Bulgarian Assistant Notary Exam flashcards

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Notarial deed definition

A public instrument executed by a notary in the statutory form, recording declarations of the parties, signed by them and by the notary, and serving as evidence and, where the law provides, as an enforcement title.

Signature certification effect

It attests only that the identified person placed the signature in the notary's presence; it does not certify the truth, legality, or content of the underlying document.

Transcript versus copy

A transcript reproduces the full content of the original document, while a copy may reproduce it in whole or in part; the notary must state precisely which type is issued.

Notarial district rule

A notary may perform acts only within the district of appointment, except where the law permits substitution, assistance, or acts outside the office for statutory reasons.

Notarial secrecy

The duty to keep confidential the content of acts and facts learned in office, release from which requires statutory grounds or the parties' consent in the required form.

Assistant notary role

A qualified lawyer entered in the chamber's register who may substitute the notary under statutory conditions, acting in the notary's name and under his responsibility.

Conflict of interest bar

A notary may not act where he, his spouse, a close relative, or a person with a direct interest is a party or representative in the transaction.

Refusal to act

The notary's written, reasoned refusal to perform an act that is unlawful, immoral, or where a party lacks capacity or refuses identification; the refusal is subject to legal challenge.

Corrective notarial act

An instrument executed by the same notary or his successor to correct errors in a prior notarial act, with the parties present or duly represented.

Certification of date

A notarial notation confirming only the date on which a private document was presented to the notary; it does not certify the document's content or validity.

Sworn translation rule

A document in a foreign language is translated by a sworn translator, and the notary certifies the translator's signature and the conformity of the translation.

Property register check

Before a deed transferring real rights, the notary examines the register for ownership, encumbrances, bans, and pending entries affecting the property.

Essential deed elements

Competent notary, personal appearance or authorized representation, verified identity, reading and approval of the text, signatures, place, date, and the notary's signature and seal.

Content certification limit

Certification of the content of a legal act attests that the declared statements were made before the notary, not that the statements are true or lawful.

Marriage contract form

An agreement between spouses on their property relations that requires notarial certification of signatures and content under the statutory family law rules.

Inheritance proceeding

A notarial procedure establishing the heirs, the estate, and debts, ending with a certificate of inheritance after the statutory period for claims.

Reserved share

The statutory portion of the estate reserved for forced heirs; excessive dispositions are reduced by the notary to protect that portion.

Renunciation of inheritance

An irrevocable declaration made before the competent notary within the statutory period, by which an heir declines the inheritance entirely.

Numerus clausus real rights

The principle that only the real rights listed by law exist: ownership, use, construction, servitude, mortgage, and statutory pre-emption rights; parties cannot create others.

Title and registration

Ownership of immovables transfers by notarial deed and registration; the deed is the title, registration the mode of acquisition effective against third parties.

Mortgage creation

A mortgage arises from a notarial deed or notarized contract and is registered; once registered it follows the property on transfer.

Contract essential elements

For a sale: parties, object, and price; the notary verifies identity of the object and the seller's title, especially for immovable property.

Nullity versus voidability

Nullity arises from illegality, immorality, or lack of required form; voidability from error, fraud, threat, or incapacity; the notary must refuse to certify a null act.

Earnest money clause

A certified contractual term by which a sum is given as kaparo, entitling the giver or receiver to withdraw under statutory consequences fixed by the contract.

Commercial register check

The notary verifies the merchant's registration and the representative's authority and limitations in the commercial register before certifying a commercial transaction.

Registered pledge

A security right over movable assets or a going concern, created by contract and effective against third parties upon entry in the central pledge register.

Bill protest

A notarial act drawn within statutory time limits recording non-acceptance or non-payment of a bill of exchange or promissory note.

Enforcement title

A document, including a notarial deed containing a monetary obligation where the law so provides, on the basis of which an enforcement agent conducts enforcement.

Certified transcript for enforcement

A notary-issued certified copy of the notarial deed, containing the enforcement clause where required, used by the enforcement agent to commence proceedings.

Apostille requirement

A formality certifying the authenticity of a notarial act for use abroad; where not applicable, legalization through consular channels is required.

Notarial fee base

The fee is calculated under the Tariff on the transaction value or statutory base, using the higher of declared value and tax valuation where the law requires.

Suspicious transaction report

A confidential report by the notary to the Financial Intelligence Directorate about a transaction suspected of money laundering, made without informing the client.