Abstract

This article discusses the possibility of refusing to perform a notarial act and submitting to enforcement regarding the obligation to pay child support. Art. 777 § 1.4 of the Code of Civil Procedure does not provide for any restrictions as to the events that may be the source of the enforced obligation. A notarial enforcement order may therefore concern child support and is very useful in this respect. If the expectations presented to the notary regarding the provisions of the notarial deed in which the debtor submits to enforcement, as well as the accompanying documents indicate that there is an attempt to create an illegal act, then the notary should refuse to perform the notarial act. However, the notary cannot refuse to perform the activities requested by the parties, except in cases strictly defined in law. Due to the principle of freedom of contract, protection of children’s rights and impossibility make research, the notary is not authorized to assess the act of submitting to enforcement in terms of the principles of social coexistence or circumvention of the law, e.g. in the context of the amount of child support agreed in the settlement. Since in Art. 81 of the Notaries Act, the legislator limited the notary’s right to refuse only in case of illegality; it is not possible for the notary to exceed the scope of statutory powers granted to him. Only court proceedings for granting an enforcement order can be used to control excessive child support payments. It is the result of the proceedings for granting an enforcement clause that determines the possibility of initiating and conducting enforcement, which is an important element of legal protection.