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N-2 - Notarial Act
Section 26
Disposition versions
26. The following table shows the parties who in the absence of a special agreement between them are entitled to choose the notary to pass the deed:
Nature of the deed Parties
_______________________________________________________________
Deed of Composition .......... The debtor.
Lease ........................ The lessor.
Contract of marriage ......... The future wife.
Donation ..................... The donor.
Inventory .................... The person obliged to make it.
Obligations, surety bonds,
new title, constitution of
rents and other similar
deeds ...................... The creditor.
Discharge, when it contains no
subrogation respecting the
sum which is applied in
payment .................... The debtor.
Discharge with subrogation ... The new creditor.
Rendering of account ......... The person who renders it.
Sale and transfer of movable
or immovable property or
rights:
(1) When the purchaser or
transferee pays the
purchase price
in full ................ The purchaser or transferee.
(2) When the purchaser or
transferee does not pay
the price in full or
when the vendor or
transferor receives all
that is coming to him
but charges the
purchaser or transferee
with the payment to the
vendor’s discharge of a
sum due by him ......... The vendor or transferor.
_______________________________________________________________
Deed of Composition .......... The debtor.
Lease ........................ The lessor.
Contract of marriage ......... The future wife.
Donation ..................... The donor.
Inventory .................... The person obliged to make it.
Obligations, surety bonds,
new title, constitution of
rents and other similar
deeds ...................... The creditor.
Discharge, when it contains no
subrogation respecting the
sum which is applied in
payment .................... The debtor.
Discharge with subrogation ... The new creditor.
Rendering of account ......... The person who renders it.
Sale and transfer of movable
or immovable property or
rights:
(1) When the purchaser or
transferee pays the
purchase price
in full ................ The purchaser or transferee.
(2) When the purchaser or
transferee does not pay
the price in full or
when the vendor or
transferor receives all
that is coming to him
but charges the
purchaser or transferee
with the payment to the
vendor’s discharge of a
sum due by him ......... The vendor or transferor.
If several persons are obliged to make an inventory and do not agree upon the choice of a notary, he shall be appointed by a judge in chambers on the motion of an interested party.
If several persons are obliged to make a deed of partition or any other deed or document relating to the settlement of a succession and do not agree upon the choice of a notary, he shall be appointed by a judge in chambers on the motion of an interested party.
When a loan is repaid with the monies realized from a new loan, the new creditor has the choice of the notary for drawing up and executing the discharge, notwithstanding any agreement to the contrary between the debtor and the creditor to be reimbursed.
26. The following table shows the parties who in the absence of a special agreement between them are entitled to choose the notary to pass the deed:
Nature of the deed Parties
------------------------------------------------------
Deed of Composition .......... The debtor.
Lease ........................ The lessor.
Contract of marriage ......... The future wife.
Donation ..................... The donor.
Inventory .................... The person obliged
to make it.
Obligations, surety bonds,
new title, constitution of
rents and other similar
deeds ...................... The creditor.
Discharge, when it contains no
subrogation respecting the
sum which is applied in
payment .................... The debtor.
Discharge with subrogation ... The new creditor.
Rendering of account ......... The person who
renders it.
Sale, assignment and transfer
of moveable or immoveable
property or rights:
(1) When the purchaser or
transferee pays the
purchase price
in full ................ The purchaser or
transferee.
(2) When the purchaser or
transferee does not pay
the price in full or
when the vendor or
transferor receives all
that is coming to him
but charges the
purchaser or transferee
with the payment to the
vendor’s discharge of a
sum due by him ......... The vendor or
transferor.
Nature of the deed Parties
------------------------------------------------------
Deed of Composition .......... The debtor.
Lease ........................ The lessor.
Contract of marriage ......... The future wife.
Donation ..................... The donor.
Inventory .................... The person obliged
to make it.
Obligations, surety bonds,
new title, constitution of
rents and other similar
deeds ...................... The creditor.
Discharge, when it contains no
subrogation respecting the
sum which is applied in
payment .................... The debtor.
Discharge with subrogation ... The new creditor.
Rendering of account ......... The person who
renders it.
Sale, assignment and transfer
of moveable or immoveable
property or rights:
(1) When the purchaser or
transferee pays the
purchase price
in full ................ The purchaser or
transferee.
(2) When the purchaser or
transferee does not pay
the price in full or
when the vendor or
transferor receives all
that is coming to him
but charges the
purchaser or transferee
with the payment to the
vendor’s discharge of a
sum due by him ......... The vendor or
transferor.
If several persons are obliged to make an inventory and do not agree upon the choice of a notary, he shall be appointed by a judge in chambers on the motion of an interested party.
If several persons are obliged to make a deed of partition or any other deed or document relating to the settlement of an estate and do not agree upon the choice of a notary, he shall be appointed by a judge in chambers on the motion of an interested party.
When a loan is repaid with the monies realized from a new loan, the new creditor has the choice of the notary for drawing up and executing the discharge, notwithstanding any agreement to the contrary between the debtor and the creditor to be reimbursed.
