Dostignuća notarijata u Hrvatskoj (rasterećenje sudova u ostavinskim, registarskim i ovršnim postupcima)
Achievements of Notaries in Croatia (Relieving the Courts in Legacy, Registrar and enforcement proceedings)

Author(s): Rankica Benc
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Public Law
Published by: Fondacija Centar za javno pravo
Keywords: Public law; civil law; notary; Republic of Croatia; achievements; evaluation;
Summary/Abstract: Croatian notaries in civil law disburdened courts according the gradual enlargement of their competencies. During past 18 years, since this legal profession was reintroduced in Croatian legal system, notaries get the competency in inheritance procedures and enforcement law, especially in ordering the payment and enforcement based on the credible documents. Courts are disburdened indirectly too, through preventive legal function of notarial instruments. Inheritance procedures are accelerated; legal remedies and disputes among heirs are rare. Ordering the payment and enforcement based on the credible documents should be improved by implementation of IT. That would accelerate and standardize the procedure, and ensure the independent position of the notary who acts here as a judge sui generis. Notaries are important part of the court’s registry system; notarial documents are base for the most of entries and notaries do the primary control of applications. Here started the use of notarial e- signature and advanced e-communication between notary and court. The widespread net of notaries enables easier access to procedures in their range of competence for the citizens.

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