THE PARTS OF NOTARIAL ACT AND THE TEHNIQUE OF THEIR DRAFTING

Irma BAJRAMI

Abstract

Since the independence of the Republic of North Macedonia in 1991, arose the need for the legal circulation of goods and services. In order to facilitate legal transactions due to their diversity, in 1996, for the first time, we brought the relevant law for notaries. They operate within different branches based on the law. Public power was entrusted to them since November 1997, in which case in 1998 we also have the appearance of the first notaries. The notary is established as an independent, independent service in which works of the type of public authorizations are carried out on the basis of the law at the request of citizens, state bodies, legal entities and other interested institutions, which positively affected the comprehensive functioning of legal system, and especially influenced the establishment and increase of legal security. In the framework of public authorizations, the most important is the drafting of the Notarial Act. It includes a document on which the opinion of a person is expressed in writing, regardless of the material with which it is written or on which it is expressed and the type of signs with which they are written. The notarial act is an act which, in a strictly defined form and procedure, is drawn up in its entirety by a notary within his official powers. Therefore, this type of notarial act, in addition to the official one, also has the material authenticity of a public document (the so-called full probative value of a public document), because it confirms the content of the legal transaction. This achieves a higher degree of legal certainty in legal transactions, regulates public registers, etc. The emphasis of his work is on the objective by advising the parties and trying to ensure the prescribed requirements of the form. Compliance with the rules for the form and content of the notarial act as well as the drafting procedure of this act provides a good guarantee that the legal work will be valid and that the parties will achieve the intended legal consequences. The contribution of legal certainty is the legislator's commitment to a notarial act that is considered a public document, which in certain cases can also be an executive document.

Pages: 162 - 169