Before notaries in Congress assembled in Lille, the keeper of the seals stressed the need to establish a "genuine cooperation between the professions of law in the interest of people and businesses".It was remember what is the major axis of the work of the commission Darrois. It indeed, after having rejected the idea of a merger of the professions, advocated their reconciliation within a community of lawyers, including through joint training and the development of a redesigned pioneered.
This proposal concerns the notaries and lawyers, but not only. It is as well as common training promoted by the Darrois report also interested the magistrates or the commission questioned the possibility of extending the pioneered to accountants. The essential message of the keeper of the seals, it is that the profession of notary and lawyer have nothing to lose in getting closer to, the purpose being to merge them or to give each the prerogatives of the other. It is also that this movement should be to the benefit of the users of the law.
Thus, the Minister has shelled the list of the new exclusive rights granted to the notarial profession in 2008. Now, it will be possible to individuals or businesses, or to establish a European cooperative society, in a joint or undivided property trust or to the seizure of non-professional real estate without having to go before a notary. In none of these three cases, the additional cost of these imposed authentic acts will have real consideration for those who need to use. The binding that will be granted by the notary public officer be indeed not helpful here. This is why, without depriving the notaries of their prerogatives, the idea today would seek to broaden the choice of legal solutions available, rather than the user of the right to de facto monopolies.
The commission's suggestion Darrois recognize a force to the countersignature of the lawyer is exactly in this direction. The intervention of a lawyer is to ensure, under conditions at least as good as those of a notary, legal security of the parties, in areas where the binding is not required. The establishment of a legal act will not result in the creation of a any monopoly, since it is always possible to use private act or the Act genuine. It will also avoid to support Parties to unnecessary costs since the Act of counsel, in contrast to the deed, will not feature of the binding, so that the parties can therefore be used each time that they will not need the costly attribute.
The Act of counsel is an innovation meeting the contractualization of society and the requirements of legal certainty, not the effect of "insatiable appetites." Certainly, six weeks after the filing of the report, the Minister could only make "beginnings", because the implementation assumes interventions in depth of the legislature.
Therefore, the Act of counsel assumes, to enter into the facts, an amendment to the 1971 Act, which falls within the jurisdiction of the Parliament. By announcing that he would be seized of this issue, it is therefore his consecration has announced the keeper of the seals, and, in the least convinced public of its necessity or its opportunity: it is that this innovation will be in the direction of any opposition between notary and lawyer, but in the modernization of the professions of law and in the well understood interests of users of the law.
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