Civil Law Notaries in Bosnia and Herzegovina: Actors in Preventive Justice

Civil Law Notaries in Bosnia and Herzegovina: Actors in Preventive Justice

Bakšić, Šukrija
Oruč, Esad

Civil law notaries are professional lawyers and public officials appointed by the State to confer authenticity on legal deeds and contracts contained in documents drafted by them and to advise persons who call upon their services. Institution of the notary was introduced for the first time in the legal system of Bosnia and Herzegovina in 2007. Introduction of the office of notary was one of the steps taken to ensure independent and impartial judiciary and to adapt legal system with European Union law. Before its introducing there was no institution or legal profession which acted impartially on behalf of all parties to a contract or transaction. Notarial services are very wide and complex. It encompasses all judicial activities in noncontentious matters, ensure legal certainty to clients, thus averting disputes and litigation. As a guarantor of legal certainty, notary is one of the most important actors of preventive justice which include all means of reducing resort to the courts for the settlement of controversies. In this study we analyzed contribution of notary office to preventive justice in Bosnia and Herzegovina. Keywords: civil law notary, preventive justice, legal certainty, realising justice, avoiding disputes

Conference or Workshop Item
PeerReviewed

2012-05-31

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