THE TRANSFER OF NON-CONTENTIOUS CASES TO NOTARIES IN THE REPUBLIC OF NORTH MACEDONIA - TRUSTEES OF THE COURT

As the Republic of Macedonia declared its independence, the Act on Notaries came into force, and a rapid flow of goods and services was established. In this case, some of the non-contentious cases needed to be transferred to notary services. On September 16, 1986, the Committee of Ministers of the Council of Europe approved the Recommendation regarding the measures to reduce the overload of the courts, especially from cases that are not included in the typical judicial function. An effective solution was considered that non-contentious matters can be solved by transferring some powers from the courts to bodies outside the judicial system. With the transfer, the so-called non-judicial process would be carried out. This process usually begins with the notaries' trust in the verification process, and then with the procedure of removing the ability to act, removing parental rights, consensual divorce, the regulation of relations between co-owners, the dissolution of co-ownership, the regulation of boundaries, etc. This transfer would be justified in the matter of regulating property relations that are regulated by dispositive norms, rather than highlighting the public interest. Mainly, it would be presented as a means of regulating inter partes relations. In this case, it is important to note that transposing judicial duties to notarial ones in the uncontentious status procedure needs to be avoided, especially when the transaction is not mainly dispositive.