UCL - Notary Law

[NOTA2009]

[45h] 6 credits

Teacher(s):

Language: French

Level: Second

Aims
Main themes

Aims

The course aims to give the students the theoretical and practical tools related to the specific rules which apply to the notary because of the function which is assigned to him by the law : the authentification of conventions, the duty of counsel, obligations related to the deposit of funds between the hands of the notary as public officer, deontology.

Main themes

The contents are in direct connection with the objectives defined:

1. The notary deed :
- establishment of deed and the formalism to which it is subjected,
- effects of notary deed : its conclusive force and its executory force,
- sanctions of the irregularities.

2. Notary accountancy :
- recall of the basic principles relating to accountancy,
- adaptation of these principles and specificities of notary accountancy,
- tax and financial obligations imposed to the notaries in relation to notary accountancy or money laundering.

3. Duties of the notary:
- Examination of the consequences drawn by the doctrines and jurisprudence from the various functions assigned with the notaries (authentification, councel, judicial assistance), in particular from the point of view of the professional civil responsibility of the notary,
- Principal Rules relating to the statute of the notary: access to the profession, obligation to lend its ministry, suspension of the functions, statute of his/her collaborators.

4. Notary deontology:
- Examination of the legal, doctrinal and jurisprudential sources which govern it.