Notaires reduce considerably the amount of court cases that would arise otherwise through conveyancing.

A notarial deed (legal document) confers a guarantee of security. Contracts can be drafted to formalise agreements between parties at little expense and quickly.

The notaire's role as a public officer is to act in the name of the state and to give an official character to the deeds which they draw up, which can cover all fields of law - family law, property law, inheritance law and business law.

It is sometimes said that the notaire only makes sure that a process complies with French regulations; however, it is also his responsibility to advise his clients.

Given the increasingly complex domains of law and tax, this also constitutes a form of security. Moreover, the notaire has excellent insurance liability.

It is the notaire's duty to explain the law and to point out any risks involved in the transaction in question and also to enlighten clients who have requested their services.

The notaire guarantees the reliability and authenticity of the deeds he draws up.

This duty, according to current jurisprudence even applies to clients who are already competent in the legal field or even when accompanied by a member of the legal profession.

One of the notaire's first concerns is to establish the parties' capacity to enter into a contract and to check the law applicable to the contract and to make sure that the chosen legal structure is appropriate.

When a house, apartment or plot of land is sold, the next step is to carry out essential searches and enquiries.

Checks

Some of these are obligatory prior to the preliminary contract (asbestos, measurement of the surface area, termites, energy performance, gas, lead etc) and others are carried out afterwards (land registry search, town planning regulations etc).

Once the final deed has been signed, the notaire's work is not over. Most deeds require formalities to be carried out and any tax due has to be paid. This comes within the notaire's sphere of responsibility.

The notaire's main objective is to ensure the new owner's security in accordance with his client's aims and specifications. The transfer of the legal ownership has to be registered at the land registry where the property is situated.

At this stage, the notaire will once again check that no new legal charges have been filed. A deed which has been drafted by a notaire is authentic, and more specifically the date and the contents are deemed authentic until proof to the contrary which can only be admitted under strict criteria.

A notarial deed is enforceable. This is something people are often unaware of, although it is very important for creditors and lessors. Deemed authentic, the deed allows creditors and lessors to obtain the enforcement of any obligations taken out in their favour, without having to go to court.

It is the notaire's duty to give creditors and lessors a copy of the deed.
A notarial deed is equivalent to a judge's decision with regard to its enforcement. The notaire guarantees the fairness of the contract.

Enforcement

The enforcement of notarial deeds is acknowledged in all European countries in the same way as judicial decisions are. It therefore saves time and money in litigation (the payment of a debt can be secured within 24 hours whereas bringing the case to court would take months).

From beginning to end of the process, the notaire aims to reduce the risk of litigation.
The client's choice is made with full knowledge of the facts.

The notaire is an independent professional who assumes full financial responsibility for his work - if any mistake is made causing loss to the client, they will be reimbursed or compensated (with a minimum insurance cover of €30 million per damage).

Many notaires now speak fluent English, bringing additional security in guaranteeing the complete understanding of any French legal documents which English-speaking clients sign.