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DOCTRINAL REFLECTION REGARDING THE AUTHENTIC DEED RECEIVED BY A NOTARY AT A DISTANCE FROM THE PARTIES. 

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Resource details

Resource ID

172

Contributed by

Administrador de contenidos

Date

23 April 21

Credit

Cyril Nourissat

Country

France

Caption

International Colloquium "THE NOTARY AT A DISTANCE OF THE PARTIES".

Subject

Notary Law/Notary responsibility

Summary

Questions considered:
• Is the physical appearance before a notary a sine qua non of authenticity?
• Are adaptations implied by the distance between the notary and the parties only technical?
• Should the virtual presence of the parties (or their representatives) be treated as a physical presence?
• What is behind the reluctance of certain jurists to the receipt of notarial acts outside the presence of the parties (e.g., weakening of legal certainty and of confidentiality, greater difficulty in exercising the duty to provide legal advice, devaluation of the notarial deed)?
• Does the authentic instrument received by a notary at a distance from the parties contravene the fundamental principles of the Latin notariat?
• Does the authorization of the signing of such a notarial deed by parties abroad violate the principle of international comity?.

Original language

French

Notes

Intervention of Cyril NOURISSAT, Associate Professor, Faculties of Law of the University Jean Moulin, Lyon 3, France, in the webinar under the auspices of the International Union of Notaries (UINL) and the Chamber of Notaries of Québec.

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Location Data

Marker lat / long: 46, 3 (WGS84)

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