Hello, my glossary is about Notarial law. I am making this glossary because I want to become a notary, and I realized that I had no knowledge about the terms notaries use. I study Social science and my focus is law and justice. I have politics, economics, and sociology classes in my program.
authentic deed
Noun
Document signed by a public officer who has the legal authority to authenticate it.
Example: The authentic act sas signed by all parties in the presence of the notary
fr: Acte authentique
co ownership
Noun
A legal situation where ownership of a single piece of property or an undivided building is shared among two or more parties
Example: The declaration of co-ownership defines the rules of the building.
fr: Copropriété
deed of sale
Noun
A formal legal contract by which the ownership of a property is transferred from a seller to a buyer in exchange for a specific price
Example: The buyers reviewed the deed of sale carefully before signing
fr: Acte de vente
easement
noun
A nonpossessory right to use and\or enter onto the real property of another person for a specific purpose without owning it
Example: The neighbor has an easement allowing him to use our driveway
fr: servitude
enforceability
noun
The legal power or status of a document, contract, or a court order that allows it to be executed or enforced by law, compelling compelling compliance without requiring further litigation
Example: due to its notatial nature,the contract has immediate enforceability.
fr: Force exécutoire
escalation clause
noun phrase
a provision in a contract that allows for an automatic adjustment of prices, rents, or wages based on changes in a specific economic index, like inflation.
Example: The commercial lease includes an escalation clause tied to inflation.
fr: clause d'indexation
formal notice
noun
A formal legal announcement or document delivered to a party to make them officisially are of a legal proceeding, a contract clause invocation, or a default.
Example: The notary sent a wtitten notice to the buyers regarding the upcoming closing date.
fr: Notification
gratuitous transfer
noun phrase
A legal act by which a person transfers property or a right from their own asset pool to another person without receiving any compensation or considerate in returns.
Example: A donation is a type of gratuitous transfer.
fr: libéralité
land registration
noun phrase
The official framework and administrative process of recording legal documents regarding deeds, mortgages, and property titles in a public registry
Example: The land registeration fee must be paid during the closing
fr: enregistrement
latent defects
noun
Hidden flaws or defects in a property that exist at the time of sale but are not visible or discoverable through a standard, reasonable inspection
Example: The seller can be held liable if the property has latent defects that render it unfit for use
fr: vice caché
matrimonial regime
noun phrase
A system of property ownership and financial rules chosen by or imposed on married spouses that governs their financial relationships with each other and with third parties
Example: couples can choose their matrimonial regime trough an agreement.
fr: régime matrimonial
mortgage
Noun
A legal agreement in which a lender lends money at interest in exchange for taking a title of the debtor's property.
Example: The bank registered mortgage on the house to secure the loan
fr: Hypothèque
notary
Noun
A public officer and legal professional authorized to certify legal documents, administer oaths and authenticate contracts or deeds.
Example: We need to go see the notary, so she can sign the contract
fr: Notary
Power of attorney
Noun phrase
A legal document authorizing a person to act as soon as an agent of attorney-in-fact for another person, especially to manage their property or Healthcare in case of incapacity
Example: She granted her son a power of attorney to manage her finances
fr: Mandat de protection
prenuptial ageement
noun phrase
A legal and notarized contract entered into by two people before marriage, establishing the financial rights, property division, and ruled that will apply in the event of divorce or death.
Example: they decided to sign a prenuptial agreement before the wedding
fr: contrat de mariage
purchase agreement
noun phrase
A legal contract that states that a buyer commits to buy a property and a seller commits to sell under a specified terms and conditions before the final closing
Example: they signed a purchahse aggrement and paid a deposit
fr: promesse de vente
release
noun
a written and formal statement signed by a creditor declaring that a debt or obligation has been fully paid off or fulfilled, thereby freeing the debtor from further liability
Example: The bank issued an official release of the mortgage
fr: quittance
succession
Noun
A legal transmission of a deceased person's property, assets, rights, and obligations to their heirs or beneficiaries.
Example: The notary is currently processing the deceased's succession.
fr: Succession
usufruct
noun
The legal rights to use and derive profit or utility from a piece of propriety that belongs to another person, provided that the property itself is not destroyed or damaged.
Example: the widow retains the usufruct of the family home until her death
fr: usufruit
will
Noun
A legal document in which a person expresses their final wishes regarding the distribution of their property and assets after their death.
Example: He updated his will after his grandkids were born
