The operative part of uniformity decision no. 3/2020 PJE

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On certain issues relating to the application of section 23/C of Act No. LIII of 1994 on Judicial Enforcement ('the Act')

1. In the exercise of his powers under section 23/C of the Act, a civil law notary may not examine the creation, validity or existence of an obligation set out in a notarial deed requested to be endorsed and appearing to be in due form.

2. It will not prevent the issuance of an enforcement order under section 23/C of the Act, nor will it serve as a ground for the cancellation of an issued enforcement order if the legal relationship underlying the obligation set out in the instrument requested to be endorsed has already been terminated by a unilateral legal declaration.

3. When an enforcement order is issued under section 23/C of the Act, the applicant may prove that the obligation set out in the instrument sought to be enforced has expired due to his unilateral declaration also by a notarial certificate issued in accordance with section 136 (1) (e) or (g) of Act No. XLI of 1991 on Civil Law Notaries.