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Publications & Questions

Publications
& relayed articles

https://paris.notaires.fr/fr/histoire-de-la-chambre-et-du-notariat-de-paris/les-symboles-du-notariat

Frequently asked questions

We're often asked:

The notary is a public officer appointed by the Minister of Justice. Delegate of a public service mission, he ensures the authenticity of legal acts received by his ministry.

Notaries work throughout France, wherever they are based.
They are the guarantors of the parties' consent and understanding of the commitments they make.

The notary guarantees the authenticity of the legal deed, and ensures its publication and preservation. He collects the related taxes on behalf of the State.

Because it fulfils a function of public interest, notarial remuneration must be predictable and transparent. As such, it is strictly regulated and subject to a tariff. In application of this tariff, the emolument charged by the notary is either fixed or proportional (generally to the value of the asset involved in the transaction). In principle, therefore, the notary is never remunerated on the basis of time spent. Moreover, enquiries and requests for advice from the notary are free of charge.

For more information, please consult our pricing policy or request a fee estimate directly fromnotarial office.

The term "frais de notaire" (notary's fees) is a misnomer, suggesting that it refers to the notary's remuneration. In reality, it refers to all sums collected by the Notaire on behalf of the taxpayer, including taxes due, as well as the remuneration of any external service providers.

 

The appointment of a notary is mandatory for all real estate transactions. In addition, the law designates a certain number of deeds which, because of their importance, must be drawn up by a notary, on pain of nullity.

On the other hand, the fact that a deed is not necessarily notarial does not mean that it is unimportant! So, even in cases where a notary's involvement is not compulsory (e.g. pre-contract of sale, lease, company articles of association, etc.), it may still be advisable to consult a notary.

Everyone is free to be accompanied by the notary of their choice. The notary has national territorial jurisdiction.

In addition, it is possible for several notaries to be involved in the same case, at no extra cost to the parties.

You are free to choose your notary. Similarly, it is possible to entrust the file to another professional at any time. Before making such a decision, however, it's important to bear in mind that a change of notary may result in additional delays in the processing of the file.
Although in certain circumstances there may be a tax advantage to passing on a gift to one's descendants during one's lifetime, there is no obvious answer. The question should be examined on a case-by-case basis. Please do not hesitate to contact us.

Yes, but we'll still have to assess the most appropriate type of lease on a case-by-case basis.

No. Unlike marriage, the Civil Solidarity Pact (PACS) does not confer any rights to the surviving spouse in the estate of the deceased. To remedy this situation, it is advisable to have your notary assist you in drawing up a will.

Yes, we strongly recommend that you discuss the subject of marriage with your notary at least several weeks before the planned wedding date.

Terminology

List of frequently-used legal terms and their corresponding definitions.
In the interests of didactics and popularization, certain definitions have been deliberately condensed and simplified.

The fact that the holder of a right uses it for a purpose other than that for which it was intended.

Exploitation of an individual's vulnerability to induce him to enter into commitments whose consequences he is unable to sufficiently appreciate.

A deed that takes effect only on the death of its signatory.

Contrary to pure and simple acceptance, an inheritance option in which the beneficiary is not liable for inheritance debts beyond the net assets collected.

Extension by law of the right of ownership from one thing to another.

Said of a thing that follows the same rules as a main thing, because of the link between them.

Where there is more than one heir to an estate, the right under which the renouncer's share increases those of the other heirs.

Joint property acquired during the marriage under community property regimes.

Unlike a private deed (sous seing privé), a document drawn up by a public official.

Deed recording facts that are common knowledge. In inheritance matters, it refers to the deed under which the notary identifies the heirs and their respective rights.

A person who exercises over the property of another the powers he or she holds by operation of law.

Unlike simple adoption, which breaks all legal ties between the adopted child and his or her family of origin.

The act of granting a mortgage on a real estate to a creditor as security for the payment of a debt.

The willingness of every shareholder employee to get involved in the life of the company, in a spirit of collaboration.

Formation of lots for allocation to several co-participants, according to their respective rights.

Insurance contract under which the insurer undertakes to pay an annuity or capital sum to the policyholder (or to a third party in the event of death) at a specified date, in return for the payment of insurance premiums by the policyholder to the insurer throughout the life of the contract.

Gift made to a presumptive heir in anticipation of his inheritance rights.

Enrichment provided by one spouse for the benefit of the other, under the terms of their marriage contract.

Long-term lease during which the lessee undertakes to build on the leased land.

Type of rental contract for a real estate building used for commercial, industrial or craft activities.
Type of rental contract for a real estate property used for a professional activity other than a commercial, industrial, rural or craft activity,
State of an act validly formed but deprived of effect by the occurrence of an event subsequent to its signature.

Administrative document providing information on applicable town-planning regulations and taxes, or on the consistency of a given architectural project with these same regulations.

Certificate issued by a foreign lawyer on the content of the law applicable in his country.

A procedure whereby a public official confirms the identity of the person signing a document, or certifies that a copy of a document conforms to the original.

Contract by which a beneficiary assigns his rights in an estate to a third party.

Represents a loan granted to a company by one of its partners.
Contract by which a financial institution acquires an asset with a view to leasing it to its customer, who has the option of buying back the asset at the end of the lease period, in return for a price that takes into account, at least in part, the lease payments made.
Expenses to third parties incurred by the Notary on behalf of his client in connection with the preparation of the file.
The process of dividing up the various components of the right of ownership of a property among several people. Usually, a distinction is made between the right to use the property personally, the right to receive income from it, and the right to dispose of it (whether free of charge or against payment).

Stipulation designating in advance the competent jurisdiction in the event of a dispute.

Stipulation designating in advance the competent jurisdiction in the event of a dispute.
Donation to various heirs of several assets to be divided among them.

Right of substitution conferred by law on certain persons or the administration, which, if exercised, enables the pre-emptive buyer to oust the prospectivebuyeur .

Body of rules applicable to individuals in a cross-border context.

A contract by which a settlor transfers ownership of an asset, right or security to a trustee on a temporary basis, with the trustee responsible for carrying out the management mission contractually entrusted to it.

Legal entity made up of the tangible and intangible elements serving the economic activity of a commercial enterprise.

Payment for services that are not determined by Law.

Legal situation in which several people have competing rights of the same kind to one or more assets.

Said of an act that is valid between the parties but which a third party may consider non-existent.

Something that cannot be seized at the request of a creditor.
In the context of the international circulation of documents, the process of confirming that the public authority involved in issuing a document is legitimate and competent to do so in its country of origin.
Unlike a residual gift, donation or bequest, where the first beneficiary is obliged to pass on to the second beneficiary the thing transmitted, without it having been diminished.

Contract under which the tenant reserves the right to purchase a property at the end of a rental period, in return for a deferred and/or split payment of the purchase price.

Contract under which the lessor entrusts the operation of his business to a manager, in return for rent.

Mandate given by a person, while still capable, to a trusted third party to represent him or her in acts of civil life; said mandate takes effect only if the mandatary's personal faculties are definitively impaired.

Component of the right of ownership which confers on its holder the right to dispose of an asset, without having the right to use it personally or to receive income from it.

Sanction of an act consisting in its retroactive disappearance.

Contract designed to establish a set of rules or prerogatives governing relations between all or some of the shareholders of a company.

An eminently tax-efficient contract, enabling - under certain conditions - the transfer of all or part of a company, while benefiting from very favorable taxation in terms of transfer taxes.

Contract under which the promisor irrevocably undertakes to sell a property to a beneficiary, who reserves the right to buy.

In the case of forced heirship, the portion of an individual's estate that he or she can freely dispose of.

 

Rule of law designed to govern a cross-border situation.

 

Portion of an individual's private wealth that is intended to fall to the heirs identified by law as such, if any, upon death.
Charge imposed on real estate.
A commercial company in which the financial liability of its partners is limited to the amount of their respective contributions.

Legal entity that is not commercial in form or activity.

Component of the right of ownership which confers on its holder the right to use it personally or to receive income from it.

Term sales enable the buyer of a property to pay the seller progressively over a limited period of time. Unlike life annuities, there is no notion of age, and the payment end date is defined on the day of sale.
Contract by which the buyer purchases a property to be built or under construction; the seller undertakes to deliver it to the buyer upon completion of the work.

Sale contract in return for the payment of an annuity by the buyer to the seller, for life.

"Lex est quodcumque notamus".

What we write is the law / We write with the law,
Motto of the International Union of Notaries (UINL)

What we write is the law
We write with the law,
Motto of the International Union of Notaries (UINL)

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