1. In your legal system, does the authentic instrument have enhanced probative value? What are the rules that provide that?
Yes. CPC (Civil Procedure Code) Art. 179. (1) Official document, issued by the officials within their competence according to the established form and procedure, constitutes evidence as for the statements made in their presence and actions done by them or in their presence. (2) Formally certified copies or extracts from official documents have the same evidentiary effect as the originals. In accordance with Art. 93 NC (Notary Code), Notary is an official. [Art. 93. The words and phrases mentioned below in the Code should be interpreted as follows: “an official” is the officer, paid or not, temporarily or continually, who is assigned: a) a job in a Government Institution except the ones carrying out material tasks; b) Managing position or position connected to keeping or managing private property in the State Institution, cooperation, public organisation, other legal entity, or entrepreneur, as well as notary, assistant notary, private bailiff or assistant private bailiff.]
2. Do all authentic instruments have the same enhanced probative value?
Yes, in compliance with CPC Art. 179. (1) Official document, issued by the officials within their competence according to the established form and procedure, constitutes evidence as for the statements made in their presence and actions done by them or in their presence. (2) Formally certified copies or extracts from official documents have the same evidentiary effect as the originals.
3. If the answer to question 2 is “no”, what are the differences and which legal acts provide them?
4. Enhanced probative value concerns
- The date on which the authentic instrument was drawn up
- The place where the authentic instrument was drawn up
- The signature by the parties of the authentic instrument
- The parties’ declarations
- Any observation made by the authority within the limits of its competence
- The measures the authority declares to have taken
- Appearance, identification and consent of the parties
5. Enhanced probative value can be contested:
Before which authority: It can be contested before Courts of the Republic of Bulgaria
According to which procedure (state the applicable rules): Challenging the authenticity of a document is possible before civil courts following the regulations of the Civil Procedure Code. It is provided within the following provisions:
Art. 193. (1) Interested parties may challenge the authenticity of the document at the latest with the response of the legal proceedings. When the document is presented at a court hearing, the challenge shall be made at the latest at the end of the hearing.
(2) The Court orders verification of authenticity of the document if the other party declares a wish for such a verification. (3) The onus of proving the document is not authentic is on the party which challenges it.
Art. 194. (1) The Court carries out a verification by comparison with other undisputed documents, by questioning witnesses, or by experts. (2) After the verification the Court issues its judgment as to whether the document is authentic or not authentic. In the latter case, the Court excludes the document from the evidence and sends it to the Prosecution together with a copy of its conclusion.
Within what timeframe: Art. 193. (1) Interested parties may challenge the authenticity of the document at the latest with the response of the legal proceedings. When the document is presented at a court hearing, the challenge shall be made at the latest at the end of the hearing.
1. In your legal system, which authorities or delegates of public authority can issue authentic instruments in accordance with Article 3 (1) (i) of Regulation 650/2012?
Only the Court, when the Bulgarian Court has international competence according to Art. 4, 7, 10, 11 of Regulation 650/ 2012. The Local Court at the latest address of the deceased is locally competent to consider the application about issuing the European Certificate of Succession. If there is not such an address – at the latest address of the deceased, or before the Regional Court of Sofia in compliance with Art. 627e of the Civil Proceedings Code.
2. Can you indicate which are the most common authentic instruments in the case of a succession to the estates of deceased persons and which authorities issue them?
In Bulgaria, certificates of succession are issued by the Municipality or Mayor office at the latest permanent address of the deceased.
3. Probative value of certain specific acts, for example the “acte de notoriété” in France and Italy
As for people who are unaccounted for, Bulgarian Law provides specific proceedings. Such proceedings are carried out at the Local Court at the latest permanent address of the missing person. Alleged heirs are indicated and the proceedings end with a certified death.
1. What types of family law instruments exist?
Contract of Marriage. It is regulated within the regulations of the Family Code, operating within the territory of the Republic of Bulgaria. According to Art. 39 of the Family Code, a specific form is provided – written form with notary certification of the signatures and the contents of the contract. When together with the marriage there is transmission of a right in rem or such is constituted, the Law requires the contract to be certified by the notary operating within the region coinciding with the location of the property, subject of the contract. The contract shall be entered in the Register of Property at the Local Court. Contract of Marriage is one of the regimes which could be chosen by the spouses in order to regulate their property relationships.