form of the real property contract, whose primary purpose is to regulate legal relations in such way as to avoid disputes and guarantee legal certainty for both, contracting parties and third parties.

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