Luxembourg Notary Exam key terms

A written instrument drawn up by a notary or other public officer with the formalities required by law, giving it special evidentiary force and, where the law so provides, enforceability without a prior court judgment.

The original of a notarial deed that stays in the notary's office rather than being handed to the parties; copies later issued from it are expéditions or grosses.

A notarial deed whose original is delivered to the parties at once, the notary keeping only a copy on file; used where the law does not require a minute to be retained.

A copy of a notarial deed issued by the notary in enforceable form, allowing execution without a court judgment; only deeds that the law treats as executory may be issued in this form.

Certification by a notary or other authorised officer that a signature on a document was placed in his or her presence by the identified person, without certifying the content of the document itself.

The notary's duty to inform and advise every party on the legal scope and practical consequences of the act, and to ensure the deed reflects their informed and genuine intention.

The obligation of the notary to treat all parties equally and not to favour one interest, even where a single party pays the fees, chose the notary or introduced the client.

The duty of confidentiality covering facts learned by the notary in professional practice, subject to limited statutory exceptions such as reporting obligations in anti-money-laundering matters.

The anti-money-laundering duty requiring the notary to identify clients and beneficial owners, understand the purpose of the transaction and report suspicions to the competent supervisory authority.

The fees a notary may charge for drafting, authenticating and delivering deeds and for related services, calculated under the applicable tariff rules rather than freely negotiated with the client.

A real security over immovable property granted to a creditor, giving a preferential right to payment from the proceeds of a forced sale without transferring possession of the property to that creditor.

Entry of a mortgage or privilege in the mortgage registry; it fixes the creditor's rank and makes the security effective against third parties, including later purchasers of the property.

The public office where mortgages and privileges over land are recorded and where certificates on the charges affecting a property are issued to notaries, buyers and creditors.

A charge burdening one property for the benefit of another, such as a right of way, drainage or view; it runs with the land rather than belonging to a particular owner.

A right to use property owned by someone else and to receive its income, while the owner keeps the bare ownership; it ends at the latest on the usufructuary's death unless a shorter term is set.

A binding preliminary contract in which seller and buyer agree on a future notarial sale and fix price and conditions, often with a deposit and a condition such as obtaining finance.

A will received by a notary in the presence of two witnesses, read to the testator and signed by everyone present; it is kept by the notary and therefore cannot be lost or concealed.

A will written entirely by hand, dated and signed by the testator without notary or witnesses; after death it must be produced for verification and registration and is exposed to the risk of loss.

A gift of a determined asset or sum, or of a fraction of the estate, made in a will; the legatee takes that benefit without bearing the estate's debts beyond the limits set by law.

The instrument, drawn up by notary before the marriage or later where the law allows, in which the spouses choose their matrimonial property regime and settle the fate of their assets.

The matrimonial regime applying by default under Luxembourg law, under which assets acquired by either spouse during the marriage, including income and purchases, become common property.

A matrimonial regime in which each spouse keeps the ownership and management of his or her own assets, with household expenses shared by agreement; creditors normally reach only the debtor spouse's property.

A registered partnership between two persons who declare their common life before the civil registrar; it produces limited effects of support and property but is distinct from marriage.

A situation in which several persons own the same asset in undivided abstract shares; each may request partition, subject to conventions and to court-ordered sale where division in kind is impossible.

The public register where companies file their deed of incorporation, articles, accounts and changes of officers or capital; publication there makes information opposable to third parties.

A company whose capital is divided into parts sociales and whose members are liable only up to their contribution; transfers of interests are restricted by law and by the articles.

A company with share capital divided into actions, whose shareholders are liable only up to their contribution; it may issue shares to the public and is run by a board or a single director.

A Luxembourg company with shares whose articles may freely organise governance, share transfers and relations between shareholders, while liability remains limited to each shareholder's contribution.

Taxes due on certain written instruments and on transfers of property, assessed on the transaction value; payment is normally required before the deed is registered and can be relied on.

Tax levied on the value of assets transmitted on death, at rates that vary with the relationship between the deceased and the beneficiary and with reliefs for certain heirs and partners.

The administrative authorisation needed before building, extending or converting a structure, granted after the project is checked against planning rules and neighbourhood and environmental constraints.

The municipal development plan that zones the whole communal territory into housing, activity, green or other areas and sets general building rules, binding later detailed plans and permits.

A detailed development plan adopted for a defined area of a municipality, fixing street layout, plot division and building rules within the framework set by the general municipal plan.

A right held by a public body, or by a private party under law or contract, to buy a property first when the owner intends to sell it, on the terms offered.

Enforcement procedure by which a creditor seizes a debtor's immovable property and has it sold by public auction under court control, the proceeds being distributed according to creditors' rank.

The local court of first instance dealing with small civil claims, tenancy disputes, certain family and guardianship files and non-contentious matters, with several seats across the country.

The language rule for notarial deeds in Luxembourg: French is the usual drafting language, and the notary must ensure every party understands the text, calling on an interpreter where needed.

A translator officially sworn before a Luxembourg authority, whose translation of documents such as powers of attorney, civil-status records or title deeds can be certified and accepted by the notary.

A contract by which a third party guarantees a debtor's obligation and becomes liable to the creditor if the debtor fails to perform, usually up to a stated amount and duration.

A formal notice by which a creditor tells the debtor that performance is now due and places him in default, often a prerequisite for interest, damages or termination.