The Notary Service - Justice Services

Abstract

The aim of this study is to explore the role and the importance of the notary service in the process of dejudicialization of the judicial-civil protection. In this context, this paper first of all attempts to examine the extent to which the issues from the traditional competence of the court (usually non-litigious) have been transferred to notary publics and the possibilities of further extension of this transfer. The judicial framework for the transfer of these issues from the court competences to that of notary publics has been decided by the Law on Non-Litigious Procedure (2008). In supporting this law, the notary publics undertook the realization of a series of activities in this field, namely in the field of inheritance. In this respect, the idea of this paper was to try to identify other judicial issues that could perhaps be entrusted to the notary publics in the future, by carrying out a judicial-political assessment of the public interest to transfer the resolution of certain issues to notary publics′ competences with the aim of facilitating the judicial circulation and increasing judicial security.

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Abstract:
The aim of this study is to explore the role and the importance of the notary
service in the process of dejudicialization of the judicial-civil protection. In
this context, this paper rst of all attempts to examine the extent to which the
issues from the traditional competence of the court (usually non-litigious) have
been transferred to notary publics and the possibilities of further extension of
this transfer. The judicial framework for the transfer of these issues from the
court competences to that of notary publics has been decided by the Law on
Non-Litigious Procedure (2008). In supporting this law, the notary publics
undertook the realization of a series of activities in this eld, namely in the
eld of inheritance. In this respect, the idea of this paper was to try to identify
other judicial issues that could perhaps be entrusted to the notary publics in
the future, by carrying out a judicial-political assessment of the public interest
to transfer the resolution of certain issues to notary publics’ competences with
the aim of facilitating the judicial circulation and increasing judicial security.
Keywords: notary public, notary service, non-litigious procedure,
dejudicialization
THE NOTARY SERVICE - JUSTICE SERVICES
Emine Zendeli
South East European University, Faculty of Law, e.zendeli@seeu.edu.mk
Arta Selmani-Bakiu
South East European University, Faculty of Law, arta.selmani@seeu.edu.mk
DOI: 10.1515/seeur-2017-0010
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Introduction
The notary public activity and notary service are important categories of
the modern judicial circulation. This public service is exercised by notary
publics, who appear as autonomous and independent holders of the notary
service within the judicial system of a country.
The profession of notary publics is an old profession of a jurist, and it dates
back to Roman law, namely the third century A.D., when the public servant,
known as tabellio, appeared for the rst time. He used to compile written
documents in a certain form, through which he veried the agreements and
statements of Roman citizens, which were used for the realization of judicial
circulation (Tanaskovic 2003, p. 37).
Since then, through the medieval age, the role of notary publics in European
countries and other places in the world has developed permanently.
Within the boundaries of the Kingdom of Yugoslavia, the category of the
notary public was for the rst time acknowledged with the Law on Notary
(1930). After the collapse of the judicial-constitutional system of the then
Kingdom of Yugoslavia in 1944, this profession lost importance and was
gradually removed from practice. This diminishing to total disappearance of
the profession of notary public is explained by the fact that in the monist
system the private property was reduced to the smallest possible extent, while
there is no doubt that the role of notary public comes into play exactly in
the free judicial-civil relationships, which are closely related to the private
property and the rights that derive from it.
After the collapse of the monist system and the establishment of judicial
democratic systems by the end of the twentieth and the beginning of the
twenty-rst century, the function of notary publics was revived in all of the
former SFRY republics, including the Republic of Macedonia.
In the judicial system of the Republic of Macedonia, the institution of
‘notary public’ was promoted in the provisions of the Law on performing
notary activities of 1996 (“Ocial Gazette of the R.M.” no. 59/96, 25/98,
06/02 and 66/06) and within this time period, it was slowly but surely placed
in its deserved position.
By utilizing positive experiences of comparative systems, which implement
the Latin continental model of notary, the Republic of Macedonia has adopted
free notary, in terms of the Latin model, which is an integral part of the judicial
liberal-democratic order. The preference of the Latin model is based on the
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attention that this model pays to the prevention of disputes outside the court;
respecting the rule of law state; judicial security; protection of the right to
freedom, especially the freedom of private property; the social state principle;
the subsidiarity principle and consumer protection.
The notary in the Republic of Macedonia is organized according to the territorial
principle, i.e. according to the territory of principal courts. According to this
principle, there should be one (1) notary public in 20,000 inhabitants (Article
8, Paragraph 5 of the Law on Notary (“Ocial Gazette of the R.M.” no.
55/07). The rst notary publics in the Republic of Macedonia began their work
in June 1998, whereas in the same year the Independent Notary Chamber was
also established. Since 2001 it has been an equal member of the International
Union of Latin Notaries (IULN). IULN is an international association that
gathers the notary chambers of 76 states, in which this judicial institution is
implemented.
The main aim of the Notary Chamber is to maintain the autonomy and
independence of notary publics, as public servants, during the practicing of
public authorizations, as well as safeguard the honor and reputation of the
notary publics and the function of the notary in general. Today, the notary
service in the Republic of Macedonia counts 180 notary public oces across
the country (Notarius, Notary Chamber of the Republic of Macedonia, no.
23, p. 103).
Notary within the legal framework of the Republic of Macedonia
The notary is an independent public service that carries out works related
to public authorizations, based on the law and the request of citizens, state
bodies, legal persons and other interested institutions (Article 2, Paragraph 1,
Law on Notary (“Ocial Gazette of the R.M.” no. 55/07).
The institution of the notary in the Republic of Macedonia was for the rst
time established with the Law on performing notary activities of (1996). It
was determined that a series of non-litigious issues be transferred from the
traditional court competence and the competence of administrative bodies to
the competence of notary publics. By transferring some of the non-litigious
issues from the competence of the court to the competence of notary publics,
the category of the latter gained new dimensions by rising up to a far more
important gure of the modern judicial circulation. However, in addition, the
unloading of the court from trying to nd a solution to certain non-litigious
issues, promoted a new tendency of the dejudicialization (or reversal of
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judicialization ) of judicial civil protection within the judicial system of the
Republic of Macedonia.
The installation of the institution of the notary in the Republic of Macedonia
reected positively on the functioning of the judicial system in general. The
notary service undoubtedly inuenced the facilitation of judicial circulation,
the eciency of the work of courts, the increase of judicial security, the
prevention of dispute creation, namely their easier resolution, etc.
The notary service has created the opportunity of providing certain services,
which were not available before, and more importantly, it has inuenced the
advancement of what they call preventive judicial protection.
In 2007, the Law on Notary was revealed. Apart from terminological changes,
it also introduced a series of new provisions. Special attention has been paid
to provisions through which the control of the work of the Notary Chamber
and notary publics themselves in the Republic of Macedonia is realized.
Concretely, the notary public is obliged to report corruption cases if s/he
ascertains such during his/her servicing. In this respect, special inuence on
the new Law on Notary was exercised by the Law On Money Laundering
Prevention And Other Criminal Proceeds And Financing Terrorism (Law On
Money Laundering Prevention And Other Criminal Proceeds And Financing
Terrorism (“Ocial Gazette of the R.M.” no. 4/2008)).
Under the impact of this law, the Law on Notary has envisaged certain rules
through which the notary public is obliged to report any suspicious activity
connected to money laundry or client bribery/corruption. Through legal
provisions, the development of disciplinary measures and procedure has been
rigorously determined, including the possibility of dismissing the notary
public in cases when s/he has caused a damage amounting at 50,000 € to his/
her client through his/her own actions. (Article 16, Paragraph 1, Item f of the
Law on Notary (“Ocial Gazette of the R.M.” no. 55/07)
In order to ensure better protection for the citizens, namely in order to create
opportunities for compensation for the damage caused by the notary public,
the Law on Notary obliges the notary public to conclude an insurance contract
amounting at 50,000 € for potential damage(s) that s/he may cause to his/
her clients. (Article 12, Paragraphs 1 and 2 of the Law on Notary (“Ocial
Gazette of the R.M.” no. 55/07).
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The role of the notary public in the judicial system in the Republic of
Macedonia
The dynamics, complexity and insecurity that associate the circulation of
goods and services in the modern market economy, require the engagement of
notary publics. Through his/her services, the notary public provides security,
simplicity and low costs in terms of regulating the judicial-civil relationships.
The notary public is able to provide that intensity of judicial protection,
which courts of law can only after the resolution of the dispute within a legal
procedure, at the moment of the binding of the judicial work and the denition
of relations between the parties involved. Services provided in the simplest
possible way by a single body, as is the notary public, avoid bureaucratic
procedures and provide moral warranty for the citizens.
The notary is a complex institution that supplies the judicial order of a country
and its citizens with necessary services, with private and public acts, with
nalization of important judicial actions, with the emergence, modication,
resolution and termination of legal consequences that arise in the civil and
commercial judicial circulation (Tutulani- Semini, 2008, p. 5). The notary
provides a wide spectrum of judicial services. The primary traditional role of
the notary publics includes the following:
• Ocial compilation and release of documents on judicial aairs
• Ocial compilation and release of documents on statements and facts
upon which rights are based
• Ocial verication of private documents
• Admission of documents, money and other precious items for protection,
with the aim of handing them in to other people or competent bodies,
which according to the order of the court or other public bodies, implement
procedures determined by law (Article 4, Paragraphs 1 and 2 of the Law on
Notary (“Ocial Gazette of the R.M.” no. 55/07).
By engaging in their primary role, namely, by preparing and verifying
documents with qualitative content, as well as in their role as people who
enjoy public trust (and this is exactly why documents gain the importance of
publicly veried documents) (Article 4, Paragraph 3 of the Law on Notary
(“Ocial Gazette of the R.M.” no. 55/07)), notary publics guarantee judicial
security, prevent the emergence of disputes, namely facilitate their resolution
(preventive function), etc.
The importance of the role of notary publics comes out especially in the
conclusion of judicial works, for whose validity, the law has provided the
form of notarial acts. Thus, the form of a notarial act is obligatory in:
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• Contracts on regulating property relations of marital and extra-marital
spouses,
• Contracts on gifts without delivering the item,
• Acts of creation, organization, dismissal, statutory changes of judicial per-
sons that exercise economic activities, institutions, foundations, apart from
trade associations,
• Judicial works undertaken by blind and/or deaf people, who cannot read
and/or write, or dumb people who are not able to write
• Contracts which enable the disposal of the wealth of underage children
or persons who have been denied or limited the capacity to act, as well as
in all other cases determined by law Article 42, Law on Notary (“Ocial
Gazette of the R.M.” no. 55/07).
By enabling the notarial act to have the feature of a public document (validity),
especially the feature of an enforcement document, the avoidance of the whole
litigious procedure is made possible. The notarial act will have the quality of
an enforcement document if a certain obligation for doing (facere) is veried
with it, and for which parties concerned can agree upon, as well as if it
contains the debtor’s statement, through which s/he agrees that based on this
act, the request can be realized, namely the forceful baili can be carried out
(Article 4, Paragraph 3 of the Law on Notary (“Ocial Gazette of the R.M.”
no. 55/07). This enables good, fast, easy and economic protection of rights.
This represents a great advantage for the citizens in terms of the protection of
their rights, whereas on the other hand, it aects the strengthening of the role
and the service of notary publics.
The role of notary publics gains importance when it comes to the area of
transferring rights to real estate, inheritance (testament, procedures for
reviewing inheritance); family issues (nowadays in many European countries,
the notary public plays the main role in litigious procedures of divorcing
married couples). S/he records one’s wealth (property), compiles the act
of sharing real estates, agreements on liquidity, contracts between spouses
and then delivers all of these to the court of law (Art, 423, 424, Code civil,
Livre III, Titre V, Chapitre I, Section I,; Art. 1410, 2033, BGB-Bürgerlicher
Gesetzbuch, Neuste Fassung, Köln; (Article 184, 449, ZGB-Schweizerisches
Zivilgesetzbuch vom 10. Dezember 1907 (Stand am 5. Dezember 2008)).
In western European countries as well as in most of countries in transition,
the role of notary publics is especially important in the area of consumer
protection as well.
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The function of the notary public in the judicial system in the Republic
of Macedonia
During the realization of their duties and tasks, notary publics carry out some
functions that represent the pillars of the functioning and liberalization of
the judicial democratic system. The function of notary publics is strongly
emphasized in terms of the acceleration of the judicial circulation, protection
of clients’ interests and facilitation of the work of judicial bodies.
The primary function that derives from the engagement of notary publics
in the realization of their duties determined by law is the acceleration of the
judicial circulation. Modern market economy is characterized by a dynamic
circulation of goods, services and capital. The pace at which economic
circulation is developed directly determines the pace of judicial circulation.
Therefore, in our modern world the interest of accelerating judicial circulation
in all of those areas that are closely connected to the market of goods, services
and capital is highly emphasized. In this respect, the function of the notary
public comes to play, and it is even considered as the most preferred, having
in consideration the relatively easy procedures of providing judicial services.
Traditionally, parties in a contracting relationship negotiated in advance and
then they would go to the lawyer to compile the contract itself and then to
the court of law for its verication. The participation of the notary public
in this rapport has made it possible to realize all the three mentioned steps
simultaneously in the notary public’s oce (Tanaskoviç, 2003, p.39). This not
only facilitates and simplies the procedure, but also accelerates it at large.
The possibility of the notarial act for having the power of an enforcement
document aects a lot the acceleration of judicial circulation. Based on the
enforcement document, parties have the possibility to agree, at the moment
of concluding the contract, about its direct enforcement without the need for
a legal procedure (Article 43, Paragraph 1 of the Law on Notary (“Ocial
Gazette of the R.M.” no. 55/07).
Some other characteristics of the notarial act also inuence the acceleration
of judicial circulation, e.g. clarity of reciprocal obligations of the parties
involved, their equality, etc.
During the provision of services by the notary public, his/her function as a
protector of the interests of the parties concerned is also revealed. Notary
services are carried out independently, professionally and equitably, based
on the law, various dierent provisions as well as international conventions
ratied in line with the constitution. Notary publics’ independence and
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fairness represent fundamental characteristics of the notary services and are
in the interest of proper and unhindered functioning of the judicial system
(Article 2, Paragraph 3 of the Law on Notary (“Ocial Gazette of the R.M.”
no. 55/07).
Notary public’s independence refers to the realization of the notary service as
a member of the free profession. Based on his/her ocial mission, the notary
public undertakes certain actions personally and with complete personal
responsibility, being always in the interest of concerned parties at whose
request s/he is engaged, as well as in the interest of the society as a whole.
As regards notary public’s neutrality (fairness), it refers to the fact that the
notary public does not have the right to give advantage to any of the parties
and place either of them in a more favorable position. During the provision
of notary services, the notary public has to remain neutral, i.e. to play the role
of the entrusted subject for any party that seeks the said service. The notary
public is not a party in the procedure; rather s/he is a sui generis rst level
body, who steps in with the aim of protecting the public interest, namely
guarantee security in judicial circulation. The aim of his/her participation
is to professionally and qualitatively ensure the omnipotence of judicial
works thus preventing the emergence of disputes. Every court decision can
have undesirable consequences and responsibility for the notary public and
can lead to compensation for the damage caused to the client, because the
state does is not held responsible for the actions of notary publics. This is
about professional civil responsibility for the damage caused by the notary
public. The civil responsibility places the holder of a public function against
the user of their services and aims at ensuring compensation for those who
suer from harmful consequences because of professional errors (Дабовиќ
Анастасовска, 2013, 11).
Within the framework determined by law, the notary public is obliged to
account for the interests of any party equally and neutrally, whereupon he has
to advise the parties and make sure their free will is veried, as well as inform
them on judicial consequences of the actions they are about to undertake. The
notary public has no right to mediate in the conclusion of the judicial work,
and even less to guarantee for its fulllment. Unlike the lawyer, who always
defends the interests of one of the parties, i.e. undertakes legal actions based
on the client’s authorization and has the right and is obliged to undertake
any action, within the legal framework, that would benet the concerned
party, the notary public does not have the right to incline towards any of the
parties involved, act subjectively, or be led by an individual/personal benet
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or damage that would come as a result of the performance of his/her ocial
tasks and duties (Article 3 of the Law on Notary (“Ocial Gazette of the
R.M.” no. 55/07).
In order to defend the clients’ interests, the legislation has determined certain
forms for some statements of will and certain judicial works. The form of the
notarial act is the harshest form, provided in judicial systems that recognize
this institution. Through this form, prevention from possible inequality that
could be caused by the varying level of education and judicial culture of the
parties and their dierent material situation is ensured. The legislation has
also envisaged the form as a mechanism through which it is attempted to give
the same importance to the rights and obligations of both contracting parties,
which in turn ensures their equality in the judicial circulation.
The function of protecting the parties’ interests comes to play in the phase of
the discussion with them. Through his neutrality, the notary public provides
security in terms of putting the essence of the judicial work between parties
right, taking into consideration their interests equally, though they are quite
often contradictory. During the discussion that is carried out between the
notary public and the parties, before the notarial act has been compiled, the
notary public is obliged to provide the parties all the necessary pieces of advice
(Article 44, Paragraphs 1 and 2 of the Law on Notary (“Ocial Gazette of the
R.M.” no. 55/07)). This advice is of crucial importance because it has been
provided by a neutral and materially uninterested subject. In order to respect
the fairness principle, the notary public has to help the economically weaker
party.
In the spirit of protecting the parties’ interests is the provision according to
which the notary public will be dismissed, if s/he him/herself, his/her spouse,
his/her parents or children are parties during the editing of the notarial act
or the solemnization of the private document (Article 29, Paragraph 1 of the
Law on Notary (“Ocial Gazette of the R.M.” no. 55/07).
Finally, the compiled document by the notary public in accordance with the
form determined by law that has the seal and signature of the notary public,
not only bears the burden of proof on the side of the one who claims the
opposite of what the document is saying, but also has extraordinary proong
power and is dicult to be disputed. Therefore, notarial acts provide a high
level of protection for the party that refers to them (Tanaskoviç 2003, p. 40).
The notary service largely inuences the facilitation of the work of judicial
bodies. This can be achieved in several ways:
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• Through the prevention of court disputes
• Through attempts to avoid legal procedures in cases when it comes to such
• Through cooperation with courts of law and overtaking of a portion of the
court functioning (Tanaskoviç 2003, p. 43).
• Unlike the judge, who decides upon the civil judicial dispute, the role of the
notary public is to act in advance. This means that the notary public acts in
a preventive way, in order to avoid the emergence of the dispute itself. The
notary public inuences in the prevention of disputes since the discussion
phase that he undergoes with the parties before compiling the notarial act. In
this case, the notary public insists on an agreement related to the disputing
issue between the parties with contradicting views. As a neutral advisor, s/
he is obliged to seek for the necessary balance and explain to both parties
the volume and the character of undertaken obligations. These actions of the
notary public are very important in preventing legal disputes, which quite
often derive from acts in which the deadlines have not been met, are unclear
or incomplete.
• The notary public, as a person that enjoys public trust, inuences the adjust-
ability of the parties’ private interests with the public interest expressed by
law, which is again in the spirit of preventing disputes. In modern judicial
systems, the function of the notary publics is becoming more and more im-
portant, as e facilitator and mediator between parties involved. As e neutral
person and holder of public authorizations, s/he contributes in the avoidance
of conicting situations through his/her advice and remarks addressed to par-
ties in question. All of this activity performed by the notary public is oriented
towards the realization of his/her obligation that even the party that lacks
judicial culture is able to understand the explanations, advice and remarks
related to the judicial consequences of the aair to be concluded. In this way,
s/he helps the parties to regulate their relationships in a qualitative manner.
All of this creates the possibility of totally avoiding or minimizing the threat
of the emergence of disputes and everlasting and expensive procedures in the
direction of their resolution. This preventive function is increasingly taking
the dimensions of a very important factor of stability and harmonious rela-
tions between citizens.
• The cooperation of notary services with courts of law is strongly reected in
the importance the notarial act has in a legal procedure. During the compi-
lation of the notarial act, the notary public undertakes certain actions, which
free the court from the need of undertaking certain investigations in advance.
Therefore, the notary public is obliged to store not only the notarial act itself,
but rather all other proofs connected to the realized process as such (personal
data of parties, age, ability to conclude an agreement or compile a testament,
etc.). The notarial act which serves as evidence before court authorities in a
legal procedure, facilitates the proong process because it presents non-liti-
gious evidence on the accord that has been made between the parties as well
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as the time and place of the emergence of the rights and obligations of the
parties contained in the act.
The cooperation of notary services with courts of law is seen on the
communication of motions by the court to the parties (Article 25 of the
Law on Litigious Procedure (“Ocial Gazette of the R.M. no. 79/2005)),
the performance of notary publics as entrusted by the court, etc. (Article
131 of the Law on Non-Litigious Procedure (“Ocial Gazette of the R.M.
no. 18/2008). If we refer to the latest legislative changes, the cooperation
with courts of law is carried out when the notary public, at the request of
the court of law, appears as a representative of the persons unable to act
or of the missing ones. Some actions by the notary public are carried out
with supervision by the court of law. These include: evidencing of property
and wealth, sharing the property/wealth based on the consent or without
the consent of parties concerned, public sale for insurance claims,etc.
Conclusion
In these recent years, we are witnessing a trend of gradual transfer
of duties from the non-contentious jurisdiction to the notary public service,
which certainly being inuenced from the comparative experiences will
continue as a part of a wider de judiciary process, in which the process of
delivery of Civil and Legal protection is undergoing. This process is as a
result of overload of the courts and diculties in nancing and organization
of their activity on one hand, respectively, the positive experiences gained by
various jobs within the competence of the courts that so far have been given
to notaries.
In connection with the discharge of the courts and transfer of cases
under the competence of notaries, a question raises about non-judiciary limits,
respectively, which litigation cannot be entrusted to other non-judicial bodies.
The elements of this limit can be found in the available character of legal
relations, in respect to which legal protection should be provided, respectively,
with agreement of legal entities, instead of the courts, their disputes and other
legal issues and services to be resolved by other authorities, or persons.
In order to achieve desired results in the eld of providing legal
protection, it would be good if the Constitution determines the possibility
that some jobs which are in the competence of the court, to be entrusted by
law to persons who do not have quality of the court (judicial advisors, and
other court ocials), respectively, other persons with public authority outside
the courts, which in view of the organizational and functional aspect would
ensure independence and objectivity that is provided to the courts. In this
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way we could obtain the constitutional legal basis for transferring certain
cases from court’s jurisdiction to other services, in which except notaries it
is possible to be involved,’’ public bailis, and other persons who have not
judge quality, eg attorneys and other persons with legal background, but even
people who do not have the legal background, but who would be entrusted the
resolution of disputes and other legal matters with little social signicance.
Notaries de lege lata, within their classic activities would carry certain
mediation characters, respectively would oer assistance to parties to regulate
their mutual relations with the preparation of certain legal instruments. In
this case the goal would be to expand the competence of notaries that are
realized through the transfer of other issues from non-contentious judicial,
and gain increasingly in the importance as mediators of their position as
trusted monitors and impartial to the parties.
It would be nice if from courts competences that are under the
jurisdiction of notaries and other persons mentioned above, are transferred
some other issues, such as: acceptance of maternity and paternity before a
notary public; divorces by agreement before a notary public; issues alimony,
provision of evidence or commissioned notaries, which would make possible
for the courts instead of seeking the viewing or any other evidence, to even
hear the witness by court order, and allocate a notary for this purpose. The
jurisdiction of the notary could also be transferred: regulation of relations
between the co-separation of the joint, contentious trade procedures, regulation
of boundaries, public records etc..
References
• Дабовиќ Анастасовска,Ј. (2013). Професионална одговорност
на нотарите за штета и должност за задолжително осигурување,
Нотариус бр. 23, p.11-30
• Tanaskoviç, Z. (2003) Funkcija javnog beleżnika (notara) u savrenmenim
pravnim sistemima. Pravni informator, br 1
• Tutulani- Semini, M. (2008). Relativizimi i lirisë së profesioneve të lira
në funksion të një shërbimi “absolutisht” në të mire të qytetarëve dhe në
përputhje me ligjin. Noteria, Revista shqiptare për studime ligjore, Tiranë
• Law on performing notary activities of 1996 (“Ocial Gazette of the
R.M.” no. 59/96, 25/98, 06/02 and 66/06)
• Law on Notary (“Ocial Gazette of the R.M.” no. 55/07)
• Law on Litigious Procedure („Ocial Gazette of the R.M’’ no. 18/2008);
• Law on Non- Litigious Procedure („Ocial Gazette of the R.M’’ no.
79/2005);
Unauthenticated
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147
• Law On Money Laundering Prevention And Other Criminal Proceeds And
Financing Terrorism (“Ocial Gazette of the R.M.” no. 4/2008)
• BGB-Bürgerlicher Gesetzbuch, Neuste Fassung, Köln
• Code civil, Livre III, Titre V, Chapitre I, Section I,
• ZGB-Schweizerisches Zivilgesetzbuch vom 10. Dezember 1907 (Stand
am 5. Dezember 2008)
Unauthenticated
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