Közokirat

A közokirat, in Hungarian law, is a public document prepared or certified by a competent public authority, most often a közjegyző (notary public). It is produced in a formal form and carries public faith, meaning its authenticity and the content are presumed correct.

The notary or issuing authority verifies the identities and legal capacity of the parties, ensures that their consent is voluntary and informed, and records the act or obligation in clear terms. The document states the relevant facts, date, and signatures, which are witnessed or certified by the public official and entered into official records.

A central feature of a közokirat is its evidentiary weight. In court, its contents are presumed to be authentic, and the document can serve as strong evidence of the stated facts or obligations. In many transactions, especially those affecting real property, a közokirat is required for validity against third parties and for enforcement; real estate transfers and mortgages must generally be carried out in this form and subsequently registered in the land registry.

The közokirat stands in contrast to magánokirat, or private documents, which lack the same level of formality and evidentiary presumption. Common uses of a közokirat include real estate transactions, mortgage creation, certain corporate acts (such as incorporation or changes in shareholding), donations, and powers of attorney, among other significant civil-law acts where formal validity and reliability are essential.