Notarial form ad solemnitatem in Montenegrin law

Abstract

The paper considers the notarial form of legal transactions in Montenegrin law. Notarial legal transactions constitute a novelty within a legal system of Montenegro. Notaries started their work only five years ago. The author hereto pays special attention to the significance and functions of notarial form. The law provides for a notarial form as a prerequisite of validity of a number of the most significant contracts in the area of inheritance, family and obligations law. The author has analysed regulations pertaining to notary activities when making legal transactions in a form of notarial deed and specified that a constitutive form of certain legal transactions has given positive results in practice. Legal certainty has increased, especially in legal transactions pertaining to real estate. By impartial instructions to the parties, a notary makes sure the contracts constitute a result of true will of the parties engaged, that parties understand the legal consequences of undertaken transaction, that valid transactions are concluded and that conduct of court cases is avoided. If these contracts are not concluded in the form of notarial deed, they will not be legally effective. Notarial deed on any legal transaction shall acquire the status of public document and under certain conditions it may also obtain the status of executive title. The probative force of a legal transaction shall thus be increased in general and shall provide the execution without the participation of the court.