Hungarian notaries authenticate property transfers, wills, and company documents. Counter-signed real estate contracts have the force of enforceable court orders, enabling direct enforcement without litigation.
The közjegyző is Hungary's civil-law notary, appointed by the Minister of Justice and supervised by the Hungarian Chamber of Notaries (Magyar Országos Közjegyzői Kamara). Hungarian notaries authenticate legal documents, ensure the parties understand their obligations, and produce documents with special legal effect. Notarial counter-signature (ügyvédi ellenjegyzés or közjegyzői okirat) of real estate contracts is a fundamental feature of Hungarian property law.
In Hungarian property transactions, the purchase contract (adásvételi szerződés) must be counter-signed either by a Hungarian attorney-at-law (ügyvéd) or executed in the form of a notarial deed (közjegyzői okirat). The attorney counter-signature verifies the identities of the parties, their legal capacity, and the voluntariness of the agreement. The counter-signed agreement is then filed by the attorney or notary with the land registry (Földhivatal / ingatlan-nyilvántartás) for registration.
A contract executed in notarial deed form (közokirat) has special legal significance in Hungary: it constitutes an executory title (végrehajtható okirat), meaning that if either party breaches its obligations, the other party can proceed directly to court enforcement (bírósági végrehajtás) without first obtaining a court judgment. This makes notarial deeds significantly stronger than attorney-countersigned private contracts for large or complex transactions.
Hungarian notaries are also central to inheritance proceedings. They conduct hagyatéki eljárás (succession proceedings) on behalf of courts, verify wills, ascertain heirs, and value the estate. Real estate passing by inheritance is registered in the land register upon presentation of the notarial hagyatéki átadó végzés (succession award). Non-resident heirs inheriting Hungarian real estate should engage a Hungarian lawyer to navigate the succession process.
Notary fees in Hungary are regulated by Government Decree (31/2008. (II.21.) Korm. rendelet) and are calculated on a percentage basis relative to the transaction value. For a property purchase of 50,000,000 HUF (~€125,000), the notarial fee is approximately 120,000–180,000 HUF + VAT. Attorney counter-signature fees are separately negotiated with the advising lawyer.
The contract must be either counter-signed by a Hungarian attorney (ügyvéd) or executed as a notarial deed (közjegyzői okirat). Pure private contracts without either authentication are invalid for land registry purposes and have no legal effect for property transfer. The notarial deed form provides stronger enforcement rights.
An executory title is a document that can be directly enforced through the court enforcement system without first obtaining a court judgment. In Hungarian property law, a notarial deed constitutes an executory title — if the seller fails to perform after signing a notarial deed, the buyer can proceed immediately to enforcement rather than first litigating to obtain a judgment.
Hungarian inheritance proceedings (hagyatéki eljárás) are conducted by notaries. The notary verifies the will, identifies heirs, values assets, and issues a succession award. Real estate transfers to heirs upon registration of this award in the land register. Non-resident heirs should engage a Hungarian lawyer to represent them in the succession proceedings.
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