Bulgarian Notary Competition Exam flashcards

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

Prescription period immovables

Acquisitive prescription for immovable property is 10 years with just title and good faith, or 20 years without just title or good faith.

Void vs voidable contract

Void contract has no legal effect from outset and cannot be confirmed; voidable contract is valid until annulled by court within five years for error, fraud, duress, or incapacity.

Forced share inheritance

Children and surviving spouse are forced heirs entitled to at least half of their intestate share; a will cannot deprive them of this reserved portion.

Statutory property regime marriage

Default regime is community of acquisitions; spouses may choose separation of property by notarial deed registered in property register.

Commercial Register effect

Registration in Commercial Register is constitutive for legal entities; changes and deletions are effective against third parties only after entry, except good-faith reliance on registered facts.

LLC minimum capital

Limited liability company (OOD) requires minimum capital of 2 BGN, divided into shares; members liable only up to their contribution.

JSC governance bodies

Joint-stock company has general meeting of shareholders, board of directors (or supervisory board), and management board; minimum capital 50,000 BGN.

Insolvency opening ground

Insolvency proceedings open when debtor is unable to pay due debts or is over-indebted; court appoints trustee and creditors ranked by statutory priority.

Notarial deed content

Notarial deed must state date, place, notary details, party identification, declaration of intent, legal basis, and signatures; read aloud and signed before notary.

Notary refusal grounds

Notary must refuse act if unlawful, immoral, contrary to good morals, or if identity, capacity, or authority cannot be verified.

Notarial certification of signature

Certification verifies signature authenticity and identity but not content or legality of the document; notary keeps register and archive.

Notary professional secrecy

Notary must keep confidential all facts learned in practice; secrecy does not cover suspicion of money laundering or criminal offence.

Property Register publicity

Registered rights are effective against third parties; anyone may inspect register and obtain extracts; registration is constitutive for immovable ownership transfer by contract.

Cadastre parcel identifier

Cadastre assigns unique cadastral number to each land parcel and building; property register entries link to this identifier.

Registration priority rule

First application first registered; later applications queued and entered in order; mortgage rank determined by date of registration.

Notary check before real estate

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

Enforceable title notarial deed

Notarial deed with mortgage constitutes enforceable title for secured monetary claim; notary may issue enforcement order subject to debtor objection.

Civil judgment finality

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

Enforcement measures bailiff

Private enforcement agent may seize bank accounts, salary, movable and immovable property; debtor may challenge and third-party claims considered.

Interim measures civil procedure

Court may order attachment or injunction if claim likely and urgency shown; applicant must provide security unless exempted.

Will forms Bulgarian law

Holographic will handwritten, dated, signed; notarial will read and signed before notary and witnesses; secret will deposited with notary; oral will only in exceptional danger.

Inheritance acceptance period

Heir may accept or renounce within six months of knowledge; benefit of inventory limits liability to estate value.

Notary inheritance certificate

Notary opens and announces will, verifies heirs, and issues certificate of inheritance; must check for other wills and notify heirs.

Division of estate immovables

Division agreement among heirs must be notarized if immovables involved; court may order sale if indivisible.

Administrative act characteristics

Unilateral declaration by administrative authority exercising public power; must be lawful, reasoned, written; challengeable by appeal or court.

Administrative court review

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

State liability unlawful act

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

Constitution supremacy

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

Legal norm conflict rules

Lex superior (higher norm prevails), lex specialis (specific prevails over general), lex posterior (later prevails over earlier) resolve conflicts; retroactivity prohibited except favorable criminal law.

Document forgery offence

Making false official or private document or altering genuine one with intent to use; penalty depends on document type and consequence.

Money laundering offence

Acquisition, possession, use, conversion, or transfer of property knowing it derives from crime; penalty imprisonment and fine under Penal Code.

AML customer due diligence

Notary must identify client and beneficial owner, verify identity, obtain purpose of transaction, and monitor ongoing relationship; enhanced for PEPs and high-risk clients.