NOTARIAL PRACTICE

GENERAL

Notarial Practice is essentially concerned with the authentication of documents or deeds, which create or convey real rights in land.

The following are examples of such real rights in land :

Personal and praedial servitudes Long-term leases Prospecting contracts Cessions of mineral rights Mineral leases

A notary must also attest Notarial Bonds and Nuptial Contracts.

ANTENUPTIAL CONTRACTS

An Antenuptial Contract is a contract entered into between two parties both of whom have contractual capacity to act and are legally competent to enter into a marriage. Their intended matrimonial property system is set out in the contract.

The Antenuptial Contract must be executed by both parties and attested by a Notary Public and registered in the Deeds Registry within a three months period from date of execution.

SERVITUDES

A Servitude grants the holder thereof of the right to or the restraint of another's property. There are a variety of ways in which to create servitudes and in certain circumstances it is necessary for a notary to draw up a Notarial Deed of Servitude and for this document to be duly registered in the Deeds Registry.

NOTARIAL BONDS

A Notarial Bond is signed by the Mortgagor (the Debtor) in favour of the Mortgagee (the Creditor), is attested by a notary, in which the Mortgagor undertakes and agrees that a legal obligation towards the Mortgagee exists and that it will be covered by the means of the proceeds of the movable thing hypothecated in the Notarial Bond. Thus Notarial Bond relate to movables.