Notarial practice
Notarial practice often involves handling special cases that require a deeper understanding of the law. These cases may include notarizing documents for individuals who are unable to sign due to physical limitations or dealing with international documents that require legal requirements. In addition, notaries may encounter situations involving minors or individuals under guardianship, which require careful consideration of consent and legal authority. Understanding these special cases is essential for notaries to provide accurate and compliant services while protecting the rights of all parties involved.
01
Matrimonial conventions
Through the matrimonial agreement, spouses can opt for either the regime of separation of property or the regime of conventional community . If the spouses do not conclude a matrimonial agreement, the regime of legal community will apply to them, by law.
02
The contract of sale of real estate
Any real estate sale is concluded by a notarial deed, the authentic form being mandatory for the validity of the sales contract. The notary performs a series of checks in the interest of the parties and draws up the sales contract accordingly. Other formalities provided by law for the publicity of the deed will be done after the signing of the sales contract.
04
The procedure for apostille and legalization of notarial documents
Notarial acts that may be subject to the apostille or legalization procedure are official acts drawn up by a notary public, acts that are to produce legal effects on the territory of another state, a signatory state of the Convention on the abolition of the requirement of legalization for foreign official acts, adopted in The Hague (Convention de la Haye du 5 octobre 1961).
05
Succession procedure
Succession means the transmission of the assets of a deceased individual to one or more living persons. The notarial succession procedure can be opened only on the basis of the death certificate, at any notary office in the locality where the deceased had his last residence.
06
Partition of jointly owned property
Partition is the legal operation by which the common ownership of jointly owned assets (such as those resulting from inheritance, purchase in individual shares, etc.) is terminated, as well as of assets in disarray (in the case of spouses' assets). Partition can be achieved by assigning the asset to one of the co-owners or dividing it into lots in such a way that each co-owner receives the lot corresponding to his/her share of the ownership right.
07
The mortgage
A mortgage is a contract by which a person, in order to guarantee a loan obtained by him or another person (the mortgage debtor/guarantor), pledges as collateral a real estate or movable property owned by him. By creating a mortgage on the property, its owner allows the mortgage creditor (usually a banking institution) to pursue the property regardless of the person who owns it and to be paid with priority over other creditors, from the price of the asset's value.