The rules concerning the succession and delivery of Archives of departing – retiring – deceased Notaries to newly appointed Notaries are regulated by Article 128 of Law 2830/2000 "Notaries' Code", which as amended and currently applicable, states, inter alia, the following:
Article 128 –Archives of departing Notaries
1. (...) In the event of departure for any reason or death, the Notary’s archive, pursuant to the decision of the competent Public Prosecutor of the Court of First Instance, following the opinion of the board of directors of the local Notary Association, is handed over to the person filling the position of the departing or deceased Notary. The order of appointment is determined by order of success in the respective competition. (...) 2. The above also concerns other archives that the departing or deceased Notary maintained. (...) 3. The Notary that departs from the service or anyone else that maintains an archive is obligated to hand it over pursuant to the provisions of the previous paragraphs.(...)".
Therefore, pursuant to the above article of the Notaries' Code and given that -according to the order of success in the Panhellenic Competition for Notaries- I was appointed Notary in the place of the Athens-based Notary Adriani-Dimitra Oikonomopoulou-Zafiropoulou (Government Gazette 58/23-1-2009 Issue C), who departed due to reaching the age for retirement, I was appointed Final Archivist of her Archive as well as the archives of other Notaries that she possessed, under No. Prot. 132665/27-4-2009 (No.Inc. 30116/2009) Judgment of Public Prosecutor of Administrative and Internal Affairs of the Athens Court of First Instance Μr. Constantine Tzavellas.
Consequently, as Final Archivist and following a thorough counting and inspection of the contracts, I received and currently legitimately maintain and keep the following three (3) Archives:
A. Τhe Αrchive of Notary Eleni Methymaki-Ntai, as Notary in Kallithea, for which the aforementioned departed Notary had been appointed Final Archivist and which consisted of the Contracts numbered 1/18-5-1970 to 2,120/14-5-1971.
Β. Τhe Αrchive of Notary Adriani-Dimitra Oikonomopoulou-Zafiropoulou, as Notary in Kallithea, which consisted of the Contracts numbered 1/18-11-1971 to 4,037/15-2-1974.
C. Τhe Αrchive of Notary Adriani-Dimitra Oikonomopoulou-Zafiropoulou, as Notary in Athens, which consisted of the Contracts numbered 1/18-2-1974 to 39,913/24-8-2007.
The total of 46,070 Contracts and the relevant Notarial Books of the Archive are diligently kept in approximately 960 elegant new boxes of the same colour (in replacement of the old boxes) in a specially allocated room at my Notary Office. I, as Final Archivist of the said Archive [other than continuing - if requested- on a substantial level Cases concerning the contracts of the Archive], indicatevely have the following functional competencies (obligations / rights):
α) I provide copies of the Archive’s contracts and of documents attached to the contracts to whoever has a legitimate interest and under all circumstances upon request of the Public Prosecutor of the Court of First Instance.
b) I issue Writs of execution on enforceable titles of the Archive provided that that the terms of issuing Writs of execution are met.
c) I publish Testaments that are kept in the Archive, pursuant to the provisions of the Civil Code, as applicable.
d) I return - exclusively to the Testators- Wills (Secret or Holographic), which had been deposited and were kept in the Archive by virtue of an Act of Deposit, at the Testators’ request and after the signing of the relative Act of Will Withdrawal, a copy of which is attached to the Act of Deposit. On the Act of Deposit, I note the relative report (about the Withdrawal), which is signed by the Testator and myself as the Archivist.
e) I return - either to the entitled or the depositor, provided that the relative conditions are met- Promissory Notes of Public Deposit, which had been deposited and were kept in the Archive by virtue of an Act of Deposit, at the request the entitled or the depositor respectively and after the signing of the relevant Act of Withdrawal. On the Act of Deposit, I note the relevant report about the Withdrawal.
f) In the event that the continuance of an auction is demanded, pursuant to the contracts kept in the Archive, I issue a Summary of the Adjudication Report and other relevant deeds for continuance of the auction.