09. Mar 2020

The National Parliament of the Republic of Serbia has adopted the amendments and additions of the Law on Contracts and Torts (hereinafter: the LCT), which will start to apply from 11 March, 2020.

The amendments and additions relate to the form of certification of the consent of third parties and the power of attorney for the conclusion of the contract, which has the form of a publicly certified (solemnized) document or notary record. Namely, the said consent and power of attorney are certified in the form of certification of signatures (instead of the previous legal solution that stipulated that these documents must be certified in the same form envisaged for certification of contracts). Therefore, the above amendments “mitigated” the form of certification that existed for the aforementioned documents.

Also, the LCT stipulated the provision which regulates the nullity of the contract on the sale of immovable property in case it does not fulfil the form prescribed by the law governing the sale of immovable property. Thus, the practise that had existed since the adoption of the Law on Transaction of Immovable property was in fact formally regulated (“Official Gazette of the RS“, no. 93/2014, 121/2014 and 6/2015), which is that the contract on sale of immovable property must be concluded in the form of a document certified (solemnized) by the notary public.