A közjegyzői intézmény átalakulása a rendszerváltáskor, 1987-1991

Abstract

The last socialist regulation on notaries pertaining to state-employed notaries came into force on 1 April 1984. However, this legislation was not enough to improve the situation of notaries in merit. The swift change of the economy and politics compelled a judicial reform, including radical changes in and acceleration of the notarial reform process. On 29 May 1988, university professor Kálmán Kulcsár was appointed Minister of Justice who was devoted to public law reforms. The other factor constituting the acceleration of notarial reform was the Austrian Chamber of Civil Law Notaries. The comprehensive regulation pertaining to civil law notaries was devised by Judit Bókai. The Bókai article on notarial reform generated debate due to its novel approach. Those conferences, study trips and preparatory trainings which paved the way for the establishment of the Hungarian notarial profession as a liberal profession were key factors in converting the Hungarian notariat into a Latin-type notarial institution. The Austrian Chamber of Civil Law Notaries (ÖNK) and the Austrian Academy of Civil Law Notaries (ÖnotAK) decided in the summer of 1989 to organise the 1st Colloquium of Central European Notaries in Keszthely. Consequently, a professional collaboration was launched between the Hungarian and Austrian notaries, which worked on a regular basis up until the setting up of the new notarial system. On 29 November 1990 the first draft version of the legislation on civil law notaries was put on the table as the result of the mutual effort of Judit Bókai and István Vida, head of department in charge of codification. Parliament enacted the Act on civil law notaries on 10 September 1991. It may be said that notwithstanding the bulk of legislation passed during transition the Notaries Act has well stood the test of time. Upon the renewal of the notarial profession, the Act favourably combined former legislation on civil law notaries and contemporary principles concerning notarial regulation in use in Western Europe. The co-existence of a number of favourable societal and economic factors enabled the notarial profession to change tracks and run its course as an institution which is still thriving as to date

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