Notaries as Mediators in the Practice of Succession in Legal Terms
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Abstract
In today’s society law of succession, private ownership practice and economical activity freedom dominate, allowing the gathering of precious real complexes and giving them over to other generations, they are becoming more topical and are an issue more often. Considering this, in this research the author reveals mediation procedure application possibilities in the process of bringing those issues to a close: the application of mediation in advance inheritance planning and in the process of tackling inheritance problems that arise when a deviser dies.
The application of mediation in advance inheritance planning, with an eye towards the all privies agreement regarding the successor, making decision if there is one or several family members, also resolving how family members will act in succession, who will not become successors, prevents contention and its consequences.
One of the classic mediation application areas is the application of mediation while resolving issues among several successors, among successors and other family members and etc. that arise after the deviser’s death. The main reason for such contention that appears analogically in the process of mediation in advance inheritance planning is retrospective contention regarding inheritance, other family issues, as well as devisers not drawing a will.
Practical party contention regarding inheritance is also provided in the research. Resolving it with the help of mediation is not only the application of mediation in the succession legal contention surrounding it, but also the incorporation of mediation in the activities of notary, lawyer and judge are analysed. The research aims to prove that while comparing notaries to lawyers and judges, notaries are the ones whose legal profession makes them most qualified to resolve contention using mediation.
Considering this, the object of this research is notaries in the role of mediator in the practice of succession legal terms. Due to the limited volume of the chosen research, other contention types, where the notary can act as a mediator while resolving them, are not analysed in this article.
After having summed up the practical situation both diagrammatically and theoretically, it can be found that in comparing notaries with attorneys and judges, notaries are those members of the legal profession who are most qualified to resolve contention through mediation.
In order to reach the scholarly research aim, the following scientific research methods are used: logical, systematic, comparative, resumptive.
The application of mediation in advance inheritance planning, with an eye towards the all privies agreement regarding the successor, making decision if there is one or several family members, also resolving how family members will act in succession, who will not become successors, prevents contention and its consequences.
One of the classic mediation application areas is the application of mediation while resolving issues among several successors, among successors and other family members and etc. that arise after the deviser’s death. The main reason for such contention that appears analogically in the process of mediation in advance inheritance planning is retrospective contention regarding inheritance, other family issues, as well as devisers not drawing a will.
Practical party contention regarding inheritance is also provided in the research. Resolving it with the help of mediation is not only the application of mediation in the succession legal contention surrounding it, but also the incorporation of mediation in the activities of notary, lawyer and judge are analysed. The research aims to prove that while comparing notaries to lawyers and judges, notaries are the ones whose legal profession makes them most qualified to resolve contention using mediation.
Considering this, the object of this research is notaries in the role of mediator in the practice of succession legal terms. Due to the limited volume of the chosen research, other contention types, where the notary can act as a mediator while resolving them, are not analysed in this article.
After having summed up the practical situation both diagrammatically and theoretically, it can be found that in comparing notaries with attorneys and judges, notaries are those members of the legal profession who are most qualified to resolve contention through mediation.
In order to reach the scholarly research aim, the following scientific research methods are used: logical, systematic, comparative, resumptive.
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