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GAZETTE
JUNE 1980
International Union of Latin Notaries
For a number of years the Incorporated Law Society
has been represented at Bi-annual Meetings of the
Common Market Section of The International Union of
Latin Notaries (the proper title in French being — "La
Section Marché Commun de la Commission des Affaires
Europeénnes de L'Union Internationale du Notaratiat
Latin"). As meetings of The European Section of the
Union take place the day after the meeting of The
Common
Market
Section,
the
Law
Society's
Representatives have attended these meetings, along with
Representatives from the Law Society of London and the
Scottish Law Society, as observers.
The purpose of this note is to outline the nature of
these meetings, the topics discussed thereat, together with
a general note on the function of a "Notaire".
As the name implies, the Common Market Section is
confined to delegates from the Notarial Associations of
each Member State in the Community. However
delegates from non-E.E.C. countries in Europe also
attend as observers, with the result that meetings of both
the Common Market Section and the European Section
held the following day, are attended by upwards of 50
persons. Additionally the Representatives for the
Common Market Section — other than the Irish, English
and Scottish Representatives — are not the same
Representatives for European Section meetings, so that
all in all more than 100 people can be involved in the
Meetings generally!
When the Incorporated Law Society was invited to
send Representatives to the Meetings, it was thought at
the time appropriate to send two Delegates as was the
practise of both the Scottish and English Societies. More
recently however it was felt that one delegate was
sufficient to attend.
The Common Market Section is concerned with the
role of the Notary in the E.E.C. As a result Community
Legislation affecting that role figures exclusively on the
agenda. Thus any proposed Community Directives (for
instance in Company Law) are considered only to the
extent that a Notary's function may be affected by such
Directives. Accordingly topics such as the recent
Lawyers' Directive on Services would not be considered
at all by Notaries — the Notary having been excluded
from the definition of "Lawyer" in the Directive.
Meetings which are conducted entirely in French, un-
like meetings of the Commission Consultative, where
Delegates can use either English or French, are strictly
formal, the work of each Section being dealt with on
topics having previously been selected. Topics are farmed
out to Sub-Committees who, following detailed
Questionnaires to each Delegate, makes a Report to the
General Session. It is then up to each Delegate to publish,
if they so desire, the results in their respective Notarial
Reviews or Gazettes.
More recently the Section has been concerned with
topics of general interest to Solicitors, such as an
examination of Mortgages throughout the Market, the
characteristics of Private Companies and the system of
security given by Companies by way of Floating
Charges.
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The European Affairs Section deals not only with the
legislatative changes in the Laws of each Member State so
far as same might affect the position of notaries, but also
concerns itself on matters of a more general European
nature. Thus for example considerable time and attention
is given to studies of the respective matrimonial and
succession laws, laws relating to minors throughout
Europe etc. This particular Section recently concluded the
publication of "The Blue Book" a study of the laws
relating to Matrimony and Succession in Europe — a
copy of this volume is held by the Law Society's Library.
As with the Common Market Section all meetings are
conducted in French and the business of the Meeting is
again in a strictly formalised manner.
Continental Notaries are usually public officials,
appointed for life or for a fixed term, having power to
execute authentic deeds, usually in respect of will or
intention and also retain original Deeds on behalf of
clients. Legal Acts, which, to be valid in law in many
countries associated in the Union, require to be evidenced
or established in a notarial Deed, e.g.
(a) Creation of mortgages on real property and ships,
(b) Transfer of Real property,
(c) Gifts,
(d) Marriage Contracts,
(e) Various forms of Last Will and Testament.
(0 Division of Deceased estates where a minor is
entitled to a share,
(g) Formation of Limited Liability Companies.
It will be seen therefore that the function of a Notary
goes further than that provided by a Notary Public in
Ireland and to a certain extent these functions are similar
to those carried out by Solicitors.
At a recent meeting each Delegate was requested to
draw his colleagues' attention to a list of various Notaries
or associations who would be willing to assist them on any
points of law or to assist in a general way. A list of those
persons or associations who might prove to be of useful
contact to Irish Practitioners in the event of problems
arising especially in the area of succession or family law is
available for consultation in the Law Society Library.
John Fish,
Irish Delegate to the U.I.N.L.
Sale of Goods Act, 1893
Copies of the Sale of Goods Act, 1893, are
available from the Society.
Pricc: £1, plus postage.