POSTUPAK SAČINjAVANjA JAVNOBELEŽNIČKOG ZAPISA

Abstract

The form of notarized record is one of the legally prescribed obligatory forms for concluding certain legal transactions and as such it has become more and more present in modern legal transactions, at the same time calling into question the prevailing principle of consensualism in contract law. Having in mind the fact that, through formalism, legal transactions has been slowed down, and at the same time the freedom of contracting and autonomy of will of participants in legal transactions are additionally (formally) restricted, the question due to the justification of obligatory notarial form for the most important legal affairs arises. This issue can be considered through the functions that are performed by the implementation of the notarial procedure, as well as through the legal purpose to which realisation the rules for conducting the notarial procedure contributes.