SPECIAL LEGAL CAPACITY OF LAWYERS: LAWYER, NOTARY AND EXECUTOR

The research object of this paper is the special legal capacity of lawyers, specifically, the special legal capacity for the performance of advocacy activities, regulated by the Law of Advocacy, the special legal capacity for providing notarial services, according to the Law on notaries, and the special legal capacity of the executors, according to the Law on Enforcement. Full legal capacity is the abstract possibility of physical and legal persons to be the provider of rights and obligations. All physical persons have full legal capacity, however, some physical persons, because they fulfill special properties, acquire special legal capacity. The research in this paper has two mail purposes. The first intention is to analyze two assumptions necessary for achieving the special legal skills: 1. professional technical conditions requirements that must be completed by the natural person to operate the professional activities and 2. providing the authorization by the government. The second goal is to show the specifics of the three types of professional activities, notion, acquire, cease and termination. The project will analyze more closely the termination of the special legal capacity because of the loss of one from the two-expectations necessary for its acquisition (obtaining a lawyer's license, terminating the notary or the executor).

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Publication Details

Journal
Justicia
Published
2024-10-02
DOI
https://doi.org/10.62792/ut.jus.v12.i21-22.p2774
Primary Topic
Legal Studies and Reforms
Type
article
Field-Weighted Citation Impact
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article

SPECIAL LEGAL CAPACITY OF LAWYERS: LAWYER, NOTARY AND EXECUTOR

Shkurte KADRI
Justicia
Legal Studies and Reforms
article

SPECIAL LEGAL CAPACITY OF LAWYERS: LAWYER, NOTARY AND EXECUTOR

Shkurte KADRI
article en

Abstract

The research object of this paper is the special legal capacity of lawyers, specifically, the special legal capacity for the performance of advocacy activities, regulated by the Law of Advocacy, the special legal capacity for providing notarial services, according to the Law on notaries, and the special legal capacity of the executors, according to the Law on Enforcement. Full legal capacity is the abstract possibility of physical and legal persons to be the provider of rights and obligations. All physical persons have full legal capacity, however, some physical persons, because they fulfill special properties, acquire special legal capacity. The research in this paper has two mail purposes. The first intention is to analyze two assumptions necessary for achieving the special legal skills: 1. professional technical conditions requirements that must be completed by the natural person to operate the professional activities and 2. providing the authorization by the government. The second goal is to show the specifics of the three types of professional activities, notion, acquire, cease and termination. The project will analyze more closely the termination of the special legal capacity because of the loss of one from the two-expectations necessary for its acquisition (obtaining a lawyer's license, terminating the notary or the executor).

JusticiaVol. 12(21-22)
Peace, Justice and strong institutions
Openalex Percentile: Top 73%
Legal Studies and Reforms
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