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The Notary Service - Justice Services

Open Access
|May 2017

Abstract

The aim of this study is to explore the role and the importance of the notary service in the process of dejudicialization of the judicial-civil protection. In this context, this paper first of all attempts to examine the extent to which the issues from the traditional competence of the court (usually non-litigious) have been transferred to notary publics and the possibilities of further extension of this transfer. The judicial framework for the transfer of these issues from the court competences to that of notary publics has been decided by the Law on Non-Litigious Procedure (2008). In supporting this law, the notary publics undertook the realization of a series of activities in this field, namely in the field of inheritance. In this respect, the idea of this paper was to try to identify other judicial issues that could perhaps be entrusted to the notary publics in the future, by carrying out a judicial-political assessment of the public interest to transfer the resolution of certain issues to notary publics′ competences with the aim of facilitating the judicial circulation and increasing judicial security.

Language: English
Page range: 135 - 147
Published on: May 11, 2017
Published by: South East European University
In partnership with: Paradigm Publishing Services
Publication frequency: 2 issues per year
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© 2017 Emine Zendeli, Arta Selmani-Bakiu, published by South East European University
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.