УДК 341.961.4
Библид: 1451-3188, 15 (2016)
Vol. 16, No 55, стр. 124-142

Изворни научни рад
Примљено: 01 Jan 1970
Прихваћено: 01 Jan 1970


Trgovčević Prokić Milena (Правни факултет Универзитета Унион, Први основни суд, Београд), milenaprok@gmail.com

The notary public performs an independent and autonomous public service, he is an independent trustee of the parties and his contribution in the preparation of documents confirms their authenticity and content. The executive notary public document is equated with the court decision and here is where the functions of court and notary public are combined. The best evidence that the notary performs indeed a public service is the implementation of the public notary records and issuing of the title by a notary. The domestic law accepted the concept of the Latin organizational type of the notary and predicted that under certain conditions notary public documents have executive force. In the Latin notary system, legal transactions that have a basis for security contracts may be concluded in the form of notary documents. These are contracts for the pledge of security claims on the immovable and movable assets. With these contracts, customers can have the power of execution. In this case, the notary documents shall have the status of an executive document, and in the case of failure to fulfill contractual obligations within the time allocated by the contract, then the feature of execution shall be reached, so forced execution for settling secured claims can be demanded. It is characteristic of the newly created states of former Yugoslavia that the form of the executive notary public document replaces the court agreement and facilitates the realization of creditor\'s rights.

Кључне речи: notary public, executive notary public documents, collaterals, mortgage, public executor, the execution procedure