Solemnization: how is solemnization carried out?

Solemnization is the procedure by which a notary certifies a document. It ensures its legal validity and legal effects. This procedure is prescribed by the Notary Public Act. It plays a key role in ensuring legal certainty, especially in contractual relations. Solemnized documents have the force of public documents if the essential formalities prescribed by that law are fulfilled when they are drawn up and issued.

Solemnization of a contract

In the Croatian legislative framework, solemnization guarantees that contracts are drafted in accordance with legal norms and that the parties are fully aware of their rights and obligations.

Any contract can be solemnized. It is especially important for contracts for which the law explicitly requires this procedure, such as a loan agreement, a lifelong or lifelong maintenance agreement, a contract for the donation of things without handing over possession, etc.

In addition to these contracts, compulsory solemnization is prescribed for contracts that dispose of the property of minors or persons with reduced legal capacity.

Consequences of non-compliance with the mandatory form

If the contract is not solemnized, and the law prescribes a mandatory form of solemnization, such a contract has no legal effect.

This follows from the provision of Article 290, paragraph 1 of the Act. of the Civil Obligations Act:

‘(1) A contract which has not been concluded in the prescribed form shall have no legal effect, unless otherwise follows from the purpose of the legislation determining the form.’

This legal provision emphasizes the importance of complying with formal requirements when concluding contracts, especially when it comes to legal transactions that require additional protection of the parties and legal certainty.

Solemnization as a protection mechanism for parties

In addition to providing legal certainty, solemnisation also serves as a protection mechanism for the parties. A notary public is obliged, before reading the contract, to warn of possible ambiguities and legal consequences, which reduces the risk of future disputes and ensures clarity of contractual relations.

With this procedure, the contract acquires the force of a notarial act, which provides it with greater legal certainty and enables direct enforceability if it contains a statement by the debtor that on the basis of this act a forced enforcement can be carried out in order to achieve due performance, after the obligation has matured, unlike contracts on which only the veracity of the signature is certified.

Procedure for solemnization of contracts

The solemnization of the contract takes place through the following steps:

• Warning: the notary informs the parties of the legal consequences of signing the contract,
• Interpretation: explains all contractual provisions to ensure that the content is understood,
• Initialling: the parties initial each page of the contract,
• Signing: the last page of the contract is signed.

A solemnized contract is most easily identified by the hyphens that fill in all the gaps in the contract and initials on each page.

The price of solemnization

The procedure of solemnization of a document by a notary public is more expensive than the certification of the authenticity of the signature.

According to Article 12. Ordinance on the Temporary Notarial Tariff, the price of solemnization of the contract depends on the value of the subject of the official act. A notary public is entitled to a fee according to the following values:

If the value of the subject of the official act exceeds the amount of EUR 53,089.12, the notary public is entitled, in addition to the fee of 255 points, to an additional fee of 5 points for each commenced EUR 6,636.14 in the part in which the value of the subject of the official act exceeds the amount of EUR 53,089.12, but in no case more than 4,000.00 points.

Article 40. of the Ordinance on the Temporary Notarial Tariff, the value of the point is determined in the amount of 2 euros.

Conclusion

Therefore, solemnization is a key legal procedure that ensures the validity of individual contracts, but always greater legal certainty for the parties. It is mandatory for certain contracts, and failure to comply with it may result in the nullity of the contract. Upon solemnization, the contract acquires the force of a notarial act and can be directly enforceable. Although more expensive than signature certification, solemnization provides additional protection and reduces legal risks.

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