THE ROLE OF PUBLIC NOTARY IN THE FIELD OF POSSESSORY LIEN ON REAL ESTATE

Abstract

Public notary is an important institute of modern law, therefore it is indispensable that the Republic of Serbia should adopt a Law on Public Notary Service. As regards the role of the public notary in the field of possessory lien on real estate it is necessary that the position and the authority of public notary should be clearly defined. The Republic of Serbia adopted a special Mortgade Law, thus “reviving” the concept of mortgage, and providing guarantees of an efficient collection of mortgage debts. It is our belief, however, that after the changes that occured in the social and economic spheres in the Republic of Serbia, a general review of entire property law relations should be conducted, in terms of adopting a new law on the bases of right of ownership relations and simultaneously reconciling other legislation related to legal proceedings.