Notarial act or informal agreement
The question is often put :
Does one have to choose to make write by his notary a notarial act, or
the informal agreement it is enough ?
The legislator wished that, for serious "or important acts", like the donation or sale contracts for example, the acts be written by a professional, the notary. These acts are known as "authentic".
The technical superiority of the notarial
act lies in its conclusive force and its executory force, as in the intervention
of the professional who is the notary.
- Conclusive force : the notarial act, or authenticates, been taken,
between the signatories parts, and their heirs. It makes faith until inscription
of forgery, i.e. that it is a means of proof which one cannot dispute
the veracity, except by an action at law against the notary himself.
The informal agreement can be disputed even by the signatories parts !
- Executory Force : the notarial act is essential like a judgement.
It constitutes an executory title : more need for the often long intervention
of a Court which is likely to empty of any effectiveness your action against
your debtor. He makes effective academies measurements, makes it possible
to preferably spare a right to any other creditor, and a right of continuation,
while waiting to meet the conditions of a seizure. The credit not being able
to be questioned, it makes it possible to carry out its covering without legal
authorization.
- The "Notary Label" : the notarial act is an act written
and formalized by a notary who engages himself, under the seal of the State.
By signing convention with the parts, the notary engages at their sides, and
also engages his responsibility, as well in the drafting of the act, as in
the councils given. He also carries out under his own responsibility all the
later formalities necessary to make the act effective. He ensures also
personally, and its successors after him, conservation of the notarial act,
and delivers copies with the interested people of them.
Councils Head page / Preciding
/ Next
