Belgian Notary Ranking Exam key terms

A written act drawn up and executed by a notary in the required form, which carries special evidentiary force and enforceability. It records the parties' declarations and the notary's own observations of what was done before him.

The original authentic deed retained by the notary in his protocol, from which copies and extracts are issued. It must be preserved permanently and proves the content and existence of the act.

A copy of an authentic deed bearing the formula of enforceability, allowing the creditor to proceed directly to execution without prior court judgment. It is issued by the notary who holds the minute.

A person who attends the execution of a deed to attest that the formalities were observed and the parties appeared in person. Certain acts, such as wills and some mandates, require their presence by law.

The body of professional duties and standards governing notaries, including impartiality, independence, confidentiality, conflict-of-interest rules and the obligation to advise all parties equally. Breach may trigger disciplinary and civil liability.

The notary's obligation to serve all parties to an act equally, without favoring the party who instructed or pays him. He must inform each party of the legal consequences and refuse to act where interests cannot be reconciled.

The notary's obligation to explain the scope and consequences of the intended act to the parties and to verify that it matches their lawful intentions. This duty extends to tax consequences and to alternatives that may better serve them.

The notary's duty not to disclose facts learned in the exercise of his office, except where the law requires or permits disclosure. It survives the end of practice and protects clients, third parties and the notary's independence.

A situation where the notary's personal, family or financial interests, or his links to one party, could compromise his impartiality. He must decline the act or, where permitted, obtain informed consent and disclose the conflict.

The civil, disciplinary and sometimes criminal responsibility of a notary for faults in drafting, advising or formalities. Civil liability typically requires fault, damage and causal link, and may be covered by professional insurance.

The set of rules governing ownership of assets between spouses during marriage and on its dissolution. Spouses choose a regime, often by notarial contract, and a default regime applies in the absence of choice.

A notarial agreement in which spouses or future spouses choose or modify their matrimonial property regime. It must generally be executed before marriage and may be amended later only under statutory conditions and with formalities.

A regime in which assets acquired during marriage by either spouse become jointly owned, while premarital and inherited assets may remain separate. On dissolution the community is liquidated and shared according to statutory or contractual rules.

A regime in which each spouse retains ownership and administration of his or her own assets, with limited contribution to household expenses. Creditors of one spouse generally cannot seize the other's property.

A claim between spouses or their patrimonies to correct imbalances caused by one estate paying a debt of the other or improving its assets. It is calculated at liquidation and may be adjusted by contractual clauses.

The process of converting co-owned or community assets into defined shares, valuing them, settling debts and recompenses, and allocating specific assets or proceeds to each co-owner. It often requires a notarial deed for immovable property.

The statutory distribution of a deceased person's estate when no valid will disposes of the assets. Statutory heirs, ranked by order and degree, receive shares defined by law, subject to any reserved portions.

The portion of an estate that certain close relatives, typically children, are entitled to receive and which the deceased cannot freely give away. A will or gift that infringes it may be reduced after death.

A claim brought by a reserved heir to reduce excessive gifts or legacies so that the reserved share is restored. It is typically exercised against donees or legatees and may involve compensation or return of assets.

The statutory requirements for making a valid will, such as writing, signature, date and, for authentic wills, notarial execution with witnesses. Failure to comply generally renders the will void or unenforceable.

A declaration by which an heir accepts an estate while limiting liability for the deceased's debts to the value of the assets received. It protects the heir from personal liability beyond the inheritance.

A notarial act dividing co-owned assets among co-owners, such as heirs, and allocating specific property or sale proceeds. It has declaratory effect between the parties and may require publication for immovable property.

The fullest right a person can hold over a thing, comprising use, enjoyment and disposal, subject to law and the rights of others. It can be divided into usufruct, bare ownership and servitudes.

A temporary right to use and take the fruits of another's property while preserving its substance. The bare owner retains the right to dispose of the property, and the usufruct ends at the term or on the usufructuary's death.

A situation where several persons hold undivided shares in the same asset. Each may dispose of his share, but use and management follow statutory or contractual rules, and partition can generally be demanded.

A form of co-ownership in which individual units are privately owned and common areas are shared. A notarial deed usually establishes the building's rules, and the co-ownership association is governed by statute.

A right burdening one property for the benefit of another, such as a right of way or a restriction on building. It is attached to the properties rather than to their owners and must be established in writing.

A security interest over immovable property securing a debt, giving the creditor priority and the right to enforce against the property. It must generally be created by authentic deed and registered to be effective against third parties.

A notarial power authorizing the creditor, on default, to register a mortgage or to sell the property, sometimes without court intervention. Its validity and enforceability depend on strict statutory conditions and consumer-protection rules.

A contract by which a third party guarantees the debtor's obligation and becomes liable to the creditor if the debtor defaults. It may be limited in amount and duration and is often executed before a notary.

A commitment by which a person assures the performance of another's obligation, as distinct from a security interest in property. It may take the form of suretyship, a guarantee or an autonomous bank guarantee.

The public system recording rights in immovable property and security interests, giving them effect against third parties. Notarial deeds are typically filed for registration, and priority generally follows the order of registration.

An entity with legal personality separate from its members, formed to conduct business and capable of owning assets and contracting. Its creation and amendments to its articles generally require a notarial deed and publication.

The constitutive document of a company setting out its name, purpose, capital, governance and member rights. They are generally executed by notarial deed, published, and amended only through formal procedures.

The assignment of an ownership interest in a company from one holder to another. The formalities depend on the company form and may include a notarial deed, registration in the share register and approval clauses.

The principle that members of certain companies are liable for company debts only up to their agreed contribution. It protects personal assets but can be set aside in cases of fraud or serious mismanagement.

A tax levied on the registration of certain acts, commonly on transfers of immovable property at a percentage of the price. The notary typically collects it and registers the deed within statutory deadlines.

A tax on the transfer of a deceased person's assets to heirs and legatees, assessed by relationship and value. The notary often handles the declaration and payment as part of the estate settlement.

Value-added tax charged on the notary's fees and certain related services, at the standard or reduced rate depending on the transaction. It is distinct from registration duties, which are transaction taxes.

The rules determining which country's law applies and which courts or authorities have jurisdiction in a cross-border case. Notaries apply these rules to international successions, marriages and property transactions.

The place where a person has his centre of life, used as a connecting factor in private international law. It may determine jurisdiction and applicable law in succession and family matters.

The situation where a country's conflict rule refers to another country's law, and that country's rule refers back or onward. Some legal systems accept the reference, others apply only internal law.

A document issued by an authority in one EU member state to prove a person's status as heir, legatee or administrator. It is recognized in other member states without special procedure.

The structured approach to resolving a legal problem: identifying facts, framing the issue, locating applicable sources, applying rules, and reaching a reasoned conclusion. It includes statutory interpretation and precedent analysis.

The process of determining the meaning and scope of a legal text using textual, systematic, historical and teleological methods. Notaries rely on it to apply formal rules correctly and to anticipate risk.

The classification of facts into a legal category, such as sale, gift or partnership, which determines the applicable rules and taxes. It is a central step in notarial drafting and conflict-of-laws analysis.