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Current problems of the notarial practice

Authors: Ivan Toskov and Svetoslav Yordanov

The article makes an overview of current problems of the notarial practice and their effect on the civil circulation.

The article discusses a number of practical problems of the notarial practice, resulted by misinterpretation or wrong enforcement of the enacted Bulgarian legislation by a part of the Notary Publics and judges in the Land Registry, in different judicial regions. The basic reasons for creating and tolerating vicious notarial practices are outlined in the article. In the first place, such reason is the lack of sufficient court practice due to the unwillingness of the affected individuals to appeal unlawful deeds and rulings of the Notary Publics and judges. Another basic reason is the lack of entitlement of the Notary Chamber to unify and standardize the practice of the Notary Publics on controversial points with issuance of instructions and directions. Such notarial practices produce difficulties in the civil circulation as they introduce additional unnecessary formalities, and also quite often generate additional expenses within the notarial procedures for the persons involved who have no other option but to suffer and undertake these.

14.07.2020