Why do we need a Notary?

From the viewpoint of the requirement for legalization by a Notary, documents can be divided into two categories: documents which must be legalized by a Notary (e.g. sales of vehicles and property), and such for which it is not mandatory (e.g. rental or lease contracts).

For the documents which must be legalized by a Notary according to the law, the answer to the question “Why do we need a Notary?” is quite simple – “Because it is mandatory.” Why is it mandatory? The reason for that, is the legal requirement for a preliminary inspection and control by a competent, independent, and impartial person when signing certain types of contracts, in order to ensure the security of the civic document turnover and to protect the interests of all parties involved. This is most important and relevant for those documents, for which legalization by a Notary is mandatory.

What are the benefits of a legalization by a Notary? What advantages does it give us?

- Verification of compliance with the legal requirements – When any document is legalized (a contract, for example), the Notary must verify the identity of all parties, their ability and right to enter and sign the deal, materialized in the document being signed, as well as to verify whether the contents of the document are not in contradiction with the law. By doing so, the risks of consecutive legal actions and expenses for legal and court fees are avoided.

- Verification of the rights and obligations of all parties – The Notary is under obligation to inform all parties clearly, precisely, and unequivocally of the rights and obligations, which they assume after signing the respective document. The Notary must be impartial and has no right to grant advantages to any one party over another.

- Power of Proof/Evidence – If a document is legalized (certified) by a Notary, until proven otherwise, it is assumed that it has been rightfully signed by the indicated parties, and on the date, indicated in the legalization.

- Executive Power – All contracts, legalized by a Notary have the so-called “executive power” regarding the obligations to transfer property and/or the payments of monetary funds, included in the respective contract. This means, that any party, which has fulfilled its obligations can obtain a court injunction against another party in default, following a simple procedure, without having to file suit and enter into prolonged court proceedings.