Нотариалната компетентност като изрично възложено субективно правомощие на нотариалния орган
The Notaries’ Competence as Explicitly Imposed Public Power of the Notary

Summary/Abstract: In the article some legal, historical and comparative arguments are made in support of the view that notwithstanding the specific institutional model, to which the legal situation of the notary is subjected, he has always derived its powers to make notary acts by a regulatory instrument adopted by a public authority empowering him to carry out certain notarial functions. The emergence and the evolution of the institutes of the notaries and of the authentic acts since Ancient times till nowadays is under consideration. A special emphasis is put on the particularities of the competence of the Civillaw Notary as compared to the one of the notaries in the Anglo-Saxon legal systems. That competence is established under specific legal provisions defining its scope. In this sense the powers with regard to notarial certificates should be defined as explicitly imposed public competence.

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