Nous avertissons les internautes de ne jamais donner suite à toute sollicitation faite sous le sceau de l’étude, notamment impliquant des prêts ou emprunts de somme d’argent qui constituent des escroqueries.

Cliquez-ici pour visualiser deux exemples de faux contrats de prêt qui comportent de nombreuses anomalies.

Imprimer
Imprimer

A notarized document: indisputable proof

A notarized document: definition

A notarized document, acte authentique, is a written (paper or electronic since 2009) statement or agreement enacted by a notaire and signed by both the notaire and the contracting parties.

A notarized document: properties and attributes

Acte authentique
Acte authentique

A notaire authentication of a statement or agreement elevates it to a legal status superior to a private agreement:

 

  •     by making the document indisputable
  •     by giving the document a certified date of agreement between parties, without necessarily registering the document with the fiscal administration
  •     by allowing for the collection of a debt without the court’s involvement regarding unfulfilled financial obligations on the part of the countersigning party
  •     by guaranteeing the confidentiality of the agreement between the contractual parties

A notaire authentication of a statement or agreement elevates it to a legal status superior to a private agreement:

 

  • by making the document indisputable
  • by giving the document a certified date of agreement between parties, without necessarily registering the document with the fiscal administration
  • by allowing for the collection of a debt without the court’s involvement regarding unfulfilled financial obligations on the part of the countersigning party
  • by guaranteeing the confidentiality of the agreement between the contractual parties

A notarized document: impact

A notarized document professionally implicates the notaire who is held responsible for the effectiveness of the documents which he administers.

 

The enforceability of a notarized document goes beyond the national level and is recognized by all members of the European Union (based on regulation number 44/2001, December 22, 2000 entitled “Bruxelles I” in effect since March 1, 2002; and regulation number 805/2004/CE, April 24, 2004 in effect since October 1, 2005 which created the European Enforcement Order (EEO) or le titre exécutoire européen (TEE) for uncontested claims dating from January 21, 2005). The notaire is invested with certifying authority from the TEE if he or she receives a deed en minute of the uncontested claim).

 

A notaire’s duty to advise is absolute, that is to say that the notaire must verify that the conventions being established are adapted to each party’s situation in both judicial and economic terms. This duty to advise exists whether or not the parties were assisted in the establishment of the agreement by the notaire.

 

Comparing a notarized agreement, un acte authentique notarié, to a private agreement, un acte sous seing privé

We have an obligation to provide advice to our clients. The notarized agreement is the direct result of this obligation.

Contract drafted by Mister Bruno Bédaride, notaire in Paris