Family law & mediation
A notarial deed is a certified deed
The parties expect greater security from the notaire. The notaire has a duty to advise all parties to the contract impartially.
This duty to advise arises from the duty of the notaire, as a public officer, to explain to the parties to the contract the content and consequences of their commitments. The notaire must do more than simply draw up the deed; he must also take stock of his clients' legal position, inform them of their rights and obligations, examine the nature and scope of the transaction in question and consider the advantages and disadvantages that will arise.
A notaire who does not conscientiously fulfil his duty to advise may be held liable in tort. She will only be able to avoid liability by proving that she warned her client in advance of the risks involved; the client's acceptance of the risks being an obstacle to recourse against the notaire.