The Gazette 1980

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 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.

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. 110

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.