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Anali Pravnog fakulteta u Beogradu
2009, vol. 57, br. 3, str. 183-201
jezik rada: srpski
vrsta rada: članak

Notary public as the public auction clerk in Greek law: Notary-related nullities in public auctions of immovable property
(naslov ne postoji na srpskom)
Aristotle University of Thessaloniki Law Faculty, Greece

Sažetak

(ne postoji na srpskom)
According to Greek law, notaries public are unsalaried public functionaries (not civil servants) and their function is governed by the Code of Notaries currently in force (Law 2830/2000; before that, it was governed by the provisions of Laws 670/1977, 1333/1973, and even earlier, by the Law on Courts and Notary Public Offices of 1835). As a result of the above characteristic (unsalaried public functionaries), notaries public are not subject to hierarchical official dependence but only to inspection by the locally competent Prosecution Authority at First Instance (Art. 41 Code of Notaries; nevertheless, prosecutors are not vested with the authority to give binding instructions to notaries public, while their written opinions are only of a consultative character). Notaries public are appointed by decree of the Minister of Justice, published in the Government Gazette (art. 26 Code of Notaries), after having succeeded in the relevant panhellenic competition for the filling of vacant notary public posts, that is conducted annually at the district of local Courts of Appeal during March (Art. 25 Code of Notaries). To become a notary public, one must meet the following eligibility criteria a) has attained at least the age of twenty eight years and has not exceeded the age of forty two (art. 21 § 1 Code of Notaries), b) is a Greek national c) holds a Degree in Law by a Faculty of Law of a domestic university (or of foreign university, after equivalence of degree having been recognized), d) has been or was a lawyer or a judicial functionary (of any branch or degree) or an unsalaried registrar of mortgages or a notary public that resigned from office (art. 20 Code of Notaries). Notaries public hold a permanent position and must retire from office upon attainment of the age of seventy years (art. 33 Code of Notaries). They enjoy personal guarantees equivalent to those provided to judicial functionaries by the Greek Constitution (art. 92 §4 Constitution). Their disciplinary law is governed by articles 42-95 of the Code of Notaries, whereas their civil liability is sought by the remedy of the action for mistrial (art. 73 § 1 of the Law introducing the Civil Code). Finally, notaries public are compulsorily organized in Notaries' Associations formed according to the districts of local Courts of Appeal (art. 97 § 1 Code of Notaries); these associations are legal entities governed by public law and are supervised by the Ministry of Justice (art. 98 Code of Notaries).

Ključne reči

notary public; public auction; nullities; the element of harm; enforcement acts in stages

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