Access to Justice Through Public Notary Service in the Republic of Serbia: How Can the Gender Perspective Move Things Forward?
摘要
In many European countries, public notaries are part of the judiciary system (judiciary in a functional sense) empowered by the state to issue authenticated documents and certify legal transactions. Bearing in mind the role of public notary service in ensuring effective access to justice and protecting the right to a trial within a reasonable time, comprehensive consideration of the gender perspective in the judiciary system must include gender equality issues related to the notary profession as well as notary services. In this regard, the paper will analyse the issue of equal opportunities for men and women to engage in the notary profession without discrimination based on sex/gender. Moreover, the authors will examine the data generated by empirical research on a sample of 100 legal professionals in the Republic of Serbia who used the notary public service, reviewing to what extent public notaries in practice contribute to the access to justice, legal certainty, and protection of the weaker party. Finally, special attention will be given to the legal position of married and cohabiting partners not registered as joint owners in real estate records. Exercising their advisory function, notaries are obliged to provide special protection to the weaker party. As a rule, women are the weaker party in the notary proceedings, which is why it is necessary to make notary services more gender responsive, particularly in the light of the sensitive position of those women, who are facing the risk of intersectional discrimination in real estate property transactions: there is no information in the public registers, either on their status as cohabiting partners or on their position as co-owners of a property.