Notary - SpeedyLook encyclopedia

Notary: a world profession

The International union of the Body of notaries (new denomination of l' Union international of the Latin body of notaries (U.I.N.L.) ) gathers the notaries of the five continents (and either like before those of the Latin type), founded on the Roman law Germanic. The occupation of notary was created in many countries in a recent past, for example in Europe of the East following the fall of the Berlin Wall, or in Africa. In addition, the Superior council of Body of notaries (C.S.N.) recently took part in the installation of a body of notaries in China.

The occupation of notary does not exist in the Anglo-Saxon countries, applying the Common law. The occupation of notary exists with the Quebec.

Notaries of Europe

18 European countries have a system close to the French notarial system: Germany, Austria, Belgium, Spain, Estonia, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Czech Republic, Slovakia and Slovenia.

It is also the case of Switzerland and Liechtenstein.

Sweden, Finland, Norway, Iceland Denmark, the United Kingdom and Ireland

In Andorra, in Monaco and Marine St

In the Vatican In Spain, the notaries are selected on contest. The load is allotted free according to the order of classification. This contest is very difficult. It takes indeed on average 9 years of full-time preparation after a bac+5 in right to make a success of it. The exceptional remuneration of the notaries is not foreign with this extraordinary difficulty.

In Belgium, the accession with the notarial load was done according to an obscure procedure facilitating the hereditary succession. A reform made it possible to set up a transparent procedure. To be a notary, it is necessary to succeed in six years of university: a control in right of five year and a complementary year in body of notaries. After having worked three years as clerk (the legal training course ), the graduates in body of notaries have the right to present the contest which is held each year. A quota of allowed Dutch-speaking and French-speaking is determined by the law, they carry then the title of candidate-notary . When a notary yields his study, only a candidate-notary can take it again, attribution being controlled by the notarial authorities of the concerncée province.

The notary in France

Role of the notary

The notaries are in France of the public officers, named by decision of the Minister of Justice. They are for this reason invested of a delegation of public power.

The notary has the capacity to give a character authenticates with all the acts which are required of him. He also ensures the conservation of the minutes, which, in the event of losses, leads the notary to arise in front of the adequate jurisdiction for " Involuntary disclosure of data privées".

He has the capacity to emit an executory title, equivalent to a legal decision. This title makes it possible to seize a debtor (borrower, tenant etc) faulty without having to start a legal procedure as a preliminary.

The recourse to a notary is necessary to conclude a marriage contract, to proceed to a real sale (because of land publicity) or to a donation, to note a real change after death, to take a mortgage,…

The capacities of the notary raise of the voluntary jurisdiction with the direction where the parts require its services of their own initiative, in opposition to the contentious jurisdiction represented by the courts in front of which at least a part can be called without preliminary consent.

Statistics

One counts in France 8494 notaries at January 1st, 2007 (including 1929 women). These notaries are divided in 4513 offices on all the French territory. The notaries of France employ more than 48000 paid (82% women and 18% men).

The occupation of notary also exists in other countries, but the perimeter of its sphere of activity is sometimes different.

Remuneration

The remuneration of the notaries varies according to whether the service carried out concerns their sphere of exclusive competence or not:

1 - Acts obligatorily last in front of notaries:

These acts are the subject of a fixed-price by the Law at the national level. Almost always two categories there are distinguished:

emoluments of formalities related to the formalities carried out such as the requests for parts (registry office, registers, mortage town planning, situation, etc) or the clothes industry and delivery of documents (certificates, forwardings, copies, etc). To each formality a number of units of value is attached. In practice the formalities related to a real sale return between 500 and 700 euros .
emoluments related to the act itself: they are sometimes fixed for certain acts given, but most of the time they are variable according to the amount expressed with the act (the price of a sale or the made evaluation of a given good) to which one applies a decreasing scale.

The legal scales evolved/moved lately at the time of the recent reform on safeties: the amount of the unit of value for the formalities and the acts at fixed cost was raised while the amount of the variable emoluments related to certain acts (real privileges, mortgages, replevins mortage holders) was divided by two.

2 - Acts and services concerned with the competitive sector (contracts relating to the companies without real change, beams of duration lower than 12 years, transfers of goodwills, etc): The fixing of the expenses related to these services is entirely free. In practice, the expenses practiced by the notaries in these fields join those practiced by the other professionals of the Right.

According to the investigations of remuneration of the Point and Capital, disputed by the superior council of the Body of notaries, the notaries perceive an average rough remuneration of 245.000 euros . On average, the loads account for 65% of the gross product of an office. The net payment goes from 30.000 euros to rural area to 91.000 euros for very the big cities according to the Echoes. This remuneration knew an important rise these last years because of the raising of prices of the real estate.

It should be noted that the remuneration of a paid notary, especially beginning, is very largely lower than that of an associated notary.

The remuneration of an assisting notary or beginner varies from 1500 to 2000 euros according to the cases and the places. That of an experienced assisting notary is between 2000 and 8000 euros .

Training of the notary

The notary, is a professional of the right. At the conclusion of its control/Master 1 in right (4 years of higher learning in one of many UFR of Right), there exist 2 means of continuing its studies to become notary.

For a card supplements on the training of the notary, to see the site of the Village of Justice and to see Etudes Body of notaries.

The professional way

At the conclusion of the control/Master 1 in right, an examination of Notarial entry at the Professional training center makes it possible to follow one year of initial training. The university way replaces the year of the CFPN by one year of Master 2, whose entry is very selective. The training notary must then achieve a 2 years training course in an office, with however 6 seminars distributed over 2 years, at the conclusion which controls of evaluation are practiced. The formation is completed by a report/ratio of training course returned at the end of the 2 years. Until his nomination by the Minister of Justice, the graduate notary is known as " notary assistant".

The Vénalité of the notarial office is not a survival of the venality of the loads of the old mode, but corresponds to the financial asset of the office which is a true company.

In many countries this function is provided by public agents with a traditional treatment. Motivation is necessary.

The university way

At the conclusion one year of training leading to obtaining DESS/Master 2 professional in Notarial right, the training notary will have to continue a training course in 2 year old office, accompanied by an continuing education (called semestrialities). After defense of a report by the candidate, the Higher Diploma of Body of notaries (DSN) is delivered and the holder is then called assisting notary.

Authorities of the body of notaries

Each notary is member of a departmental company which designates in its center several members composing the Room, guarantor of the discipline and the deontology of the profession.

In margin of the Rooms of Notaries, the body of notaries obtained various company doctors of legal consultation and formation (Research centres, financial Unions), whose intervention is fundamental today and makes it possible to guarantee the execution of their mission.

There exists also a District council of the Notaries and the Superior council of the Body of notaries whose seat is in Paris.

Future of the occupation of notary

The report/ratio of parliamentary information Which trades for which justice? of Christian Cointat underlines the difficulties encountered by the notaries and the claim of an extension of their field of competence (see in particular notaries eager to see themselves entrusting new tasks).

The reserved field of competence of the notaries is sometimes called in question taking into consideration European rule. The draft Directive Bolkestein in particular gave this debate on the front of the scene (See the information paper '' That to think of the directive " Bolkestein" ? '' and in particular regulated legal professions).

In spite of the reserves of the European commission, which one says more sensitive to the Anglo-Saxon legal model, the European Parliament excluded the notarial profession from the field of application of the directive services.

It should here be recalled that on 27 States composing the European Union, 21 States know a body of notaries of the Latin type.

The costume of the notaries of Paris

The notaries of Paris have a costume which they still at present carry in a certain number of circumstances, and in particular when they attend funerals of a fellow-member of their company.

Until 1962, it was composed:

of a black cloth frac right half-compartment with nine buttons, with collet, facings, pockets out of velvet carrying a current branch of olive-tree,
of a black silk waistcoat with six buttons,
of black cloth pants with black silk bands with branches of olive-tree,
of a hat with black feathers,
and of a steel handle sword.

Since, the protocol wants that they wear a dress with black buttons of drill plate, a black waistcoat, white tie and black gloves. One does not carry any more a hairstyle.

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