Madagascar solicitors role
Madagascar solicitors role.
Madagascar solicitors role.
Madagascar solicitors role.
This is the ROLE of the Notary in Madagascar. By the Diana Real estate agency Diego-Suarez.
Well known in his intervention, the Notary is a publicly appointed official established to receive the acts to which the parts owe or want to give the character of authenticity to the acts of the public authority to insure the date, keep, preserve the deposit and to deliver from the court’s decision that mentions the enforcement order and expedition.
Here, is to refer as an authentic act, the act which is valid until improbation, its contents noticed by the public notary is worth writ of execution, it makes of the double assumption of legality and accuracy and has a probative value on the national territory.
In the current world full of doubt, the public notary insures the legal safety(security), so in the pyramid of the proofs the authentic act is in the summit, it is the guarantee offered by the Publicly appointed official that he is.
The will to look for the legal safety(security) from the grounding of an agreement(convention) or a contract passes by the interest which we carry to his writer.
The public notary, as an impartial writer of the act should be sought by parts, so that they are insured to sign a well-balanced act, respecting the law and the tax system.
In Madagascar the public notary has served even before the 60’s. At that time the job was the privilege of some elites and french notable. Shortly after the institution of the first Republic, the Notary’s practice took a new from now, Malagasy were able to reach the profession.
Texts governing the notary’s practice were adopted law 2007.022 of December 12th, 2007 carrying status of the Notary’s practice showing the will of the profession to adapt itself to the Malagasy social reality as well as to the socioeconomic development.
On the international level, the malagasy Notary’s practice tries constantly hard to conform to the standards all over the world imposed. For that purpose except for its membership in the French-speaking Notary’s practice the November 2013 was admitted official member of the INTERNATIONAL UNION OF the LATIN NOTARY’S PRACTICE ( UINL) having satisfied the required strict conditions.
Except for the law 2007.026 of December 12th, 2007 carrying status of the Notary’s practice, the function of the public notary in Madagascar is so very regulated by a ministerial decree which was adopted to fix the rated price of the public notary.
THE ADVANTAGES OFFERED BY A NOTARIAL ACT:
- The public notary guarantees the legal safety (security) of the acts which he establishes.
Notarial acts establish a reliable proof on the existence of the rights of the person who uses the service of the public notary.
Furthermore, to warn (prevent) the possible conflicts, he looks constantly for the contractual balance between the contracting parts. - Notarial acts are endowed with a probative value.
Their contents are valid and considered as exact, until the improbation. Indeed before the writing and the signature of the act, the public notary consults the legal instruments (the laws, the decrees, the jurisprudence …) relative to the special case. So, he advises and recommends rationally and expresses his objective, impartial opinion on the legal consequences to his customers. - Notarial acts have an enforceable strength.
In other words, by having a court’s decision that mentions the enforcement order of a notarial act, the contracting parties have the possibility of directly performing their obligations/bonds by the devolved auxiliaries (aids) for that purpose, by saving a court decision.THE NECESSARILY NOTARIZED ACTS: (ART 82 LAW OF 2007) ” Are necessarily notarized the following acts:
The constituent or translative acts of right, real estate realities of a value superior to 15 000 000 of Ariary;
The emphyteutic leases;
The constituent acts or the modifications of companies with real estate object, as well as acts noticing the transfer of titles(securities) the aforementioned companies;
Sales as is future of completion, the regulations(payments) of co-ownership as well as the transfers of prizes of co-ownership, the regulations(payments) of lots as well as the transfers of buildings situated in a lot ;
The constitutions of real estate securities “.THE FIELDS OF INTERVENTION OF THE PUBLIC NOTARY:
· The family law:
Marriage contract, change of matrimonial system, deeds of gift, wills procedure relative to the opening succession, shares of a succession, the liquidation and the sharing of the goods.· The law of the real estate:
The Sale of the real property (insurance on the origin of property), negotiations of sales before contract (compromise, sales agreement), division of grounds, constraints, co-ownership, leases (in the long term, in construction, emphyteutic) …
- ·The company law and the business law:
Safeties, commercial lease, editorial staff, or modification of status, increase or decrease of capital, any act of the social life, …
To your service for any further information.
RAVELOMANANTSOA Manoa
NOTARY
Diego-Suarez Antsiranana Madagascar
Tel : +261 32 82 72 056
or
Tel : +261 34 77 720 56
Madagascar solicitors role
