Uloga i značaj latinskog tipa notarijata u oblasti stvarnih prava u Bosni i Hercegovini
The role and importance of the Latin type of notaries in the field of property rights in Bosnia and Herzegovina

Author(s): Merdžana Škaljić
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Public Law
Published by: Fondacija Centar za javno pravo
Keywords: Public law; civil law; constitution; notary; latin type; jurisdiction; role; importance; mortgage; property rights; BiH; RS; law on notaries;
Summary/Abstract: In Bosnia and Herzegovina there is a need to develop notary services as public services. However, public authorities, by implementing standards of the European Union in the area of reforms, passed the Law on Notaries, but did not follow all the problems of the application of these laws. If the intention of the legislator was to extend the jurisdiction of the notary office on certain court's responsibilities, especially in the area of preparation and verification of contracts as legal affairs based on which the title to real estate is to be transferred, as well as agreement on lifelong care, notary probate etc., it was necessary to amend the Law on Notaries provision of these jurisdictions, as well as the nature of such documents (private of public, in whole or in part, legal protection, etc.). Since that was not done, there is a multitude of interpretations as well as conflicts of laws in the application of the law. Therefore, it is necessary to amend the laws on notaries by specific provisions in relation to contracts. It is very important to harmonize the laws on notaries with other substantive and procedural acts regulating areas that give notaries authority or jurisdiction. Concerning contracts, it was done by the Law of Property Rights in the Federation of Bosnia and Herzegovina that cannot be applied to the already started procedures, and in Republika Srpska it would be desirable to amend the Law on Property Rights but also to amend the Law on Notaries.

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