Luxembourg Notary Exam flashcards

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

Cause in contract

Under Luxembourg's Civil Code, a contract requires a lawful cause; absence or unlawfulness of cause renders the obligation void.

Article 1583 sale

In a sale, ownership passes to the buyer as soon as the parties agree on the thing and the price, even before delivery or payment.

Fault liability elements

Liability under articles 1382-1383 requires a fault, damage, and a causal link; the burden of proof lies on the claimant.

Contract force of law

Article 1134 provides that legally formed agreements have the force of law between the parties and must be performed in good faith.

Default matrimonial regime

Since the law of 4 February 2014, spouses who marry without a notarial marriage contract are subject to the legal regime of separation of property.

Marriage contract form

A marriage contract must be executed by notarial deed before the marriage; it fixes the matrimonial regime and may be changed later under statutory conditions.

Forced heirship reserve

The reserved portion is one-half with one child, two-thirds with two children, and three-quarters with three or more children; the rest is disposable.

Holographic will

A holographic will must be entirely handwritten, dated, and signed by the testator; it needs no notary but must meet these formal requirements to be valid.

Mortgage registration

A mortgage must be created by notarial deed and registered at the mortgage bureau; its rank among creditors depends on the date of registration.

Transcription of sale

A transfer of immovable property is transcribed at the mortgage bureau; transcription makes the transfer enforceable against third parties.

Cadastral certificate

Before drafting a real estate deed, the notary obtains a cadastral certificate identifying the parcel, its area, and the registered owner.

SA minimum capital

A Luxembourg société anonyme must have a minimum share capital of thirty thousand euros, subscribed and paid up as required by law.

SARL minimum capital

A Luxembourg SARL must have minimum capital of twelve thousand euros, and its shares are subject to statutory transfer restrictions.

SAS minimum capital

A Luxembourg société par actions simplifiée may be incorporated with a minimum capital of one euro and has flexible governance rules.

RCS filing deadline

The notary must file the incorporation deed and required documents with the Register of Commerce and Companies within one month of incorporation.

Authentic act

An authentic act is received by a notary, read to the parties, and signed by them and the notary; it has special probative force and enforceability.

Notarial minute

The minute is the original authentic act retained by the notary; the notary issues copies or extracts (expéditions) from it.

Electronic notarial act

An electronic notarial act uses a qualified electronic signature and is stored in the notarial electronic system while preserving the same legal effects as a paper act.

Notary confidentiality

Notaries are bound by professional secrecy and may not disclose information learned in the exercise of their functions, except where law permits or requires.

AML client identification

Under Luxembourg anti-money laundering law, notaries must identify clients, verify beneficial owners, and report suspicious transactions to the financial intelligence unit.

Notarial discipline

Disciplinary proceedings against notaries are handled by notarial bodies; sanctions range from warning and reprimand to suspension and dismissal.

Real estate registration duty

A sale of immovable property generally triggers a six percent registration duty plus a one percent transcription duty, collected by the notary.

VAT on new buildings

The sale of a new building by a taxable person is subject to Luxembourg VAT at the standard rate instead of the registration duty applicable to old buildings.

Capital duty abolition

Luxembourg abolished capital duty on contributions to companies; incorporations and capital increases are generally exempt from this duty.

Building permit

A permis de construire is issued by the commune and is required before construction, substantial alteration, or demolition of a building.

PAG and PAP

The plan d'aménagement général sets communal zoning, while the plan d'aménagement particulier specifies detailed building rights for a defined area.

Environmental authorization

Certain installations and projects require an environmental authorization under Luxembourg law before operation, based on their nature and impact.

Tribunal d'arrondissement

Luxembourg has two district courts, in Luxembourg and Diekirch, which hear civil cases above the jurisdiction of the justice of the peace.

Enforceable notarial act

An authentic notarial act containing an obligation is enforceable without prior court judgment; the notary may issue a grosse for enforcement.

Cour de cassation

The Cour de cassation reviews only questions of law in final decisions and does not re-examine the facts of the case.

Language of notarial acts

Notarial acts are generally drafted in French; the notary must ensure the parties understand the content, using an interpreter if necessary.

Certified translation

A foreign document used in a notarial file may require a translation certified by a sworn translator before it is accepted.