In the Hungarian legal system the notary acts as a public authority, all of its procedures are non-contentious. The institution of the notary is part of the judicial branch of power, the notary is independent as the judge, because it is only subject to law and comes under no instruction.
In Hungary the notaries are experts with law degree, whose most important purpose to prevent legal disputes and litigation which can take years in the court.
The Hungarian notary public is a civil law notary.
The notary’s activity is related to public authenticity and public trust, as an independent and impartial authority it’s purpose is to prevent legal disputes to relieve the courts.
The Hungarian notary public as an independent and impartial authority is positioned is between the attorneys and the judges.
There are 313 notaries operating in Hungary.
The notaries offer a number of services: drawing up sale and purchase, tenancy, donation, loan, rental, leasing contracts, pledge, mortgage agreements, draft wills, power of attorney, acknowledgment of debt, declaration of undertaking, etc. Furthermore, the law empowers the notaries to conduct procedures (e.g. probate (succession) proceeding, order of payment procedure), which resemble the procedures of the court.
The notarial procedure creates enforcement without lawsuit, in some cases the notary’s decision connects with res iudicata effect or rather its deeds have that kind of probative value, which significally holds back the parties from litigation.
The notarial deeds – contracts, statements, certificates – as public deeds have the strongest power of evidence. The notary can enforce our rights with the help of these deeds without litigation, directly, through enforcement.
Notarial deeds are prepared by the notary in conformity with the formalities set forth in the Notarial Act (Act XLI of 1991 on civil law notaries). They are directly enforceable if it contains the commitment relating to a service and its consideration or a unilateral commitment, the name of the parties, the subject, quantity (amount) and the legal grounds of the obligation, the manner and the deadline for performance.
The Hungarian notarial deed has the European enforcement title which makes it possible to enforce the notary’s document in regard to undisputed claims or receivables in every member states of the European Union except for Denmark.
Notarial certificate is to certify any fact that has legal significance, and these are in the form of a record or a clause.
The notary shall attest in notarial certificate
- that the photocopy of a document is true and faithful to the original as presented to the notary,
- that a translation is accurate,
- that a signature or initial is authentic,
- the date of presenting an instrument,
- the content of an authentic public register.
The notary may only attest in a certificate that a person is alive, if the person concerned has personally appeared and proved his identity before the notary.
The president of Hungarian Chamber of Civil Law Notaries may entitle the notary to prepare notarial deeds in a foreign language, and shall issue a language licence to certify such authorisation. The notary with language licence shall prepare and issue the deed in one language of the clients’ choice.
Dr. Tamás Molnár has licences to act in English and Italian language as well. Due to this he can prepare any notarial deeds in English and Italian, he may certify that the photocopy is a true copy of the original document presented to him or testify the authenticity of a signature or initials.
The notary shall attest in a notarial certificate that the photocopy is a true and faithful copy of the document presented to him. The notary may only certify the photocopy of a document if the photocopied document is clearly legible. The notary shall compare the photocopy with the document and shall attest that it is a true copy of the document in a notarial clause affixed onto the photocopy.
The notarial clause shall indicate
a) whether the photocopy was made of an original document, or a certified office copy or photocopy thereof,
b) whether the document included a stamp duty,
c) if the photocopy is only a part of the original,
d) if the original document includes any changes, damage or other disconcerting feature.
Certified translations, certification of accuracy of translations
Dr. Tamás Molnár is entitled to prepare certified translations from documents generated in cases falling within the scope of notarial activities, in the same language, or may attest the correctness of the translation. The translation shall be written on or annexed to the original document. The notary public shall attest in a clause at the end of the translation that the translation is in conformity with the original document.
Certification of authenticity of signatures
The notary public may only attest the authenticity of a signature or initials if the client personally signed the document before the notary public, or if he or she recognises the signature on the document as his or her own before the notary public.
It is important that the notary public shall verify the personal identity of the client before issuing the notarial certificate.
The notary does not examine the content of the document, the notarization proves only the authenticity of the signature.
Certification on data of authentic public records
The notary may attest that an extract or copy is in conformity with the data of authentic public records, and may also attest facts that are based on an entry in authentic public records.
These certificates shall have the same effect as the extract, copy of certificate issued by the body keeping the authentic records.
For example: Abstract title from the Land Register or an extract from the register of Commercial Register (which contains the current and the previous data of the company).
Specimen of signature
The notary is entitled to prepare the document of specimen of signature and he may also attest the authenticity of signature in English or Italian.
The specimen of signature does not prove the right of representation.
The notary may not prepare any private deeds for the parties with the exception of the draft specimen of signature.
An affidavit is a written statement from an individual which is sworn to be true. It is an oath what the individual is saying is the truth.
In Hungary the notary is entitled to certify that the text of the affidavit was read out before the notary by the client. It is important that notarization of taking an oath or make an affirmation out of court can only for purposes of foreign use
By taking an oath, the party confirms that the document in which the oath is set forth (affidavit) is true and accurate or fully complies with his intention.
National Register of Wills
In Hungary it is not obligatory to record wills in a register, except for wills which are drawn up by or deposit with notary.
The National Register of Wills is an electronic registry for the data of notarial or deposited private wills.
The Register shall contain the testator’s name, birth name, place and date of birth, mother’s birth name, and data necessary for the unique identification of the last will.
Register of Declarations of Cohabitation
The Register of Declarations of Cohabitation certifies that those who made a statement to the effect that they live in partnership and had such declaration recorded into the Register do live in cohabitation.
The Register proves the veracity of the fact that the persons, whose joint statement on the existence of their partnership is registered, live in cohabitation.
Hungarian and European order for payment
The order for payment procedure is a rapid and efficient method for the recovery of pecuniary claims.
It is mandatory in case of overdue monetary claims not exceeding 3 million HUF, that is the claimant may not file a suit. If the value of the claim is between 3 million and 30 million HUF, the claimant may decide whether to take legal action or notarial order for payment procedure.
European order for payment procedure allows creditors to recover their uncontested cross border civil and commercial claims according to a uniform procedure that operates on the basis of standard forms.
In Hungary the European order for payment are issued by notaries. All notaries have competence covering the whole territory of Hungary. There is no compulsory limit for the European order for payment.
The procedure does not require presence before the court. The claimant only has to submit his application, after which the procedure will lead its own life. It does not require any further formalities or intervention on the part of the claimant.
The regulation provides for seven standard forms.
The regulation applies between all Member States of the European Union with the exception of Denmark.
The notarial fee for each notarial proceeding is determined by Tariffs Decree. The detailed rules of notarial fees are determined in Decree 22/2018 (VIII. 23.) of the Ministry of Justice.
The notary operates for the notarial fees determined by the State, which cannot be decreased and cannot be exceeded either, in order to have the notarial services available to everyone under the same conditions. The notarial fee is not the subject of an agreement.
Please bring with you the following to the notary:
- Notarization, certified copies: identity card (or passport) and address card, the original document of the certified copy;
- Specimen of signature: identity card (or passport) and address card, company registration number or company tax number, in case of other organizations, foundations, associations the registration number;
- Certification of signature and initials: identity card (or passport) and address card, the document you would like to sign presented before the notary;
- Company extracts or certificates: identity card (or passport) and address card, company registration number or company tax number;
- Extracts from public registers (land registry, company register): identity card (or passport) and address card, the topographical number of the real estate.
In case of a notarial deed, do not hesitate contact us as to what documents are required, as it depends on the deed.
Our notary office can prepare any notarial deed in English and Italian and an authentic English or Italian translation of any notarial deeds or notarial decrees.
Please make an appointment for faster administration.
From Monday to Thursday: 8:00am – 12:00am and 12:30am – 5:00pm
On Friday: 8:00am – 12:00am and 12:30pm – 2:30pm
Dr. Tamás Molnár notary public may proceed out of notary office or outside the office hours, upon request.
Address: H-4024 Debrecen, Csapó street 28. II floor 7. (doorbell: 7)
Parking: the FÓRUM Debrecen shopping center parking house or the Kálvin square and Vár street parking places.