Order of enforcement

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.