Contracts: opt for authenticity with a notarial deed

A notarial deed is necessary in many circumstances

The word "notarial deed" brings to mind the purchase or sale of real estate. But this is not the only situation in which a notarial deed is required. It is required by law for all deeds of a "solemn" nature, such as marriage contracts, gifts and all those subject to land registration.
Where it is not compulsory, a notarized deed is a wise precaution that should not be dispensed with. It should be a "reflex" to avoid many embarrassing situations.
Let's take an example. You rent a property and your tenant doesn't pay the rent. If you have drawn up a notarized lease, you'll be able to recover your funds, without having to go to court. A notarial deed will also give you security and peace of mind when you want to set up or transfer a business, or draw up an IOU... These are just a few examples among many others.

Avoid private deeds

A private deed is drawn up and signed solely between the parties concerned, without any other formalities or participants. It is not recommended, because in the event of a dispute or challenge, it will carry less weight in the scales of justice than an authentic deed. A signatory acting in bad faith could disavow it at any time. It is also likely to contain omissions, errors or approximations that could call into question the proper execution of the contract. Finally, there is no guarantee against loss or destruction.

A deed of security

The authentic deed is more reliable for a number of reasons:

• it is drawn up by a legal professional (the notary), which avoids errors and confusion when drawing up the contract. What's more, notaries have a duty to advise their clients. He must ensure that the parties are fully informed of the consequences of their commitment, and that the deed they sign protects their respective interests;
• the original deed (the "minute") is kept by the notary who drew it up, to prevent any falsification, loss or deterioration;
• the content and date of the deed are indisputable. It is said to have a "date certain";
• an authentic instrument is an instrument that stands on its own. Like a judgment, it has "probative force" (evidential value);
• The notarial deed is also "enforceable", which means it can be used directly for enforcement procedures (such as seizure), without waiting for a court decision.

The authentic deed in electronic form

An authentic deed must be signed by each party and the notary(ies) present. In the interests of convenience and speed, the authentic deed can now be drawn up electronically. With confinement, it has found its full justification and is becoming more widespread.
This legitimacy has been confirmed by two texts:

• the law of March 13 2000(article 1316 of the French Civil Code) states that electronic writing is accepted as evidence in the same way as writing on paper. To respond even more effectively to the needs of the health crisis, it has the same legal value.
• Decree no. 2020-395 of April 3, 2020, supplemented the March 2000 law. It gives notaries the possibility of receiving notarial deeds "remotely", i.e. without the physical presence at their side of the parties to the deed. The notary is in contact with his interlocutors via a secure videoconferencing system, enabling him to verify the client's identity and capacity to sign. The electronically-drafted deed is signed in just a few minutes and then stored in a virtual library, the "electronic central minutier".

The customer can receive an electronic copy of the deed, delivered by the signing notary, who is the only person with access to it. It is therefore possible, at any time, to retrieve the deed and its annexes and to issue copies.

Authentic deeds: a guarantee of automatic security

To formalize an agreement or commitment, nothing beats a notarized deed. Even in certain situations, this document is essential, on pain of nullity.

Let's discover the occasions when you should call on the services of your notary without moderation when drawing up authentic deeds.