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Office Notarial des Îles du Nord

SCP Renaud HERBERT - Thierry COLLANGES
successeurs de Maître Gérald MOUIAL

With my civil law notary my projects are safer, Prefer an authentic contract !


 

   

WHO IS A FRENCH NOTAIRE



It’s the Law of 25 ventose year XI (march 16th 1803) that gives its definition : “Notaries are public officers appointed to receive all deeds and contracts to which parties have or want to give the character of authenticity attached to acts of the public authority. ..“

He is the impartial arbiter for the contracts that he writes, the adviser of persons, enterprises and collectivities and, at the same time, commissioned of the authority off the State.
He has to explain the law and to make sure of its application.

Confidant of his clients, he is held to the professional secret.

He has to deny his ministry to people appearing to be not free will, and to refuse to take part in making fraudulent conventions.
He preserves originals of the deeds, certifies their date and delivers authentic copies.

Practising his profession within a liberal activity, the French notaire is both the counselor and the writer of the deed, striving to make useless the recourse to the judicial authority.
More, the notaire deed is a sort of “preventive judgement” that has more force than a decision of justice. indeed, if one can lodge an appeal against a judgment, that is not possible against a notaire deed.
The authentic deed notion is purely Latin and allows to resort to the State forces to have these deeds executed without obtaining necessarily an order from the Court.

Anglo-Saxon countries have not this equivalence and judicial professions are those practised by the “lawyers” and the “sollicitors” ; the “public notaries” are simply appointed to certify signatures.

The French notaire fills an important position in the citizen legal life.

Some deeds must be written in the notaire form, as for example, marriage settlements, sales, donations, mortgages, to quote only the most current.
To allow him to carry on his public officer duty, the number and residence of notaries are fixed by the Minister of the Justice, Ward off Seals.

Appointed to life, French notaries have an essential function in the balance of conventions in order that they are in fact the attorney of each of the parties.

They offer more to their clientele, an absolute security through the French notaries collective guarantee when the liability off one of them is involved.
“No profession brings to its clients a guarantee of the force and extension of the one brought by the notarial profession”. (Parliamentary debate, J.O. 1973).
The protection off the notaire is ruled by the law, so concerning his person that his monopoly.

The outrage (contempt) that can be committed against a French notaire is punishable according to the penal code article 224 ;similarly, the usurpation off his functions or the attempt to do so is sanctioned by the same code article 2581.

Here is, briefly summarized, the definition of the French notaire and his duty, that, I hope, will contribute to understand better the specificity of his task.

Me Gérald MOUIAL


Numéro d'agrément : 97116 140 530 6

etude-ilesdunord.notaires.fr - Société Civile Professionnelle "Renaud HERBERT - Thierry COLLANGES"
Siège social : Collectivité d'Outre-Mer de SAINT-MARTIN (Antilles Françaises)
4, rue Charles Height - Concordia - Adresse postale : BP 375 - Marigot - 97054 SAINT MARTIN CEDEX - Tel : 0590 51 94 50 Fax : 0590 87 98 70
Annexe à St. Barthélemy - “Les Sables” - St Jean 97133 SAINT BARTHELEMY - Tél. : 0590 27 68 14

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