The Problem of Enforcement of Notarial Acts (Comparative Analysis)

Abstract

This paper explores the legal nature and enforcement of notarial acts, along with the challenges arising particularly in an international context. The aim of the research is to conduct a comprehensive analysis of the enforcement of notarial acts, to compare various legal systems, and to offer the author’s recommendations for resolving existing issues.

The study focuses on legal doctrine, the role of the notary, the significance of notarial acts, and mechanisms for their enforcement. The author examines issues related to the recognition and enforcement of enforceable notarial acts, especially within the framework of the Minsk Convention.

Structurally, the article is divided into the following sections:

- The legal nature and importance of notarial acts – addressing the role of the notary, the concept of a notarial act, and enforcement mechanisms;
- Comparative analysis of enforcement of notarial acts – examining the practices of Spain, the Netherlands, Germany, Ukraine, Croatia, and Hungary;
- Issues related to the enforcement of notarial acts issued abroad within Georgia – reviewing the legal basis of the Minsk Convention, judicial practice in Georgia, and specific case examples.

The research applies criminological methodology, including documentary analysis, comparative legal methods, historical-legal approaches, and systemic analysis.

In its concluding section, the paper provides the author’s own recommendations aimed at improving the enforcement practice of notarial acts. The article offers significant support to both theoretical and practical legal fields in national and international contexts.