Dr. Asbóth-Hermányi Lőrinc Bence

The purpose of the notarial profession is to prevent legal disputes and facilitate the enforcement of rights.

Before presenting the various areas of notarial activities, it is necessary to clarify the public legal status and legitimacy of notaries in Hungary, as well as their position within the country's public authority system.

The Act XLI of 1991 on Notaries (Kjtv.) reinstated the Latin-type, so-called "independent profession" notary system in Hungary after the nationalization of notaries in 1949.

Since January 1, 1992, notarial powers in Hungary have once again been exercised by independent, economically self-sufficient notaries who are not in an employment relationship with the state.

According to Section 1 of the Kjtv., the law endows notaries with public authenticity to provide impartial legal services to parties to prevent legal disputes.

Within their legally defined competence, notaries perform a quasi-judicial function as part of the state's judicial activities.

In judicial practice, it has never been disputed that the activities of notaries in non-litigious proceedings are considered public authority activities, regarded as part of the judicial process. An example is the probate procedure, where decisions made by the notary can be appealed to the second instance court, meaning the notary acts at the first instance.

Since 1992, the Constitutional Court has addressed the role of notaries in the rule of law in several decisions, highlighting that independent notaries engage in quasi-judicial activities as part of the justice system.

The unique nature of the notarial profession stems from the judicial and legal application system. The rules governing the notarial profession are of public law content, and the forms of notarial activities are prescribed and formalized by normative regulations.

Consequently, notarial activities cannot be associated with the right to free enterprise or the constitutional right to freely choose one's profession.

Notaries perform tasks derived from the state's sovereign powers and have public law entitlements. They issue public documents on legal transactions and legally significant facts, preserve documents, receive money, valuables, and securities from the parties for delivery to the entitled party, and assist the parties by providing advice within their competence to ensure the equal opportunity for the exercise of rights and fulfillment of obligations. They also conduct probate and other non-litigious procedures within their competence.

The institution of notaries is a part of the justice system aimed at preventing the emergence of legal disputes and providing legal prevention.

Unlike market participants, a notary cannot refuse a case within their competence and cannot choose among cases. The number of notaries is not influenced by free market conditions but is legally limited [15/1991. (XI. 26.) IM decree], currently totaling 315 notaries.

The remuneration for notarial activities is not a subject of free market agreement but is determined by law [22/2018. (VIII. 23.) IM decree] as fees and cost reimbursements for the notary's services.

Based on the above, it can be stated that all activities of a notary are public authority activities.

A notary exercises their public authority activities within the framework of non-litigious proceedings.

In summary, a notary practices their profession as an independent professional but under obligations similar to those of a judge.