Okiratok

Okiratok are documents with formal legal significance in Hungarian civil law. The term covers two main forms: közokirat (public document) and magánokirat (private document). A közokirat is prepared or authenticated by a közjegyző (public notary) or another competent authority and carries a strong presumption of authenticity. Its content is generally accepted as proven in court, making it a preferred instrument for acts with formal consequences. A magánokirat, created by private individuals without a notary, lacks the same presumptions and typically requires additional evidence to be admitted as proof.

Creation and form: A közokirat involves the parties appearing before a public official who records the statements, ensures compliance with legal requirements, and signs and seals the document. In many cases, the form of a közokirat is mandatory to effect certain transactions or to register rights in official registries, such as land and property records. Electronic forms and signatures are increasingly used, supported by statutory rules for digital authenticity and storage.

Evidentiary effect and use: In civil procedure, a közokirat is generally self-authenticating and carries greater evidentiary weight. Magánokiratok may be disputed and often require corroborating evidence or testimony. Okiratok are commonly used to prove rights and obligations, to record contracts, and to facilitate enforceability of certain transactions.

Common applications: Real estate transfers, mortgage creation, company formations, inheritance dispositions, and other acts where formal authenticity is important. The distinction between közokirat and magánokirat determines the level of evidentiary protection and the need for additional proof in disputes.