The activities of notaries are supervised by organs of the Ministry of Justice and the national Chamber. The notaries operate under self-governance.

The bodies of self-government:

• the territorial chambers of civil law notaries
• the presidency of the territorial chambers
• the Hungarian Chamber of Civil Law Notaries

The bodies of self-government are legal persons, eligible to use the coat of arms of the State. The notary becomes a member of the given territorial chamber by his appointment. The trainee and deputy notary becomes a member of the territorial chamber by being enrolled in the registry of the chamber. The self-government of notaries represents and protects the interests and authority of the notariat, as well as participates in the preparatory work for legislation regarding notaries. The territorial chambers are public bodies, which consist of the notaries appointed within their respective area of jurisdiction, and the deputy and trainee notaries enrolled in the registry of the chamber. There are five territorial chambers in Hungary having their seat in Budapest, Győr, Pécs, Szeged and Miskolc.

Territorial chambers

The general assembly of the territorial chamber elects its presidency and president at elections held every four years. The presidency exercises supervision over the professional work of the members, as well as statutory control, may instigate disciplinary procedures, and provides assistance in filling up notarial vacancies.

The activities of notaries are supervised by organs of the Ministry of Justice and the national Chamber. The notaries operate under self-governance.

The bodies of self-government:

• the territorial chambers of civil law notaries
• the presidency of the territorial chambers
• the Hungarian Chamber of Civil Law Notaries

The bodies of self-government are legal persons, eligible to use the coat of arms of the State. The notary becomes a member of the given territorial chamber by his appointment. The trainee and deputy notary becomes a member of the territorial chamber by being enrolled in the registry of the chamber. The self-government of notaries represents and protects the interests and authority of the notariat, as well as participates in the preparatory work for legislation regarding notaries. The territorial chambers are public bodies, which consist of the notaries appointed within their respective area of jurisdiction, and the deputy and trainee notaries enrolled in the registry of the chamber. There are five territorial chambers in Hungary having their seat in Budapest, Győr, Pécs, Szeged and Miskolc.

Hungarian Chamber of Civil Law Notaries The Hungarian Chamber of Civil Law Notaries consists of the territorial chambers. The National Chamber Public Body, which as the supreme body of self-government represents the notariat and its organisations, provides the chambers with conditions to operate, is involved in preparatory legislative work, and issues guidelines pertaining to the activities of notaries, as well as trainee and deputy notaries.

The bodies of the national Chamber are: the Board, the Presidency, the President and the Auditors. The Board which consists of the delegates of the territorial chambers and is convened regularly is empowered to decide issues of strategic importance. The bodies of the national chamber are elected for a mandate of four years.

The national President represents the national Chamber, its Board and Presidency, chairs the sittings of the national Presidency and Board, and undertakes to prepare and implement their resolutions.

The European order for payment procedure is an alternative way for the claimant to pursue his claim in cross-border civil and commercial matters.

The procedure is governed in the first place by Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure (hereinafter: EuOPR), and in procedural matters not expressly governed by the EuOPR, the national law shall be applied – in Hungary Act L of 2009 on the order for payment procedure (hereinafter: Fmhtv.) and Act III of 1952 on the Code of Civil Procedure (hereinafter: Pp.).

In Hungary, the procedure falls within the competence of civil law notaries. Applications shall be submitted only in paper form and only to the civil law notary, who produces the documents in paper form and makes them served to the parties. Application can be submitted to any civil law notary.

Scope of application

The EuOPR applies to pecuniary claims for a specific amount that have fallen due arising out of cross-border civil and commercial matters. The EuOPR shall not apply to claims for acts and omissions in the exercise of State authority, to rights in property arising out of a matrimonial relationship, wills and succession, and – with certain exceptions – to claims arising from non-contractual obligations. Contrary to the Hungarian payment order procedure, claims falling under the scope of EuOPR can be collected regardless of the value of the claim.

A case is of cross-border nature if at least one of the parties is domiciled or habitually resident in a Member State other than the Member State of the court (in Hungary: civil law notary) seized. European order for payment procedure cannot be initiated in Denmark.

In Hungary, the procedure can be initiated as follows:

The rules on jurisdiction are mainly governed by Regulation (EU) 1215/2012 of the European Parliament and of the Council, but Council Regulation (EC) 4/2009, international agreements and the law of the court seized (lex fori, in case the defendant is domiciled in a third state) is also applicable. If the claimant collects a claim arising out of a consumer contract and the defendant is the consumer, jurisdiction is determined by Article 6 (2) of EuOPR which provides that only the courts in the Member State in which the defendant is domiciled shall have jurisdiction.

The procedure

The European order for payment procedure is initiated by an application. The application shall be submitted using standard form “A” as set out in Annex I of EuOPR. The standard form “A” is available in every official language of the European Union and is accessible on the e-justice portal: https://e-justice.europa.eu/content_european_payment_order_forms-156-hu.do.

The application must be filled in in the language or one of the languages accepted by the court (in Hungary: the civil law notary) to be seized. In case the application is submitted to a Hungarian civil law notary, the application must be filled in in Hungarian and a copy of the application filled in in the official language of the Member State where the defendant is domiciled or habitually resident should also be submitted, since the civil law notary has to send a copy of the application to the defendant as well (the translation can be arranged through the e-justice portal). It is not necessary to attach any evidence or attachment to the application; however the evidence supporting the claim shall be described in the application.

There is no right of appeal against the rejection of the application.

If the examination of the application does not result in rejection, the civil law notary issues, as soon as possible and normally within 30 days of the lodging of the application, a European order for payment using standard form “E” as set out in Annex V of EuOPR, together with a copy of the application.

The European order for payment is served according to the rules of Fmhtv. and Pp. in Hungary and according to Regulation (EC) No 1393/2007 in other Member States.

If the defendant submits a statement of opposition, the proceedings continue before the competent courts of the Member State of origin – in case of a European order for payment issued by a Hungarian civil law notary, before the competent Hungarian court.

If the defendant doesn’t submit a statement of opposition, the European order for payment becomes enforceable which is declared by the civil law notary using standard form “G”.

Enforcement in Hungary or in another state

Enforcement of an enforceable European order for payment can be applied for in the Member State where the defendant has enforceable assets. Enforcement procedures are governed by the law of the Member State of enforcement.

If enforcement is applied for in another Member State, the European order for payment declared enforceable in Hungary using standard form “G” can be used directly – i.e. without the European order for payment being declared enforceable in that Member State – to apply for enforcement at the competent court in the other Member State (with the exception of Denmark).

Enforcement can be applied for in other states as follows:

If enforcement is applied for in Hungary on the basis of a European order for payment issued in Hungary, the rules of Act LIII of 1994 on judicial enforcement shall be applied and the civil law notary issuing the European payment order issues a certificate of enforcement.

Fee

Procedural fee must be paid for the civil law notary. For further information on the fee please refer to, A közjegyzői díjszabás A közjegyzői díjszabás (A közjegyzőről > A közjegyzői tevékenység > A közjegyzői díjszabás) .

National rules on inheritance vary considerably between Member States (as to, for example, who inherits, what the portions and reserved shares are, how wide the testamentary freedom is, how the estate is to be administered, how wide the heirs’ liability of debts is, etc.). In cross-border inheritance cases, it is necessary to determine which court has jurisdiction to deal with the case and which law applies to the case.

A major step to facilitate cross-border successions was the adoption, on 4 July 2012, of new Union rules designed to make it easier for citizens to handle the legal aspects of an international succession. These new rules apply to the succession of those who die on or after 17 August 2015.

The Regulation ensures that a cross-border succession is treated coherently, under a single law and by one single authority. In principle, the courts of the Member State in which citizens had their last habitual residence will have jurisdiction to deal with the succession and the law of this Member State will apply. However, citizens can choose that the law that should apply to their succession should be the law of their country of nationality. The application of a single law by a single authority to a cross-border succession avoids parallel proceedings with possibly conflicting judicial decisions. It also ensures that decisions given in a Member State are recognised throughout the Union without the need for any special procedure.

The Regulation also introduces a European Certificate of Succession (ECS). This document issued by the authority dealing with the succession can be used by heirs, legatees, executors of wills and administrators of the estate to prove their status and exercise their rights or powers in other Member States. Once issued, the ECS will be recognised in all Member States without any special procedure being required.

On 9 December 2014, the Commission adopted an Implementing Regulation establishing the forms to be used under the Succession Regulation:

• Word(274 Kb)
• PDF(800 Kb)

Among these forms is the European Certificate of Succession:

• Word(159 Kb)
• PDF(486 Kb)

The e-Justice Portal will soon offer the possibility to complete these forms on-line.

Denmark, Ireland and the United Kingdom do not participate in the Regulation. As a result, cross-border succession procedures handled by the authorities of these three Member States will continue to be governed by their national rules.

Matters of inheritance tax law are excluded from the scope of the Regulation.

You will find information about the new EU succession rules in this leaflet.

Official notifications made by the Member States participating in the Regulation can be found here:

• notification pursuant Article 78(345 KB)
• notification pursuant Article 79(181 KB)

Please click on the relevant country flag on this page to consult the information sheets on national succession law and procedures in each Member State. These information sheets were prepared by the European Judicial Network in civil and commercial matters (EJN-civil) in cooperation with the Council of the Notariats of the EU (CNUE).

Successions in Europe, a site proposed by CNUE, can help you find answers to questions on succession in 22 Member States.

If you would like to find a notary in a Member State, you can use the Find a notary search tool provided by the European Commission in cooperation with participating notaries associations.

National rules on registration of wills vary considerably. In some Member States, the person that makes a will (the “testator”) must register it. In other Member States, registration is recommended or concerns only certain types of wills. In a few Member States, registers of wills do not exist.

If you need to know how to register a will in a Member State or whether a deceased person had made a will, you can consult the information sheets prepared by the European Network of the Registers of Wills Association (ENRWA) available in 3-4 languages. These information sheets explain how to register a will in each Member State and give advice on how to find a will in each Member State.

Source
https://e-justice.europa.eu/home.do
In Hungary, the procedure can be initiated as follows:

The European Enforcement Order is a simple procedure that can be used for uncontested cross-border claims. This procedure allows a judgment in an uncontested claim delivered in one Member State to be easily recognised and enforced in another Member State.

To have a judgment certified as a European Enforcement Order (EEO), the judge uses a standard form, which can be found in all languages at the European Judicial Atlas in civil matters.

Once the European Enforcement Order has been issued by the court, it must be sent to the enforcement authority of the Member State where the debtor lives or where his/her assets are.

As well as the European Enforcement Order, a copy of the original judgment must be sent, and a translation of the European Enforcement Order certificate may be required, depending on what languages are accepted by the enforcement authority in the other Member State. No other formalities are required, and the judgment can be enforced in the other Member State.

Related link
Practice guide for the application of the Regulation on the European Enforcement Order(1310 Kb)

Source
https://e-justice.europa.eu/home.do

By virtue of Section 1 (4) of Act XLI of 1991 on civil law notaries (hereinafter Notaries Act) ‘Within his/her statutory competence, the civil law notary shall act as a jurisdictional authority as part of the administration of justice of the State.’ Pursuant to the Hungarian legal system the activities of civil law notaries, whether drawing up deeds or conducting non-contentious procedures – with regard to pertaining provisions of law, as well as relevant decisions of the Constitutional Court and the Curia (the Supreme Court) – fall within the sphere of public authority.

a) The Constitutional Court in its decision No. 944/B/1994 in which they also determined the position of the notariat within the Hungarian legal system states as follows: ‘Notarial activities form part of the jurisdictional power of the State. […] The notariat is part of the justice system of the State. […] As the notariat is part of the administration of justice of the State, […] accordingly its structure corresponds to that of the judicature. […][The] particular feature of the notarial profession stems from the administration of justice and jurisdictional authority.’

b) The Supreme Court in its uniformity decision in civil matters No. 3/2004 set forth the following in respect of the jurisdictional nature of notarial activities as a whole: ‘The institution of the notariat as such is that particular part of the administration of justice whose goal is to prevent disputes, thus it is legal prevention. […] [A] The public status of a civil law notary is very close to that of a judge (prosecutor). The provisions of the Notaries Act pertaining to civil law notaries with respect to the conditions of their appointment (§ 17), conflict of interest [§ 7 § (1)], decent behaviour (§ 8), the prohibition of transfer without consent [§ 20 (1)], the upper age limit for termination of service [§ 22 f)] are substantially the same as the provisions related to judges in identical issues. The disqualification of a notary shall be governed by the same provisions as those pertaining to the recusation of a judge pursuant to the Code of Civil Procedure (§ 4). […] A notary is independent similarly to a judge acting only subject to law and may not be ordered [§ 2 (1)]. The activity of a notary is vested in authenticity and public faith [§ 1 (1)], and his person is endowed with public trust (§ 8). The notary is under an obligation to be impartial and proceed unbiased [§ 1 (1), § 2 (2)].’

The Supreme Court established in the aforementioned decision that all proceedings of a civil law notary are non-contentious.

The new Fundamental Law of Hungary even extends over the above. It may be drawn as an inference from Article 25 (2) and (7) that the primary function of the courts of law is to deliver judgements in civil and criminal matters. The Fundamental Law provides constitutional authorisation that with respect to particular disputes statute may empower other out-of-court bodies to conduct procedures.[1]

The prevention of disputes is the objective of the institution which is achieved by acting as an independent authority enforcing the law, providing disinterested jurisdiction in an official capacity by means of authenticity and public faith. The notariat relieves the courts of law in two ways, thus enhancing legal certainty and the efficiency of transactions: on the one hand directly by taking over tasks which fall outside of making judgements (i.e., preparing instruments, various non-contentious procedures preventing litigation), and indirectly on the other by exercising such competences. The latter is accomplished by the fact that a right to enforcement may be exercised as a result of the notarial procedure, in particular cases the notary’s decision also has a res iudicata effect[2], and provides the parties with such compelling probative force which deters them to a considerable extent from taking legal action in the future.

Appointment and becoming a civil law notary

In Hungary due to the official nature and constitutional status of a civil law notary in exercising public authority a notary may only assume office as a result of a successful application procedure and the appointment of the Minister of Justice. Only Hungarian citizens are eligible to apply for a notarial seat. The appointment is the sole event when the notary is commissioned by the State to fulfil tasks forming part of the justice system upon the request of clients. The territorial jurisdiction of civil law notaries generally corresponds to the territorial jurisdiction of the relevant district court, they may not proceed outside such limits. The civil law notary is under an obligation to act upon the request of clients and may not consider it from a financial perspective whether it is lucrative enough or not. However, cooperation is to be declined in the event that the client’s request is deemed unlawful or has an underlying purpose to bypass the law. The number of notaries and their tariffs is governed by a regulation of the Minister of Justice.

In Hungary notaries must hold a law degree in order to qualify for a seat. Furthermore, they must obtain practice by working for a notary being employed first as a trainee (candidate notary), then following a three-year period as a deputy notary provided they have passed the bar examinations. A deputy notary acts independently under the full financial and professional liability of the notary. Subsequent to three years of such practice, the deputy may substitute the notary all on his/her own assuming full liability in case of the illness of the notary or leave, and may apply for a vacant seat.

Independence, irremovability, impartiality

The status of a notary is the closest in nature to that of a judge. The notary enforces the law independently only subject to law and may not be ordered. Every decision of the notary may be appealed – save for some exceptions – as that of a first instance court. The notary’s institutional autonomy is also reinforced by the fact that he/she may only be assigned to another seat if he/she so requests. The independence of a notary is further supported by the mandatory provision prescribing that apart from holding public office he/she may only be engaged in scientific, artistic, literary, educational, creative technical, and sports activities as a form of gainful occupation. The notary is obliged to report any such gainful occupation to the presidency of the territorial chamber.

The notary is under an obligation to act impartially. If certain circumstances apply specified by law, or cannot remain unbiased for some reason, he/she may decline to proceed with a formal decision which may be appealed against.

[1] See in detail: Adél Köblös: The Civil Law Notaries and the Fundamental Law. In Magyar Jog (Hungarian Law Journal) Issue No. 3/2014, pp. 129–136.

[2] Approval of settlements having a binding effect related to probate and other non-contentious proceedings, binding and final order for payment, conclusive decree dissolving registered partnerships.

Disciplinary liability

The civil law notary who infringes professional rules prescribed by law commits a disciplinary offence and consequently disciplinary sanctions may be imposed. The lightest of such sanctions is reprimand, the most severe one is removal from office. Disciplinary sanctions are imposed by the disciplinary council of the regional court operating at the seat of the relevant territorial chamber at first instance, whilst on second instance the notarial council at the Curia decides.

Financial liability

The notary is obliged to compensate any damage caused within the scope of his professional activities and is liable to pay a penalty for the infringement of any personality rights pursuant to Section 6: 549 (2) Act V of 2013 on the Civil Code (hereinafter CC) which states that the same provisions apply as appropriate to the liability for damages caused due to the professional malpractice of a notary or court bailiff as to the liability for damages caused when exercising administrative authority. A claim for damages may be filed only if ordinary remedies have been exhausted. To cover potential claims for damages civil law notaries have to take up a professional indemnity insurance worth 50 million forints (164,000 EUR). This is the highest coverage of liability insurance among Hungarian legal professionals.

A general overview

The civil law notary in continental jurisdictions is always a legal professional holding a law degree, and apart from authentications is also engaged in preparing instruments which provide attestations and incorporate transactions. Due to the notary’s legal status, his instruments are deemed authentic public deeds. The preparation of notarial deeds are governed by law which if not complied with in any way the instrument in question may lose its public deed nature and even result in the invalidity of the transaction incorporated therein. The process of preparing an authentic instrument is non-contentious procedure. It may be considered atypical as it is not closed by a decree but by the instrument itself. Clients submit a request to the notary for the drawing up of a notarial deed. The notary is under an obligation to prepare the deed without any discretion, and may only decline to do so if the intent of the parties is unlawful, or purports to bypass the law. The notary has to issue a decree on the rejection of such request which may be appealed against before the relevant regional court. The executed deed may be corrected in the case of some clerical errors upon the request of the parties by the notary issuing the decree. Parties have a right of appeal against the decree.

Notarial deeds

The notarial deed certifies the expressed intent relating to the legal transaction at issue with authenticity, thus the notary apart from a thorough verification of personal identity, becomes aware of the intentions of the parties, or in case of a unilateral declaration of the party concerned and prepares the public deed accordingly. The notarial deed must be read out and explained to the client at all events.

When reading out the deed the notary may ask for the assistance of auxiliaries, such as interpreters, or persons using sign language. Personal participation when reading out is an indispensable element in preparing deeds. If a commitment undertaken in the form of a notarial deed complies with the requirements set out in Section 23/A of the Enforcement Act such commitment may be enforced directly without any court proceeding as such authentic instrument has the same effect as a court judgement.

Notarial certificates

Attestations in the form of notarial deeds provide authentic proof of facts having legal relevance by way of records drawn up or an authentication clause attached to it. The notary describes facts that have occurred in his presence in such a notarial deed. The attestation need not comply with the intentions of the parties, because its accuracy and trustworthiness lies in the very fact that it may contain disadvantageous or adverse pieces of information for the party having initiated the procedure. The significance of attestations rests on their qualified probative force. Attestations are twofold: they may be drawn up in minutes or they may testify by a notarial clause.

Attestations drawn up in a record

Attestations drawn up in a record are the original forms of attestations, which resemble court records as to formalities. All attestations must be made in the form of records unless the law specifically provides for certificates in clause form. Attestations by way of minutes are extremely widespread. Such classical forms of attestations are the ones on the communication of declarations or certification of delivery, meetings and resolutions, protests of promissory notes, cheques, or other securities, mystery shopping, some form of performance or the lack thereof, and draws, where public opinion considers the presence of a notary as a guarantee of fair procedure.

The authentication clause

The Notaries Act specifies which type of attestations may be made by attaching a notarial clause to them. This goes back to historical reasons, as half a century ago such types were also made in the form of records, but due to their volume and identical structure they were simplified to certifying clauses.

Attestations by way of an authentication clause may be made on the following:

a) that thephotocopy of a document is true and faithful to the original as presented to the notary,
b) that a translation is accurate,
c) that a signature or initial is authentic,
d) the date of presenting an instrument,
e) the content of an authentic public register.

Apart from the aforementioned types the notary may not issue an attestation by way of a notarial clause.

Other non-contentious procedures

All procedures conducted by notaries whilst exercising public authority are non-contentious. A notarial procedure or decision – pursuant to the Notaries Act § 172 (1) inter alia – is equivalent in effect to a judicial procedure or decision, thus an appeal may be lodged with the relevant regional court against the decision of a notary. The procedures listed below may be labelled as classical non-contentious procedures as they are initiated upon request or ex officio, and are concluded by a decree at all events which may be appealed against.

By virtue of Section 2 (1) of Act XXXVIII of 2010 on probate proceedings (hereinafter Probate Act) probate proceedings are non-contentious civil procedures in which the notary’s procedure is equivalent to the procedure of a court of first instance, and may deliver decisions having the same effect as a court judgement. The decisions of notaries may be appealed against to the regional courts.

The aim of the probate procedure is to establish succession as to the property of the deceased. The notary having jurisdiction in conducting such procedure is determined by the last domestic domicile or place of residence of the deceased; failing this depending on the place of the estate where death occurred, failing this depending on the location of the estate, or if none of these apply the Hungarian Chamber of Civil Law Notaries designates a notary to conduct the case upon the request of an interested party in succession. The above shall apply in the respective consecutive order.

It is the task of the notary to provide independent and impartial assistance to the parties concerned in the probate proceeding, and to inform them on their rights and obligations. The notarial procedure is preceded by the preparatory work of the competent local government corresponding to the jurisdiction of the notary’s seat in charge of the probate procedure. Following the town clerk’s inventory of the estate the notary proceeds to prepare the probate hearing. The notary shall only set a date for the hearing if all necessary data are available to clarify the facts of the case. Due to the fact that the notary is required to pursue correspondence with the authorities or organisations concerned by postal service, the preparation for the hearing may take several months.

Following the preparations the notary may set a date for the probate hearing. Parties concerned in the probate proceeding are summoned. If a person in spite of having been duly summoned fails to attend the hearing personally or by a representative, it shall not prevent the notary from holding the hearing and awarding the estate or closing the procedure by way of some other decree.

The heir may convey a part or the whole estate to a co-heir, an heir not directly concerned in the probate proceeding, or an estate creditor at the probate hearing. It is in the interest of the heir that the acquiring party be present at the hearing, or have his/her statement filed. Failing this the notary shall not take the transfer of the estate into consideration. The surviving spouse, or heirs in rem may also request the redemption of the right of survivorship of the spouse at the hearing.

The parties (interested parties in the probate proceedings) and representatives shall exercise their rights in good faith, and are obliged to fulfil their obligations related to the proceeding. They are under an obligation to present or submit their statements and facts in due time – depending on the phase of the proceedings – to enhance the diligent management of the procedure.

At the hearing the notary establishes the facts required for the award of the estate (decision on the assets), the prevailing order of succession in the specific case, and that who and on what grounds has claims as against the estate subject to the expressed statements and the available documents. Upon the clarification of the facts of the case, the level of kinship between the deceased and the person claiming to be the heir has also to be established.

Following the closing of the probate hearing the notary delivers the decree and announces the award of the estate, against which an appeal may be lodged to the regional court with jurisdiction in the territory of the seat of the notary.

The costs of a probate proceeding consist of a fee and costs specified by the regulation on notarial rates and tariffs (notarial remuneration). The remuneration of the notary shall be borne by the heir(s); in the absence of such a person, the person who submitted a claim as against the estate. If several people are liable to pay for the probate procedure in advance or otherwise, such liability shall be joint and several.

It must be pointed out that the Hungarian notary does not only assist in the probate procedure, his/her involvement is not of a preparatory or ancillary nature, but conducts the whole procedure from its commencement to the end, and exercises discretionary and decision making powers when establishing the facts and delivering decisions in the course of the proceedings. Moreover, in particular phases of the procedure pursuant to the general provisions of Act III of 1952 on the Code of Civil Procedure (hereinafter CCP) conducts an evidentiary procedure [e.g. Probate Act § 97 (2)]. A settlement approved by a notary’s decree has the same effect as a settlement approved by a court, that is, such a notarial decree not merely has formal but substantive force as well (res iudicata).

The National Register of Wills is a central electronic registry for the data of notarial or deposited private wills which is governed by the rules laid down in Ministerial Regulation No. 4/2009. (III. 6.) IRM. The Register is maintained by the Hungarian Chamber of Civil law Notaries. The notary is under a legal obligation to register the notarial will (last will and testament, contract of inheritance, testamentary gift, and renunciation of succession), the will deposited with the notary either in an open or sealed envelope, and the amendment, revocation or withdrawal thereof, whilst informing the clients on the registration but carrying it out nevertheless even against their will if necessary.

The Archives of the Hungarian Chamber of Civil Law Notaries registers a will prepared by or deposited with a court, an attorney, or a Hungarian consular representative, if such will is located at the court, the attorney or the National Archives of the Hungarian Bar Association, or at the Hungarian consular representative, and the testator granted his/her consent in writing thereto.

In Hungary all probate proceedings fall within the competence of notaries. The proceeding competent notary simultaneously to filing a docket number for the probate case is under an obligation to make a query whether the deceased had any will registered in the system. In the event of an affirmative answer, the notary has to find the notary or attorney safekeeping the will to attach a copy of it to the probate file.

Registration of a will and retrieval is free of charge.

The order for payment procedure falls within the competence of notaries; it is a rapid and efficient method for the recovery of pecuniary claims. It is mandatory in case of overdue monetary claims not exceeding 3 million forints, that is the claimant may not file a suit. If the value of the claim is between 3 million and 30 million forints, the claimant may decide whether to take legal action or not.

An order for payment may not be issued if:

– the defendant has no known address of summons in Hungary,
– the claim arises from employment and its subject matter pertains to the commencement, modification or termination of the employment, or to monetary compensation payable in the event of any infringement by the employee of obligations originating from employment, or to damages awarded in disciplinary proceedings related to professional misconduct.
– the value of the claim exceeds 30 million forints.

In the above cases pecuniary claims may be recovered through court proceedings.

The claimant in an order for payment procedure submits an electronic petition to the Chamber to issue an order for payment. The Chamber assigns the case electronically to a notary who has to issue the order within 72 hours of receipt. The order for payment is then served on the defendant who has 15 days to submit a statement of opposition. In the event of an opposition the case is referred to a court. In the absence of an opposition the claimant will have an enforceable instrument equivalent in effect to a court judgement in three weeks at a low cost. On the basis of five years practice it may be pointed out that defendants submit a statement of opposition only in 6-7% of the cases. The unique feature of the procedure lies in its electronic accessibility, as if the debtor fails to satisfy the debts voluntarily the claimant may request the issuance of a certificate of enforcement by electronic means which is then forwarded by the notary to the chamber of court bailiffs where in turn it will be allocated electronically to a proceeding bailiff. Enforcement may be commenced within six weeks of submitting the petition.

Natural persons, condominiums, or not-for-profit general (Kkt.) and limited partnerships (Bt.) who have no legal representatives may also submit their applications for the issuance of an order for payment either orally or paper-based before any notary.

A procedural fee is to be paid by the claimant when the submission is made. The extent of such fee is calculated based on the value of the pecuniary claim outstanding at the time of initiating the procedure without including any additional costs (fee basis), which is 3% , minimum 8000 forints, plus 1600 forints per the number of parties involved in the procedure, but maximum 300,000 forints.

In Hungary 70% percent of judicial enforcements are ordered by the notaries. These can be divided into two major groups: on the one hand, enforcement clauses affixed to notarial deeds, and to notarial deeds on pledge agreements, and on the other the issuance of a certificate of enforcement in case of notarial decisions containing condemnation, settlements approved by a notary, a list of charges issued on fees and costs related to non-contentious notarial procedures, binding Hungarian and European orders for payment

A notary is only entitled to affix an enforcement clause to the notarial deed if it contains (1) a commitment, either unilateral or reciprocal for consideration, (2) the names of the obligee and obligor, (3) the subject matter, quantity (amount) and legal grounds of the commitment or obligation, (4) the manner and deadline for performance, and (5) the claim incorporated into the notarial deed falls under judicial enforcement and the deadline for performance has expired. The enforceability of a deed if the underlying obligation is rendered contingent upon some condition or date also requires that the occurrence of such condition or date is certified by an authentic instrument. Furthermore, the notary attaches an enforcement clause to an authentic instrument incorporating a pledge agreement if the time limit for performance has expired.

The notary may issue a certificate of enforcement if the decision to be enforced (1) contains a payment obligation (condemnation), (2) is final or may be enforced on a preliminary basis, (3) the time limit for performance has expired. An enforceable instrument may still be issued subject to a settlement approved by a notary even if an appeal has been lodged against the decree on such approval.

These procedures allow that on the basis of expert reports or an evidentiary procedure subject to a jurisdictional decision equivalent in effect to a local judge’s ruling the parties reach a settlement without having recourse to legal action, thus relieving the courts of law by reducing the number of court proceedings overburdening the system.

Designation of a forensic expert

Pursuant to Act XLV of 2008 on particular non-contentious notarial procedures the designation of a forensic expert may be requested from the notary if special expertise is required to judge or establish facts or other circumstances of primary importance for the applicant, and there is no related court proceeding pending. In contrast to the procedure of preliminary evidence no opposing party has to be indicated.

The appointment of a forensic expert may be requested by submitting an application which shall contain the following:

• the applicant’s name and domicile (registered office),
• an express request to conduct the procedure,
• reasons for the application, a brief summary of the facts,
• subject and venue of the expert inspection,
• issues on which the expert is required to present an opinion,
• indication of the competent notary, data to establish the jurisdiction of the notary.

The notary may appoint a forensic expert from the registry of experts, an entity authorized to give expert reports, an expert institution or a government body or institution specified in other laws. Exceptionally, merely in the absence of the above, may other experts be designated. The expert has to submit the expert report within 30 days from the receipt of the designation. This time limit may be extended by a maximum of 30 days in one instance at the request of the expert if filed within the original deadline. The expert opinion may be the basis for a settlement, but in case of a subsequent lawsuit it may be used as evidence.

Preliminary evidence

Pursuant to Act XLV of 2008 on particular non-contentious notarial procedures the notary may conduct a preliminary procedure to preserve and secure evidence thus enhancing a simplified and rapid enforcement of rights.

By way of this procedure the parties may obtain evidence before initiating a lawsuit in order to resolve their dispute, which – in case it goes to court – may be used directly at the trial accelerating the outcome, or may promote an out-of-court settlement.

A preliminary procedure may take place if

• there is reasonable cause to suggest that the taking of evidence could not be performed successfully during a later hearing or it would entail considerable difficulties,
• it is plausible that the preliminary procedure facilitates to decide the dispute,
• the party concerned is under a warranty obligation for the deficiencies of some goods
• the preliminary procedure of evidence is permitted by specific legislation,
• the applicant has a legal interest in acquiring the evidence – especially in the establishment of any relevant fact or condition.

In this procedure, in contrast to the appointment of an official expert, the opponent has to be indicated.

In case there is already a pending civil or criminal proceeding related to the matter at issue the preliminary evidence may not take place before the notary.

Upon the request of the applicant the notary may arrange for the appointment of a forensic expert if it is deemed necessary for the procedure.

Preliminary evidence may be initiated by submitting an application to a competent notary. The notary is obliged to hear both sides and record their statements in minutes.