A notarial deed is a record (instrument) drawn up before a notary, recording legal acts on the basis of the parties’ declarations. It is the recording of a legal act by a notary, that is, by a person authorised to perform this activity.
Drawing up notarial deeds is one of the most common notarial acts. It is governed by Sections 46 to 55 of the Notarial Code. At the parties’ request and on the basis of their declarations, a notary draws up notarial deeds concerning purchase contracts, gift contracts, wills, contracts establishing or extinguishing easements, co-ownership and other legal acts. Such a deed is usually drawn up by the same notary throughout, although another notary with an office in the territory of the Slovak Republic may also continue drawing it up.
Purchase and Gift Contracts
Contracts Establishing or Extinguishing an Easement
Wills
Other Legal Acts
A notarial deed must contain:
- the place, day, month and year on which the notarial deed was drawn up,
- the notary’s first name, surname and office address,
- the first name, surname, personal identification number, date of birth and permanent address of the parties, their representatives, witnesses, trusted persons and interpreters,
- a declaration by the parties that they have legal capacity,
- information as to how the identity of the parties and witnesses was established, in particular the type and number of the party’s valid identity document,
- where a party is a legal entity, information as to how its existence and the authority of the person acting on its behalf were established,
- the content of the legal act,
- information that the deed was approved by the parties after it had been read aloud,
- the signatures of the parties or their representatives and, if called upon to participate, also those of the witnesses, trusted persons and interpreters; where a natural person authorised to act on behalf of a legal entity that is a party signs the notarial deed, that person shall affix only their own signature,
- the impression of the notary’s official seal and the notary’s signature.
All parties, witnesses, trusted persons and interpreters involved in the act must prove their identity with a valid official identity document or may have their identity confirmed by two other witnesses. If the notary personally knows the witnesses, this step may be omitted when drawing up the deed. If the notary is unable to establish the identity of those present, the notary may refuse to draw up the instrument. Minors and persons who, because of their physical or mental condition, are unable to give evidence, as well as persons who cannot or are unable to read or write, may not act as witnesses to the instrument.
Under Section 3(4) of the Notarial Code, a notarial deed is a public instrument. Once drawn up, it is kept by the notary. In certain cases, a notarial deed may serve as an enforceable title on which the enforcement of a court decision and execution are based.
