The notary’s role in instances where immovable property is alienated to or from minors

Abstract

This Professional Report explores the critical role of the notary in transactions involving the alienation of property to or from minors. Given that minors are often deemed legally incapable of making binding decisions regarding property, the notary plays a vital role in ensuring that these transactions are conducted within the legal framework that protects the minor’s interests as well as the interests of the other party or parties. The report examines the notary’s responsibilities in assessing mental capacity, ensuring that all parties fully understand the implications of the transaction. The report also details the procedural requirements that must be followed, including obtaining court authorisations or verifying the validity of documents, and ensuring compliance with legal standards. By outlining these procedures, the report will serve as a guide for junior notaries and legal practitioners on how to tackle property transactions involving minors. It underscores the importance of the notary’s role in safeguarding minors’ rights and ensuring that all legal protections are upheld during the process of property alienation.