ПРИЗНАЊЕ НОТАРСКОГ ЗАПИСА
ACKNOWLEDGEMENT BEFORE THE NOTARY PUBLIC

Summary/Abstract: In the course of performing a notarial act (Notariatsakt), notary public should inform a party of the contents of the document he has drawn up for them, so that the party may approve of the document and sign it. This phase of the notarial proceedings, which includes presentation of the document to the party, her acceptance and signing thereof, may be described as the acknowledgment (Rekognition) of the notarial writing by the party before the notary public. Regrettably, the new Serbian Law on Notary Public (2011) does not regulate the aforesaid acknowledgment comprehensively, as it lacks specific provisions relating to the manner in which the party could get acquainted with the contents of the document prepared by the notary, and in which she may approve of it. The author recognizes this deficit as a legal gap or lacuna, sees it as an impediment to the preventive function of the notaries public, and considers the ways of filling it. On the basis of Article 76 of the Law on Notary Public, and the mutatis mutandis application of the existing rules of non-contentious proceedings, the author concludes that the stage of acknowledgement of the document prepared by the notary public occurs at a single time and place (unitas actus), in a manner that the notary reads the content of the deed to the party from the original document, the party affirms that her will was truthfully presented, and puts her signature to the notarial act.

• Details
• Contents