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’.
A REFLECTION STRUCTURED AROUND FOUR AREAS
Finding one’s bearings in an international context
Helping notaries to find their bearings in terms of their knowledge of legal systems, their interpretations and hierarchy. The tools, websites and collaborative platforms available in France, Europe, and worldwide are
identified and presented.
The French notarial act in an international context
Overcoming the obstacle of the language at each stage of the drafting of the act, as well as checking the civil status of the parties, capacity; determining the currency of the price and the clauses pertaining to the election of domicile. Anticipating the act’s circulation and effectiveness beyond the borders. Adopting good habits when dealing with international aspects. Examining the tax consequences of mobility.
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 them to live abroad and informing them about international succession.
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. Effectively combating money laundering when there is a foreign element. Knowing the French land registration rules and their requirements.