2019 Congress - Brussels
International family and estate issues, the notarial profession is faced with the challenges of international mobility.

Notaries are not like any other legal professional in situations that have a foreign element.
They are the operators of amicable international private law. They are the ones who determine under which legal configuration a case falls. They are the ones who draft contracts that can cross borders to secure families and estates. Marc Cagniart, President

A FRENCH CONGRESS OPEN TO
NOTARIES FROM AROUND THE WORLD

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Presentation of the Congress

Speech of Marc Cagniart

Brussels in images

Speech of Marc CAGNIART

Brussels in images

Although borders still exist, they are easily crossed nowadays. Nonetheless, any legal position is necessarily connected to a territory governed by its own legal system.

You can see this by simply asking yourself: « Looking around me, is there at least one international factor in my family, estate or profession? » We undoubtedly all find one foreign element, whether it be a non-French spouse or partner, a child or relative living outside France, a second home outside France, or quite simply a non-resident contracting partner who also travels with his or her national legal baggage.

Modern mobility generates a variety of situations that are a challenge for lawyers, especially for notaries, who assist citizens at key stages of their lives and whose clients are not always fully aware of the consequences their choices may have.

Notaries have to thoroughly assess and understand the internationalisation of the cases they are faced with on a daily basis, to make them more secure. The French Notaries' Congress Association will be doing some original and virtually unprecedented thinking about the consequences of this internationalisation throughout 2019. More generally, this is an invitation to rediscover a theme as old as humanity, namely that of 'otherness'.

ARE YOUR CLIENTS FRENCH OR DO THEY LIVE IN FRANCE?

DO YOUR CLIENTS INVEST IN FRANCE OR MAINTAIN CLOSE RELATIONS WITH FRANCE?

YOU MAY THEREFORE NEED TO IMPROVE YOUR KNOWLEDGE OF FRENCH NOTARIAL PRACTICE OF FRENCH INTERNATIONAL PRIVATE LAW (DIP, Droit International Privé).

French notaries have decided to hold their national congress in Brussels and the theme is international private law. Brussels, one of the capitals of Europe, is the symbolic venue for the examination by the French Notaries of the issues surrounding the internationalisation of law, exchanges and cooperation.

In what way can the French Notaries' Congress be of interest to notaries outside France?

Knowledge of DIP is a tool to meet the security needs of citizens who happily cross the borders.

This means that notaries practising in France and notaries practising outside France, who have French clients, have to offer solutions relating to family and property issues resulting from the mobility of their clients.

This also requires a more intense dialogue and enhanced cooperation between notaries of all countries.

A reflection intended for legal professionals and citizens.

Giving notaries, faced on a daily basis with international situations pertaining to family, estate, private or professional concerns, a practical knowledge of French international private law.

Informing citizens, whether they be French residing either in or outside France, or of other nationalities linked by an aspect of French law, about the legal and tax consequences, of which they may have little knowledge or be unaware, of their actions in the presence of a foreign element.

A reflection structured around four areas

The same types of questions arise for notaries, irrespective of whether they practise in France, in another country of the European Union or on another continent.

  • First commission: Finding one's bearings
    The notary in an international context

    Helping notaries to find their bearings in terms of their knowledge of the various legal systems, their interpretations and their hierarchy. The tools, websites and collaborative platforms available at French, European and global levels are listed and presented.

  • Second commission: Drafting
    The French notarial instrument in an international context

    At each stage of the drafting of the notarial instrument, overcoming the obstacle of the language as well as checking the identities of the parties, the capacity in which they act; determining the expression of the price and the clauses pertaining to the election of domicile. Anticipating the deed's circulation and effectiveness beyond the borders. Adopting good habits when dealing with international aspects. Examining the tax consequences of mobility.

  • Third commission: Living
    The family in an international context

    Partnerships, weddings, separations, inheritance and living abroad are about building a cosmopolitan family life and a global estate. Notaries advise couples through their knowledge of the international rules governing partnerships and matrimonial property regimes. Preparing to live abroad and international succession.

  • Fourth commission: Contracting
    Acquiring and financing in an international context

    Dealing with and financing an asset acquisition in France by a non-resident. Offering the lending institution guarantee and encouraging the freedom of establishment of citizens. Formalising the rights and obligations of the parties involved. Fighting efficiently money laundering when there is a foreign element. Knowing the French land registration rules and their requirements.

THE TEAM

President

Marc Cagniart

Rapporteur general

Pierre Tarrade

Vice-President and Treasurer

Patrick Metz

General commissioner

Fabrice Laevens

National communication

Jean Gasté

Digital & regional communication

Delphine Detrieux

Rapporteur of the summary report

Cyril Nourissat

General Secretary

Elisabeth Dupart-Lamblin

Commission 1

Caroline Ginglinger-Poyard
Marianne Sevindik

Commission 2

Jean-Christophe Rega
Olivier Lecomte

Commission 3

Valérie Marmey-Ravau
Frédéric Varin

Commission 4

Antoine Desnuelle
Cécile Sainte-Cluque-Godest

THE INTERNATIONAL CHALLENGES IN STATISTICS

2 000 000

Of French citizens live beyond French borders.

11%

Of French people have at least one parent of foreign origin.

+30%

Increase in the number of French people living outside France over the last ten years.

2019 will be an international and European year with, in particular, the implementation of the European regulations on matrimonial property regimes of couples and property regimes of partnerships, Brexit, and the European elections.

Keywords

Apostille - Authenticate - Brexit - CNUE - Conflict arising from a change in the facts - Conflict of laws - Connecting criteria - Consul - Continental law – Court of Justice of the European Union - Cross-border commuters - Cross-border sale - Divorce by mutual consent without a judge - Embassy - Eufides - European Convention on Human Rights - European Court of Human Rights - European enforcement order - European notary public profession - Examples of contract clauses - Expatriation - Fraud - Free movement - Freedom to contract - French Citizens abroad - Greater cooperation - Hague Convention - International adoption - International filiation - International succession - International taxation - Law of the place of jurisdiction - Law shopping – Jurisdiction dispute - Legalisation - Matrimonial status - Mixed marriage - Nationality - Non-resident - Peremptory norm - Petrification - Place of residence - Prenuptial agreement - Public instrument - Purchase abroad - Qualification - Recognition - Regulations on matrimonial property and inheritance regimes - Scrivener law - Sovereignty - Supranational - Trust - UINL - Welcome.

Les partenaires

L'association
Congrès Notaires de France remercie