Frequently asked questions about Le rôle du notaire

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Can I change my notary?

Do I have the right to change my notary when I have already made a last living gift to him 15 years ago? Do you have to justify this request? Notary David Ambrosiano answers your questions on BFM Business's "Le Club du Droit / Passez-moi le notaire" program. The answer…
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My future spouse and I have an appointment with the notary to sign our marriage contract. Unfortunately, I have just learned that I will not be able to attend due to professional obligations. Is it possible to appoint someone by proxy?

Yes, but under specific conditions. In principle, both spouses must be present before the notary to sign the marriage contract (Article 1394 of the French Civil Code). However, case law allows a spouse to be represented by a third party. The representative must hold a special authentic power of attorney…
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I wish to grant a loan of €60,000 to one of my children Am I obliged to call on my notary to draw up the loan contract?

No, but it is preferable. In accordance with article 1359 of the civil code, a writing is required when the sum lent is greater than 1500 €. The use of a notary is recommended to avoid any dispute, especially between your heirs. Indeed, you are assured that the deed will…
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I purchased an apartment a year ago. Before my purchase, the co-owners allocated common parking spaces among themselves, but the deeds were not registered. Are these decisions enforceable against me?

Yes… but. The new allocation of parking spaces should have been formalised through an amendment to the descriptive statement of division, which must normally be registered with the Land Registry (Law No. 65-557 of 10 July 1965, Article 13). If it was not registered, this amendment is enforceable against you…
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