LK Notaries Final key terms

A written instrument drawn up by a civil-law notary in the legally prescribed form, carrying authentic status and enforceable evidential force unless proven forged.

A document executed by a public official with competence over its form, which constitutes full proof of the declarations it records and may serve as an enforcement title.

A document that permits a creditor to proceed to enforcement without a prior court judgment, typically an authentic notarial deed containing a mortgage or acknowledgment of debt.

The notary's permanent archive of deeds, minutes and related documents, kept in prescribed order and subject to retention and inspection rules under professional regulations.

The original signed notarial deed retained by the notary in the protocol, from which certified copies and extracts are issued to the parties.

An official copy of a notarial deed issued by the notary, bearing the same authentic character and, where the deed contains an enforcement clause, executable force.

A standardized certificate affixed under the Hague Convention confirming the authenticity of a notarial signature and seal for use in another contracting state, replacing consular legalization.

The process of certifying the authenticity of a notarial signature and seal by a competent authority so a foreign document may be accepted abroad, used where the Apostille Convention does not apply.

The notary's duty to establish and record the identity of parties appearing before them using a valid official identity document before executing a deed.

The statutory investigation a notary must conduct into the identity of clients, the purpose of the engagement and the origin of funds, forming the core of anti-money-laundering compliance.

A confidential report a notary files with the national financial intelligence unit when a transaction shows indicators of money laundering or terrorist financing.

The natural person who ultimately owns or controls a legal entity or arrangement, generally through a qualifying shareholding or control threshold, and who must be identified and recorded.

The notary's professional obligation not to disclose information learned in practice, subject to limited statutory exceptions such as lawful reporting duties and court orders.

A proceeding before the disciplinary chamber for notaries alleging breach of professional duties, which may result in a warning, reprimand, suspension or removal from office.

Oversight exercised by the designated supervisory body over notarial practice, including inspection of the protocol, financial administration and compliance with anti-money-laundering rules.

A situation in which the notary's personal or financial interest, or the opposing interests of parties, may compromise the impartial service owed to all parties to a deed.

The notary's duty to serve all parties equally and independently, giving each the same information and refusing to act where the required balance cannot be maintained.

The notarial instrument by which a legal person is formed, containing the required articles of association and the details of founders and initial capital.

The constitutional document of a legal person setting out its name, seat, objects, governance, share structure and decision-making rules, annexed to the notarial deed of incorporation.

A change to a legal person's constitutional document, requiring a notarial deed and, where the law or articles so provide, a prior resolution of the competent corporate body.

A legal person with capital divided into shares, whose shareholders are generally not personally liable for company debts, and whose formation and share transfers are effected notarially.

An entity that holds rights and duties independently of its members, such as a company, foundation or association, and acts through its organs.

A limited real right granted to a creditor over immovable property to secure a claim, entitling the creditor to priority satisfaction from the proceeds upon enforcement.

The notarial instrument creating a mortgage, recording the secured claim, the charged property and the enforcement clause permitting sale without prior judgment.

The ranking of registered limited rights over the same asset, determined in principle by the order of registration, which governs distribution of enforcement proceeds.

Entry of a notarial deed in the public registers, which is constitutive for the transfer of immovable property and for the creation of mortgage rights.

The juridical act transferring ownership of property, which for immovable property requires a notarial deed followed by registration in the public registers.

The notarial instrument by which ownership of registered property passes from seller to buyer, typically executed together with the mortgage deed of the purchaser's financing.

The legal basis justifying a transfer of property, such as a sale agreement, which must be valid for the subsequent delivery to produce its intended proprietary effect.

The standard requiring parties to act reasonably and fairly toward one another, and the state of a person who relies on an appearance of validity without notice of a defect.

The principle that parties may determine whether, with whom and on what terms they contract, subject to mandatory law, public order and good morals.

A juridical act that is valid until set aside by a competent court or an extrajudicial declaration, typically on grounds of error, duress, fraud or abuse of circumstances.

The minimum portion of a deceased person's estate reserved by law for certain close relatives, which they may claim against the will's dispositions.

A revocable unilateral notarial deed in which a person disposes of their estate for the event of death, including appointments of heirs and legatees.

Distribution of an estate according to statutory rules where the deceased left no valid will, following degrees of kinship and the surviving spouse or partner.

A gift of specific property or a sum of money contained in a will, owed by the heirs to the legatee and accepted without liability for estate debts.

The rules governing ownership of assets during and after marriage, either the statutory community regime or a regime chosen by notarial prenuptial agreement.

A notarial deed in which spouses or intending spouses regulate their property relations, excluding or modifying the statutory community of property.

A tax levied on the acquisition of immovable property, usually collected at the notary's office at the time of the transfer deed and remitted to the tax authority.

A tax charged on the value received from a deceased person's estate, assessed on the basis of the notarial estate inventory and the relationship between beneficiary and deceased.

The remuneration charged by the notary for professional services, which must be transparently quoted and, for regulated matters, may be subject to maximum tariff rules.

A separate bank account on which the notary holds funds belonging to clients, such as purchase prices, strictly segregated from the office's own money.