Law firm Kolibanekova & Partners specializes in providing high quality legal services in the field of real estate in Sofia, Burgas and throughout Bulgaria. Within our practice, we often encounter various aspects of challenging and revoking notarial deeds, which is of considerable interest to our clients. The topic of a court case for challenging a notarial deed in Bulgaria includes a number of key issues that will be addressed in this article.
First, we will discuss the deadlines for challenging a declaratory notarial deed, as well as the specific procedures related to the circumstantial verification. These aspects are of paramount importance, since the statute of limitations for the revocation of a notarial deed can have a critical impact on the possibility of a successful challenge. We will also consider the application to a notary for drawing up a notarial deed, as well as the sale of property with such a deed.
An important element in the process is the annulment of a notarial deed by the Supreme Court of Cassation (Supreme Court of Cassation). Here we will dwell on the case law and the procedures for the cancellation of a notarial deed by a circumstantial check, as well as the possibilities of cancellation by judicial order. We will also provide an analysis of notarial deed cases and discuss the challenge of notarial deeds for purchase and sale, which is often the subject of litigation.
In addition, we will consider claims for the nullity of a notarial deed and issues related to the invalidity of transactions. We will explain when a notarial deed can be considered null and what are the legal consequences of a null transaction. We will also get acquainted with the concept of pending invalidity, as well as the procedures regulated by the Code of Civil Procedure (CPC).
Our law firm offers professional legal assistance and advice on all these issues, striving to provide the best possible service to our clients. Whether it's challenging a notarial deed or protecting your rights in real estate transactions, we're here to help. If you are looking for a good real estate lawyer in Sofia, Burgas and the whole of Bulgaria, do not hesitate to contact us.
The notarial certificate is a document certifying the right of ownership of real estate when the owner does not have the necessary documents of ownership or they are not enough. The issuance of a notarial notarial deed is regulated in the Code of Civil Procedure (CPC) and the Law on Notaries and Notarial Activities, and the process includes several basic steps and requirements.
First of all, when the owner does not have a document of his right, he can obtain one by establishing with due written evidence before the notary his right. If such evidence is absent or not sufficient, the notary carries out a circumstantial check for the acquisition of the property by statute of limitations by questioning three witnesses appointed by the mayor of the municipality, district or town hall in whose district the real estate is located (Art. 587, paras. 1 and 2 of the Civil Code). Witnesses are selected at the direction of the owner and, if possible, should be neighbors of the property.
Based on the collected evidence and witness testimony, the notary pronounces with a reasoned decree. If the decree recognizes the right of ownership, the notary issues to the applicant a notarial deed of ownership of the immovable property (Art. 587, para. 3 of the Civil Code).
The notarial deed contains mandatory requisites, including the year, month, day, place of issue, the name of the notary who issued it, the full name and unique civil number of the persons participating in the proceedings, as well as an exact description of the real estate with an indication of its boundaries and location (Art. 588, para. 1 of the Civil Code of Civil Procedure)).
The drafting of the notarial deed must be in two or more uniform copies, written or printed clearly and legibly (Art. 578, paras. 1 and 2 of the GPC). The identity of the persons appearing before the notary is established by an identity document, and if they do not have one, they certify their identity with two witnesses (art. 578, para. 5 of the GPC).
After the draft act is read to the persons involved, and they approve it, they write their name and put their signature before the notary. If the act has already been signed, the persons involved write their full name and confirm their signatures (Art. 579, para. 1 of the CPC).
The notary has the right to request in advance part of the fee due for carrying out the circumstantial verification when making the request (Art. 88, para. 2 of the Law on Notaries and Notarial Activities).
This process ensures that all necessary formalities are met and the right of ownership is duly certified, providing protection of the rights of real estate owners.
Filing a lawsuit to challenge a declaratory notarial deed is a complex process that requires careful compliance with the procedural requirements established in the Code of Civil Procedure (CPC) and the Property Act. This includes filing a lawsuit to establish the veracity or falsity of a document, as well as challenging the right of ownership of property recognized by a declaratory notarial deed.
The first step in the process is filing a lawsuit. According to Article 124 (1) of the GPC, anyone can bring an action to recover his right when it has been infringed or to establish the existence or non-existence of a legal relationship or right when he has an interest in doing so. This also includes a claim to establish the truth or falsity of a document, such as a notarial deed.
In order to initiate proceedings to challenge a declaratory notarial deed, the owner, who believes that his right has been violated, must file a statement of claim with the competent court. The statement of claim must contain full details of the parties, details of the property, as well as the legal grounds for the dispute. The application must describe and present the evidence that supports the plaintiff's claims.
According to Art. 108 of the Property Act (ZH), the owner may demand his property from any person who possesses or holds it without having any reason to do so. In this context, the claim under Art. 108 of the CC is used to restore possession of the property. In addition, Art. 109 of the ZC allows the owner to demand the termination of any unreasonable action that prevents him from exercising his right.
When filing a lawsuit challenging a notarial deed, the plaintiffmust prove three main facts - that he is the owner of the property, that the property is in possession of the defendant and that this possession is without legal basis. The burden of proving these circumstances lies with the plaintiff. In this process, the plaintiff may refer to witness testimony, written evidence, expert opinions and other relevant evidence.
In the course of the case, the court will consider all the evidence presented and will assess whether the notarial deed was issued in accordance with the legal requirements and whether the defendant actually has the right of ownership of the property. If the court finds that the notarial deed is untrue or that the plaintiff's property right has been violated, it may order the annulment of the deed and the restoration of the plaintiff's rights.
For example, in judicial practice, there are often cases when heirs challenge declaratory notarial deeds issued to third parties, claiming that they themselves are owners by inheritance and acquisition statute of limitations. In such cases, the court checks whether the heirs actually possessed the property during the required period and whether the possession was continuous and undisturbed.
In conclusion, the case for challenging a declaratory notarial deed is a legal instrument that allows owners to protect their rights to real estate. The procedure requires careful preparation of the statement of claim and the presentation of convincing evidence in support of the plaintiff's claims. Law firm Kolibanekova & Partners specializes in providing legal assistance and advice on all issues related to the challenge of notarial deeds and the protection of the rights of real estate owners.
According to the case-law, and in particular, according to Decision № 8 of 04.02.2021 in the case of the city of e. № 1265/2020 of the Supreme Court of Cassation, 2nd districtwhen the notarial deed is issued on the basis of documents on the basis of Art. 587, para. 1 GPC, it has the same legitimizing effect as the documents used for the conclusion of the notary. If these documents refute the conclusion of the notary about the belonging of the right to property or establish the possession of a volume of rights less than those certified by the notary, then the legitimizing effect of the notarial deed is refuted.
If the beneficiaries of the deed invoke an acquisition limitation period for the difference between the rights actually acquired by inheritance and the rights certified in the deed, they must prove that they have demonstrated to the other co-owners the possession of those rights. If the conquest is not demonstrated, the possession is hidden and the statute of limitations does not expire. The provision of a notarial deed in unilateral security proceedings does not demonstrate to the other co-owners the conquest of all or part of their rights.
Because of this,the term for challenging a declaratory notarial deed is five years from the date of its issuance.This period is preclusive, which means that its omission without good reasons leads to the extinction of the right to challenge in court and begins to run at the moment when the other co-owner becomes aware of the notarial deed or its possession is demonstrated in another way.
In the case law, as stated in Decision No. 153 of 10.07.2013 of the Supreme Court of Cassation of the Republic of Bulgaria, it is specified that the notarial deed under Article 587 of the Civil Code has binding evidentiary force for third parties and the court. That is, the legal conclusion of the notary about the existence of the right to property is considered true until proven otherwise by a decision that has entered into force.
In the event of a dispute, the burden of proof falls on the party who claims that the holder of the notarial deed is not or has ceased to be the owner. This requires the plaintiff to conduct a full retrospective, which includes refuting the facts underlying the acquisition ground specified in the act.
The acquisition limitation period, pursuant to Art. 79, para. 1 of the Property Act (ZP), is a means of acquiring the right of ownership of properties by actually exercising the content of these rights during a certain period of time. In the case of bona fide possession, the term for acquisition is five years, while for dishonest possession the term is ten years. It is important to note that the expiration of this period is not sufficient in itself for the materiel effect to occur; it is necessary for the holder to invoke the expired limitation period by filing a claim for property or an objection to such a claim.
In summary, the limitation period for challenging a notarial deed is five years from the knowledge of its issuance, and this period is preclusive. In order for the deed to be successfully challenged, the plaintiff must file a claim with the competent court within this period and prove the non-existence of the right of ownership recognized by the deed. Law firm Kolibanekova & Partners specializes in providing legal assistance and advice on all issues related to the challenge of notarial deeds and the protection of the rights of real estate owners.
The concept of “null notarial deed” exists in Bulgarian legislation and refers to cases in which the notarial deed does not produce its legal acts due to material violations in its issuance. Such violations may include a lack of powers of the notary, an incorrectly conducted procedure or other material errors that render the deed null and void.
The procedure for issuing notarial deeds is strictly regulated in the Code of Civil Procedure (CPC) and other normative acts. Notarial deeds are issued in accordance with certain rules and subject to established procedures. When these rules are violated, the notarial deed may be declared null and void. According to Art. 576 of the Civil Code, the notarial act is null and void when:
In some cases, errors in the notarial deed can be corrected without declaring the deed null and void. This includes incompleteness or errors that do not affect the essential requirements of the notarial act, such as an incorrectly spelled name or personal identification number. The correction in these cases is carried out by means of a note signed by the notary and the persons involved. If errors are found after the completion of the notarial proceedings, they can be corrected by a new notarial deed.
Notarial deeds may be revoked by filing a claim with the relevant competent court. Very rarely in practice we have encountered false certification of the right to property by the notary under a circumstantial check, but this is far from the case that it does not happen. In such cases, the notarial deed may be invalidated if it is proved that the notary's statement does not correspond to objective reality.
To file a claim to challenge a declaratory notarial deed, it is necessary to provide a copy of the notarial deed itself, evidence of your claims to property (such as other property documents or witness testimony), as well as evidence of the violation of the procedures when issuing the deed.
An appeal against a notary's refusal to perform notarization is carried out by filing a private complaint with the district court within seven days of the refusal. The court considers the appeal and, if it accepts it, cancels the refusal and orders the performance of the notarial act.
Correction of a notarial deed can be carried out by a note signed by the notary and the persons involved, if the error was identified during the notarial proceedings. If the error is found after the completion of the proceedings, a new notarial deed must be issued.
Circumstantial verification is a process in which a notary collects evidence by questioning witnesses to establish the right of ownership of real estate, when the owner does not have written documents about this right. Witnesses must be named by the owner and, if possible, be neighbors of the property.
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