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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Can a notary refuse to draw up a deed?

No, except in specific circumstances. “The notary is required to provide his or her professional services in compliance with Articles 5 and 22 of the Code of Notarial Ethics” (Order of 29 January 2024 approving the professional rules applicable to notaries and the professional regulations of the notarial profession). By…
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I had to make a donation-partage to my 3 children. My notary prepared the deed but in the end 2 of my children refused to sign it. The notary is asking me to pay his fees under the "imperfect act". What is it about?

Je devais consentir une donation-partage à mes 3 enfants. Mon notaire a préparé l’acte mais finalement 2 de mes enfants ont refusé de le signer. Le notaire me demande de régler ses émoluments au titre de « l’acte imparfait ». De quoi s’agit-il ? The imperfect deed is the deed…
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I would like to draw up an acknowledgement of debt. I have heard that using a notary is not mandatory. Is this true?

Yes. An acknowledgement of debt may be executed as a private deed if it states the amount of the debt in figures and words and bears the signature of the person undertaking the obligation (French Civil Code, Art. 1376). It may also be drawn up as an authentic instrument. A…
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My spouse and I are German nationals. We are going to buy a house in France from a couple where the husband is also German. The preliminary sale agreement was written in German. The notary tells us it is not possible for the authentic sale ...

....deed to be in German. Is this correct? Yes. While it is possible to draft a private agreement in a foreign language under certain conditions, documents prepared by a notary must be written in French.
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