Armenia Notary Qualification flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Place of opening inheritance

The inheritance opens at the last residence of the deceased; the notary at that place opens the inheritance file and conducts proceedings.

Six-month acceptance period

Heirs may accept or renounce inheritance within six months of the opening; silence is not acceptance, and late acceptance requires court permission or consent.

Compulsory share

A statutory fraction of the intestate share reserved for certain heirs (e.g., minor or disabled children, surviving spouse, parents), overriding the will to that extent.

Notarized will requirement

A will must be made in writing and notarized; holographic wills are generally invalid unless an exceptional form is recognized by law and confirmed by court.

Certificate of inheritance

A document issued by the notary after verifying the circle of heirs and the will, confirming the heirs' rights; disputes are resolved by court.

Marriage contract notarization

A marriage contract regulating property, maintenance, or division must be notarized; it may be modified or terminated only by notarized agreement or court.

Common joint property presumption

Property acquired during marriage is presumed common joint property unless a marriage contract or evidence of separate acquisition shows otherwise.

Spousal consent for transactions

A transaction involving common immovable property requires the spouse's consent; the notary must verify consent, and absence renders the act subject to challenge.

Alimony agreement enforcement

A notarized alimony agreement may serve as the basis for a notarial enforcement instrument for unpaid maintenance, enforceable without a court judgment.

Constitutive registration

Rights in immovable property arise and transfer only upon state registration in the cadastre; an unregistered sale transfers no ownership.

Mortgage (hypothec)

A security over immovable property that must be notarized and registered; it gives the creditor priority over the pledged asset on default.

Co-owner pre-emption right

A co-owner selling a share must first offer it to other co-owners on the same terms; violation gives them a right to claim transfer.

Servitude (easement)

A right to use another's land for a defined purpose, established by agreement subject to registration or by court; it runs with the land.

Void versus voidable transactions

Void transactions (contrary to law, sham, by incapacitated persons) are invalid without a claim; voidable ones (duress, fraud) require a court challenge within the limitation period.

Power of attorney form

A power of attorney for transactions requiring notarization must itself be notarized; it terminates on expiry, revocation, death, or incapacity.

Cession form requirement

Assignment of a claim requires the same form as the original transaction; a notarized obligation requires a notarized assignment.

Dispositive capacity threshold

Full dispositive capacity arises at 18; minors aged 14–18 have limited capacity, and persons below 14 have none.

Notarial enforcement instrument

An execution inscription issued by the notary on a debt instrument acknowledged by the debtor, enforceable without a court judgment through the bailiff service.

Scope of signature certification

Certification of a signature confirms only the identity of the signatory, not the legality of the document's content; the notary must state the scope.

Reasoned refusal

A notary's refusal to perform an act must be issued in writing with reasons; the applicant may appeal to the Chamber or to court.

Certified copy procedure

The notary compares the copy with the original, marks it as certified, and retains a copy in the notarial file.

Notary qualification examination

Candidates must have legal education, complete an internship, and pass the qualification examination administered by the Ministry of Justice and the Notarial Chamber.

Incompatible activities

A notary may not engage in entrepreneurial activity or hold incompatible offices; conflicts of interest must be avoided.

Disciplinary sanctions

Sanctions range from reprimand to suspension and removal from office, imposed by chamber bodies for violations of law, ethics, or record-keeping duties.

Notarial register (reestr)

A sequential record of every notarial act containing the date, parties, and summary; it is a public-record document retained under archival rules.

Archive transfer on termination

When a notary's practice ends, the notarial archive is transferred to the Notarial Chamber or a designated state archive under archival rules.

Access to notarial records

Copies and information are provided only to the parties, their representatives, and authorities as provided by law; confidentiality is otherwise preserved.

Customer due diligence

Notaries must identify the client and beneficial owner, verify identity, and understand the purpose of the transaction for AML/CFT purposes.

Suspicious transaction report

A confidential report filed with the Financial Monitoring Center without tipping off the client when a transaction appears linked to money laundering or terrorism financing.

PEP enhanced due diligence

Politically exposed persons and high-risk jurisdictions require enhanced due diligence; simplified measures are limited to low-risk cases.

Challenge to notarial act

A notarial act or refusal may be challenged in court within the statutory short period; the burden of proving invalidity lies on the claimant.

Enforcement service role

Bailiffs enforce notarial instruments; the creditor applies with the instrument, the debtor is notified and given a voluntary compliance period.