Bulgarian Notary Competition Exam cheat sheet

Obligations arise from contract, delict (tort), unjust enrichment, and unilateral acts; the debtor owes a performance that must be determinate, possible, lawful, and moral.

Property is the fullest right over a thing: owner may possess, use, enjoy, and dispose, subject to statutory limits and rights of third parties; ownership transfers by contract plus delivery (or registration for immovables).

Possession is factual control; it is presumed lawful and in good faith until proven otherwise; possessor in good faith acquires fruits and may claim necessary expenses.

Prescription (acquisitive) for immovables is 10 years with just title and good faith, or 20 years without; movable property: 5 years with just title and good faith, 10 years without.

Contract formation requires offer and acceptance; acceptance must be timely and unconditional; silence is not acceptance unless law or prior dealing so provides.

Invalidity: nullity (void ab initio, no cure by confirmation) vs. voidability (annulment within 5 years for error, fraud, duress, incapacity); partial nullity preserves the remainder if severable.

Family: marriage requires free consent, legal capacity (18), no prior undissolved marriage, no close kinship; property regime defaults to statutory community of acquisitions unless spouses opt for separation by notarial deed.

Inheritance: intestate order (children, parents, siblings, grandparents, state); forced heirs (children and spouse) receive reserved portion; will forms include holographic, notarial (public), and secret; revocation by later will or destruction.

Merchant is any natural or legal person who performs commercial acts as a regular occupation; commercial acts include purchase for resale, brokerage, insurance, banking, transport, and agency.

Commercial company forms: general partnership (SNC), limited partnership (KD), limited liability company (OOD), joint-stock company (AD), and cooperative; each acquires legal personality upon registration in the Commercial Register.

LLC (OOD): capital divided into shares, minimum capital 2 BGN; members liable only up to their contribution; decisions by general meeting, manager(s) appointed by members.

JSC (AD): capital divided into shares, minimum 50,000 BGN; governance by general meeting, board of directors (or supervisory board), and management board; annual financial statements audited if thresholds met.

Commercial Register: constitutive registration, changes, and deletions are effective against third parties only after entry; good faith third parties may rely on registered facts.

Insolvency: opened when debtor is unable to pay due debts (insolvency) or over-indebted; court appoints trustee; creditors ranked by statutory priority; avoidance actions for transactions prejudicing creditors.

Competition law: prohibited agreements restricting competition, abuse of dominant position, and concentration control; merger notification thresholds set by the Commission for Protection of Competition.

Commercial transactions: interest on late payment statutory rate; retention of title valid if registered; bills of exchange and promissory notes governed by the Bills of Exchange Act.

Notary is a public officer exercising notarial activity independently; appointed by the Minister of Justice after competitive examination; must be Bulgarian citizen with law degree, two years' legal experience, and pass the exam.

Notarial acts: notarial deed (authentic instrument), notarial certification of signatures, copies, translations, and facts; notary certifies content, identity, capacity, and legality of the transaction.

Notarial deed must contain: date, place, name and details of notary, identification of parties, declaration of intent, legal basis, and signatures; read aloud and signed in presence of notary and witnesses where required.

Notary must verify identity, capacity, and authority; must refuse if act is unlawful, immoral, or contrary to good morals; must inform parties of legal consequences and tax duties.

Notarial fees are set by tariff (minimum and percentage based on value); notary liable for damages caused by fault; professional secrecy covers all facts learned in practice.

Notarial certification of signature does not verify content; notary keeps register of acts, protocol, and archive; copies issued only to parties or successors.

Notary may perform acts for real estate transactions, inheritance, family agreements, and company formation; must check property register and cadastre before certifying immovable transactions.

Disciplinary liability: sanctions include warning, fine, suspension, and dismissal; appeal to administrative court; notary chamber organizes professional training and ethics.

Property Register (imoten registar) is a public register of rights over immovables; entries include ownership, mortgage, easements, lease, and other encumbrances; registration is constitutive for transfer of ownership by contract.

Cadastre is the map and descriptive record of land parcels and buildings; property register and cadastre are linked by parcel identifier (cadastral number).

Principle of publicity: registered facts are effective against third parties; principle of legality: registrar checks legal basis and formal validity before entry.

Entry (vpisvane) is made on application by the person whose right is affected or by notary for transactions; documents must be in writing with notarized signatures or notarial deed.

Priority: first application first registered; later applications are queued and entered in order; a registered mortgage ranks according to date of registration.

Correction of errors: by application and evidence; court may order deletion or correction; good-faith third-party acquirer protected if registration was valid on its face.

Notary must verify property register and cadastre before certifying real estate transaction; failure may lead to liability and refusal of registration.

Access: anyone may inspect register and obtain extracts; electronic access available; notary may request official certification for transactions.

Civil procedure: claim filed with competent court (district or regional depending on value); parties must have legal capacity; representation by attorney requires power of attorney.

Jurisdiction: general forum at defendant's domicile; special fora for tort (place of damage), contract (place of performance), and immovable property (exclusive).

Evidence: burden of proof on claimant; admissible evidence includes documents, witness testimony, expert opinion, and inspection; court assesses freely.

Judgment becomes final after appeal period (two weeks) or appeal decision; res judicata bars relitigation of same claim between same parties.

Enforcement procedure: based on enforceable judgment or other enforceable title (notarial deed for monetary claim with mortgage); bailiff (private enforcement agent) initiates by application.

Enforcement measures: seizure of bank accounts, salary, movable and immovable property; debtor may challenge with claim for protection; third-party claims considered.

Notarial deed with mortgage constitutes enforceable title for the secured claim; notary may issue enforcement order; debtor may object within set period.

Interim measures: court may order attachment or injunction if claim likely and urgency shown; applicant must provide security.

Marriage: concluded before civil registrar; notary may certify agreements between spouses (prenuptial) regarding property regime; must be notarial deed and registered.

Parental rights and obligations: custody, maintenance, and representation; notary may certify agreements on maintenance and division of property upon divorce.

Inheritance by law: first order children and spouse; second order parents and siblings; third order grandparents; surviving spouse receives share alongside children.

Will forms: holographic (handwritten, dated, signed), notarial (public) will read and signed before notary and witnesses, and secret will deposited with notary; oral will only in exceptional danger with witnesses.

Forced share (reserved portion): children and spouse entitled to at least half of their intestate share; may be reduced by will; claim for reduction within 5 years.

Inheritance acceptance: express or tacit; acceptance within 6 months of knowledge; benefit of inventory limits liability to estate value; renunciation within same period.

Notary in inheritance: opens and announces will, certifies inheritance rights, issues certificate of inheritance; must check for other wills and notify heirs.

Division of estate: by agreement among heirs, notarized if immovables; court may order sale if indivisible; notary may certify agreement.

Administrative act: unilateral declaration by administrative authority exercising public power; must be lawful, reasoned, and in writing; may be challenged by appeal to higher authority or court.

Administrative procedure: initiated by application or ex officio; parties have right to be heard, access file, and receive reasoned decision; time limits set by law.

Administrative courts: review legality of administrative acts; may annul, declare nullity, or order compensation; cassation appeal to Supreme Administrative Court.

Notary as public officer: notarial acts are not administrative acts but may be subject to administrative control; notary may be sanctioned by Minister of Justice.

Administrative enforcement: based on enforceable administrative act; may include fines, closure, or seizure; subject to proportionality and legal basis.

Public registers: administrative authority must maintain and update; refusal to register subject to judicial review.

Administrative liability: state liable for damages caused by unlawful administrative acts or failure to act; claim under State Liability for Damage Caused by Administrative Acts Act.

Administrative procedure code: general rules on service, deadlines, evidence, and appeal; special laws override where provided.

Constitution is supreme law; directly applicable; laws and treaties must conform; Constitutional Court reviews constitutionality of laws and treaties.

Rule of law: separation of powers, legality, legal certainty, and protection of fundamental rights; restrictions only by law and proportionate.

Legal norms: hierarchy (constitution, laws, regulations); lex superior, lex specialis, lex posterior rules for conflicts; retroactivity prohibited except in criminal law if favorable.

Legal relations: subjects, rights, obligations, and object; legal facts (events, acts) create, modify, or extinguish relations.

Interpretation methods: grammatical, systematic, historical, and teleological; analogy permitted in civil law but not in criminal or administrative penalty law.

Notarial activity derives from state power but exercised independently; notary acts are authentic and have probative force unless rebutted.

Fundamental rights: right to property, fair trial, privacy, and family life; notary must respect and protect these in practice.

Legal theory: sources of law include legislation, custom (subsidiary), and general principles; judicial precedent not formally binding but persuasive.

Document offence: forgery of official or private document (art. 308 et seq. Penal Code) requires making false document or altering genuine one with intent to use; penalty depends on type and consequence.

Use of forged document: knowingly using false document as genuine; independent offence; notary must verify authenticity and report suspicion.

Money laundering: art. 253 Penal Code criminalizes acquisition, possession, use, conversion, or transfer of property knowing it derives from crime; penalty imprisonment and fine.

Predicate offences for money laundering include all serious crimes; notary is obligated person under Anti-Money Laundering Measures Act to report suspicious transactions.

Notary duties: identify client, beneficial owner, and purpose of transaction; conduct enhanced due diligence for high-risk clients; keep records 5 years; report to Financial Intelligence Directorate.

Failure to report: administrative penalty and possible criminal liability if aiding laundering; professional secrecy does not cover suspicion of crime.

Document verification: notary must check identity documents, signatures, and public registers; false declaration by party may constitute document offence.

Criminal liability of notary: for intentional participation in forgery or laundering; negligence may lead to disciplinary and civil liability.

Notaries are obligated persons under AML law: must apply customer due diligence (CDD) when establishing business relationship, carrying out occasional transaction above threshold (15,000 EUR), or suspecting laundering.

CDD measures: identify client and beneficial owner, verify identity using reliable documents, obtain information on purpose and nature of transaction, and conduct ongoing monitoring.

Enhanced due diligence for politically exposed persons (PEPs), high-risk countries, and complex transactions; simplified due diligence only for low-risk verified clients.

Reporting: suspicious transaction report to Financial Intelligence Directorate without delay; tipping off client prohibited; notary must not proceed if CDD cannot be completed.

Record keeping: retain documents and transaction records for 5 years after end of relationship or transaction; available to authorities on request.

Professional ethics: independence, impartiality, confidentiality, diligence, and avoidance of conflict of interest; notary must refuse act if personal interest or family relation.

Notary fees and gifts: must follow tariff; accepting additional payment or benefit is unethical and disciplinary offence; advertising restricted.

Disciplinary procedure: initiated by chamber or Minister of Justice; sanctions include warning, fine, suspension, and dismissal; right to defense and appeal.