Notarska forma i ugovori u nasljednom pravu
Notary form contracts which will have effect within the inheritance law

Summary/Abstract: By introducing the Notary Law in the legal framework of Montenegro, the notary form has been imposed as a mandatory condition for contract validity which will have inheritance effect (Contract for passing and distribution of the property amongst spouse and lineal descendants, Contract for life-long maintenance). All above comes from the fact that these specific contracts create complex relations and their conclusion can have tremendous consequences for contractual parties. The goal was to provide a high degree of legal protection for the parties in the national legislation. Subject of this work was regulation of contracts arising from inheritance law, participation of Notary in creating such regulations and regulation of Montenegrin legislator. Montenegrin legislator regulated these issues within the Law of Obligation and Law on Notaries in a way that some provisions which address the same issue regarding the notary form are different. All of this is unacceptable, having in mind the legal and political goal of the notary form as a mandatory condition for the validity of the contract and also renouncement of the consensually principle. More precisely, Montenegrin legislator made more complex the already specific contracts which have effect within the inheritance law.

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