Why do I need a notaire?

LET ME EXPLAIN WHAT A NOTAIRE IS IN FRANCE AND WHAT THEY DO - and also why you CANNOT avoid them even if you try!
The role of notaire is pretty unique to France. Notaires are public officials with a role that blends legal expertise and a quasi-judicial function. They are appointed by the state and have a duty to serve the public impartially - and they also collect taxes!
French notaries draft and authenticate contracts, especially those related to property sales, marriage contracts and wills. Their primary function is to ensure that documents are legally sound and properly executed in accordance with French law and tax regulations. So the role sits somewhere between a notary and a solicitor.
In contrast, lawyers (in French they are called “avocats”) represent clients in court, provide legal advice, and handle litigation.
The system of notaries in France has deep historical roots, in the Roman system thousands of years ago, and it was significantly formalized in 1804 by Napoleon, when he introduced a standardized legal system. His “Code Napoleon” sets clear rules and procedures for legal matters and establishes the notaire as a key player in the country’s legal system.
This system helps streamline legal processes and provides a reliable method for handling important legal transactions. This Code is still the foundation of the French legal system to this day.
It is a civil law Code - which is distinct from Common law. Civil law is codified in a systematic and comprehensive manner. The legal principles and rules are primarily found in written codes and statutes. Civil law systems are associated with continental Europe with many countries influenced by Napoleon in a legal sense, like Belgium for example.
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Most of the time you meet a notaire when you are buying or selling property. In fact, you cannot complete a property purchase without the involvement of a notaire.
There are 4 reasons why notaires are central to the property transaction process in France: legal authenticity, due diligence, registration and taxes.
Firstly, the notaire ensures that the sale contract is legally binding and properly executed. They authenticate the transaction. That’s legal certainty and protection for both parties.
Then, the notaire conducts thorough checks on the property, including verifying ownership, checking for any encumbrances, and ensuring that all legal requirements are met.
Also, the notaire is responsible for registering the property transfer with the French land registry, which is essential for the buyer to officially own the property.
And finally, the notaire handles the payment directly to the tax authorities of applicable taxes and fees related to the property transaction, ensuring that all financial aspects are correctly managed.
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If you want a (free) chat to discuss your project (or your situation or… problem) reach out [e-mail] or [phone] (I’m on WhatsApp). RCS Nimes 533018321, carte prof. CPI30022018000032895.
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