1. REVIEW OF THE INHERITANCE MEASURE IN THE NOTARY. DIFFERENCES BETWEEN THEORY AND ITS PRACTICE IN PRACTICE: THE CASE OF NORTH MACEDONIA.
- Author
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Neziri, Lindita
- Subjects
COMPUTERS ,DIGITAL technology ,COMPARATIVE studies - Abstract
The institution of inheritance is an old, very important institution that has continuous and frequent application in daily practice. It is the only institution that enables the transfer of property rights and obligations from the deceased to other persons. The procedure for reviewing the inherited property is an uncontested procedure and as such it is regulated by the Law on Uncontested Procedure of 2008. Northern Macedonia followed European standards by transferring non-contentious jurisprudence cases from the courts to notaries. The notary as a "trustee" of the court takes action and decides in accordance with the provisions of the Law on Uncontested Procedure and the Law on Inheritance. The notary directs and examines the inherited property only when there is no dispute over the facts or the application of the inheritance right. In the competence of notaries, among others, are the compilation of legal affairs from property inheritance issues such as legal wills, drafting of the contract for permanent maintenance, the contract for division of property, the contract for donation, etc. This study analyzes the role of the notary in the examination of inherited property, identifies the differences between the theory and its application in practice, and highlights the legal gaps that enable non-realization of inheritance law by a certain category of citizens with vulnerable positions, such as married girls of the testator, extramarital minors, etc. This study provides arguments for the introduction of the family register and further electronic digitization as a step towards the approximation of Macedonian inheritance legislation with European legislation. The positive Macedonian legislation does not provide for a public document that summarizes all personal data in one place for parents and for each child (married or illegitimate), which would facilitate the work of the notary, speed up legal circulation and increase legal certainty in property-inheritance legal relations. This paper has a theoretical-empirical approach, using these methods: descriptive-comparative, analysis of positive inheritance legislation, and surveys with notaries operating in the Republic of Northern Macedonia. This study emphasizes the need for legal reforms in the inheritance scheme, as well as giving modest suggestions regarding the measures to be taken in order to improve the legal framework and drafting new policies. [ABSTRACT FROM AUTHOR]
- Published
- 2022