REVIEW OF THE INHERITANCE MEASURE IN THE NOTARY. DIFFERENCES BETWEEN THEORY AND ITS PRACTICE IN PRACTICE: THE CASE OF NORTH MACEDONIA
Keywords:
Notary, inheritance measure, Northern Macedonia, legal and procedural reformAbstract
The institution of inheritance is an old, very important institution that has continuous and frequent
application in daily practice. It is the only institution that enables the transfer of property rights and obligations from
the deceased to other persons. The procedure for reviewing the inherited property is an uncontested procedure and as
such it is regulated by the Law on Uncontested Procedure of 2008.
Northern Macedonia followed European standards by transferring non-contentious jurisprudence cases from the
courts to notaries. The notary as a "trustee" of the court takes action and decides in accordance with the provisions
of the Law on Uncontested Procedure and the Law on Inheritance. The notary directs and examines the inherited
property only when there is no dispute over the facts or the application of the inheritance right. In the competence of
notaries, among others, are the compilation of legal affairs from property inheritance issues such as legal wills,
drafting of the contract for permanent maintenance, the contract for division of property, the contract for donation,
etc.
This study analyzes the role of the notary in the examination of inherited property, identifies the differences between
the theory and its application in practice, and highlights the legal gaps that enable non-realization of inheritance law
by a certain category of citizens with vulnerable positions, such as married girls of the testator, extramarital minors,
etc.
This study provides arguments for the introduction of the family register and further electronic digitization as a step
towards the approximation of Macedonian inheritance legislation with European legislation. The positive
Macedonian legislation does not provide for a public document that summarizes all personal data in one place for
parents and for each child (married or illegitimate), which would facilitate the work of the notary, speed up legal
circulation and increase legal certainty in property-inheritance legal relations.
This paper has a theoretical-empirical approach, using these methods: descriptive-comparative, analysis of positive
inheritance legislation, and surveys with notaries operating in the Republic of Northern Macedonia. This study
emphasizes the need for legal reforms in the inheritance scheme, as well as giving modest suggestions regarding the
measures to be taken in order to improve the legal framework and drafting new policies.
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