Preventive Function of Notary's Office in the Transfer of Property

In the transfer of property, the participation of notary public as a bearer of public authority and an unbiased advisor to the parties is indispensable and of utmost importance. With his legal knowledge and statutory functions, in particular with his function of unbiased legal advising in the conclusion of property transactions, the notary public is an important safeguard preventing numerous disputes and ensuring preventive management of proprietary relations (preventive function). Positive law, especially the Notary Act (hereinafter: NA), namely provides for detailed checking and advising of property transactions by notary public, thus contributing to strengthening of legal security in legal transactions. In practice, notaries public are drafters of real agreements transferring title to property that can be either in the form of notarial records or private documents. The second important area they are dealing with in the transfer of property are notarizations of handwritten signatures on land registry permissions in contracts for the transfer of property. In Slovenia, these are in exclusive competence of notaries public.