Belgian Notary Ranking Exam flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Defects of consent

Error, dol, violence, and lesion. Error concerns substance or person; dol is deliberate deception; violence is coercion. These defects make the contract voidable, not automatically void.

Solidary obligation

Each co-debtor can be compelled to perform the entire obligation. The creditor chooses whom to pursue. Contribution among debtors is proportional unless the title provides otherwise.

Community of property

Default matrimonial regime. Acquisitions during marriage are shared; assets owned before marriage and gifts or inheritances received during marriage remain own property.

Change of matrimonial regime

Permitted after two years of marriage by notarial deed, subject to homologation by the family court. The change is published and opposable to third parties after registration.

Reserved portion

The share of the estate that cannot be disposed of freely. It varies with the number of children: one-half for one child, one-third for two, one-quarter for three or more.

Holographic will

A will entirely handwritten, dated, and signed by the testator. It requires no notary but must be probated. It can be revoked by a later will or destruction.

Mortgage

A non-possessory security interest over immovable property securing a debt. It requires an authentic or notarial deed and registration to be opposable to third parties.

Usufruct

A right to use and enjoy another's property for a term or life. The bare owner retains disposal rights. It terminates on death, expiry, or renunciation.

SRL/SBV

A limited liability company form with no minimum capital but requiring sufficient initial patrimony. Share transfers usually require a notarial deed unless the articles provide otherwise.

Directors' liability

Directors are jointly and severally liable for breaches of company law or the articles. The general meeting may grant discharge, which does not shield criminal or third-party claims.

Notarial secrecy

The notary must keep confidential all facts learned in the exercise of the office. Disclosure is permitted only under statutory exceptions, such as anti-money-laundering reporting duties.

Notarial liability

Contractual toward clients and delictual toward third parties. The notary must verify identity, capacity, and legality, and must refuse acts contrary to public order.

Registration duties on sales

Levied on the price or market value, whichever is higher. Rates vary by region and are collected by the notary as withholding agent and remitted to the treasury.

Inheritance tax

Calculated per heir on the net share after debts and funeral costs. Rates rise with the share and degree of kinship and differ by region.

Authentic deed

A deed drawn up by a notary in the required form, read to the parties, and signed by them and the notary. It has probative force unless challenged by inscription of forgery.

Minutes and copies

The notary retains the original minutes. Copies (grosses and expéditions) are issued with the notary's seal. Substantive changes require a new deed, not a correction.

European Certificate of Succession

Issued under EU Regulation 650/2012 to facilitate cross-border estate administration. It is evidence of heir status and powers but is not a substitute for national title.

Apostille

A simplified certification replacing legalization for documents exchanged between states party to the Hague Apostille Convention. It certifies the signature and capacity of the issuing officer.

IRAC method

A case analysis framework: Issue, Rule, Application, Conclusion. It structures legal reasoning and ensures facts are matched to the applicable rule before concluding.

Ratio decidendi

The legal principle that constitutes the binding reason for a court's decision. It must be distinguished from obiter dicta, which are persuasive but not binding.

Dol

A defect of consent consisting of deliberate misrepresentation or concealment intended to deceive. It must have been decisive for the other party's consent.

Lesion

A disproportion between reciprocal performances, recognized as a defect only in cases defined by law, such as certain sales of immovables.

Separation of property

A matrimonial regime where each spouse retains ownership of their assets. A participation claim may compensate contributions to acquisitions during marriage.

Inheritance pact

An agreement on a future estate, generally void except for permitted family arrangements approved by a notary and homologated by the court.

Easement

A burden on one property for the benefit of another, established by title, prescription, or destination of the owner. It runs with the land.

Pledge

A security interest over movables, requiring dispossession or, for certain assets, registration in the pledge register to be opposable.

SA/NV

A public limited company form with a statutory minimum capital, typically EUR 61,500 unless reformed. Shares are generally freely transferable unless restricted by the articles.

Merger by absorption

A transaction where one company absorbs another, requiring a notarial deed and statutory publication. Minority shareholders benefit from protection rules.

Conflict of interest

A situation where the notary's personal interest or a party's interest conflicts with impartial advice. The notary must decline or refer the parties.

Gift tax

Levied on notarial donations, with rates depending on kinship and region. Registration within the statutory period is required to validate the donation.

Powers of attorney

Must be authenticated or notarized when the principal is abroad and attached to the deed. They must specify the scope and duration of the mandate.

Habitual residence succession

Under EU Regulation 650/2012, the law of the deceased's habitual residence governs succession unless a nationality-based choice is made.