Notaries in Bosnia and Herzegovina should be neutral, professional and efficient, and as such, provide legal security to those who turn to them. However, when these principles are accidentally or intentionally violated, there are often dire consequences, suggesting that unconditional trust in notaries public can come at a huge cost.
the earlier judgments and annulled the disputed contract and ordered the notary to compensate for the damage, which with interest amounts to nearly one million KM.
It has been proven that she did not read the contract
Thus, the Supreme Court states in its verdict that the lower courts found that the notary did not read the disputed mortgage contract at all.
Instead, on the last, sixth page of the contract, she stated that “the parties declare that they are familiar with the contents of this contract as well as the attachments and waive the right to have them read to them, so they approve the contract and sign it by hand”.
This is completely contrary to the Law on Notaries, which does not provide that the participants can exempt the notary from reading the contract. More precisely, notary Đukić referred to a provision that does not exist in the Act.
“The original must be read to the parties in the presence of a notary, with direct questions the notary is convinced that the content corresponds to the will of the parties, after which the parties must approve and sign the original with their own hands. In it, it must be stated before the signature of the parties that this was done“, the verdict reads.
The court states that the notary is obliged to provide compensation for the damage he caused to others by violating his official duty, which according to their assessment was established in this case.
Notary avoids payment
The lawyer of the injured parties, Sanela Gorčić, tells CAPITAL that the legal battle in this process continues, because Đukić, in fear of losing her property, began to transfer it to her closest relatives.
“As soon as the Supreme Court passed its verdict, the notary began to transfer the property to her daughters, so now I am trying to refute the decisions on the transfer of the real estate. I reported the case to the competent authorities“, she said.
Smiljka Đukić did not want to discuss this topic.
“I would not like to comment, it is now at the Constitutional Court, I believe that any statement could affect the further course. In any case, thank you for your interest“, she said briefly.
Alagić: He got the money, he just hides it from his wife
Marinko Tuka referred us to his lawyer, Damir Alagić, who claims that the verdict is strange, to say the least, because the defendant was awarded more money than they asked for.
He also claims that Tuka has already paid off Nazifović.
“We filed a criminal complaint, because Nazifović is trying to settle twice. We have witnesses that Tuka paid him the money for the house, only he didn’t tell his wife“, claims Alagić.
In the criminal report for fraud submitted to the Ministry of Internal Affairs of Central Bosnia Canton, it is claimed that Tuka gave Nazifović 130,000 KM for the house on several occasions and that Nazifović took money from the company’s market on that basis.
However, as can be seen in the application, there is not a single document from which this could be concluded, so it is mainly based on the statements of witnesses.
Nazifović did not want to talk to the CAPITAL journalist about these accusations.
We were also interested in the opinion of the Chamber of Notaries of the Federation of Bosnia and Herzegovina regarding this case, as well as whether they will initiate some kind of proceedings against Đukić and hold her accountable. Although they promised to answer our questions, they did not.