A notarial certification is void if a participant does not know Bulgarian, the notary does not know the language the participant uses and no interpreter is appointed.<\/p>\n
Article 576 of the Code of Civil Procedure expressly and exhaustively lists the grounds on which notarial certifications are void.<\/p>\n
Under Article 582 of the Code, if a participant in notarial proceedings does not know Bulgarian and the notary does not know the language that person uses, the notary must appoint an interpreter. Article 576 expressly identifies a breach of Article 582 as a ground of nullity. If the notarial act is void under Article 582 read with Article 576, the transaction recorded in the defective deed is also void for want of the form required for validity.<\/p>\n
The two language conditions in Article 582 are cumulative: a participant does not know Bulgarian and the notary does not know that participant\u2019s language. Unlike the earlier rules, the Code in force since 2008 allows a notary to dispense with an interpreter when the notary knows the language used by the participants.<\/p>\n
The law does not define what it means for a person to know Bulgarian or for a notary to be unfamiliar with a foreign language. These concepts must therefore be interpreted. Proficiency varies considerably and covers four broad skills: reading, listening, writing and speaking. Receptive vocabulary (reading and listening comprehension) also differs from productive vocabulary (writing and speaking).<\/p>\n
Whether a participant knows Bulgarian must be assessed in light of the purpose of the particular notarial proceeding. Where a declaration of intent must be expressed in a notarial deed, the person must understand the text as the notary reads it aloud and be able to confirm orally that they agree with it.<\/p>\n
To decide whether the notary knows the participant\u2019s language, the question is whether the notary can communicate in it well enough to ascertain unequivocally that the declaration being certified accurately and fully expresses the participant\u2019s actual wishes.<\/p>\n
This article is not a legal opinion or legal advice about any particular person or situation. For assistance with a specific case, consult a lawyer.<\/em>
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