LEGAL GLOSSARY
Acte de notoriété
Common translation —with “affidavit of next of kin” or “affidavit of heirship”— of the French acte de notoriété and certificat d’hérédité. It includes the names, residences and relationship of all next of kin. Act drawn up by a notary at the request of a right-holder and on the affirmation that he has (alone or with others) the right to collect (in whole or in part) the estate of the deceased. It is not, in itself, the expression of an heir wishing to declare the acceptance of the succession. This heir can therefore sign an act of notoriety and subsequently renounce the succession.
Affidavit
Voluntarily declaration of facts written down and sworn by the declarant before an officer authorize to administer oaths, such as a notary public
Affidavit of Accuracy
Statement of completeness and accuracy signed by the translator or a translation agency representative. This statement, signed if required before a Notary Public, attests hat the translator or translation company representative believes the target-language text to be an accurate and complete translation of the source-language text
Affidavit of Foreign Law
Memorandum on the applicable foreign law. It is drawn up on behalf of the party by a person familiar with such a law, usually an attorney. Such a certificate may be required by a French mairie, a French Notaire or a bank for the purpose of estate settlement (see Devolution of inheritance). It is created based on the attorney's examination of the individual's documentation (divorce decree, death certificate of spouse, etc.,) and verification and citation of the applicable marriage laws of the United States. Also said “affidavit of law” and more rarely “foreign legal opinion”. In French, certificat de coutume.
Affidavit of Kinship
Common translation —with “affidavit of next of kin” or “affidavit of heirship”— of the French acte de notoriété and certificat d’hérédité. It includes the names, residences and relationship of all next of kin. (See Devolution of Inheritance).
Affidavit of Single Status
Sworn statement which affirms that the person named is not already legally married and is free to marry under the laws of the country that requires the affidavit. Also called “affidavit of marital status”, “certificate of celibacy”, “certificate of non-impediment” and “certificate of freedom to marry.” Usually signed before a notary public. In French, certificat de célibat.
Apostille
Department of State authentication attached to a notarized and county-certified document for possible international use for the signatories of the Hague Convention which abolishes the requirement of legalization for foreign public documents.
The sole function of the apostille is to certify the authenticity of the signature on the document, the capacity in which the person signing the document acted and the identity of any stamp or seal affixed to the document.
U.S. vital records (birth, marriage, death) and judgments of divorce submitted to the French Consulate to be transcribed and registered, must be accompanied by an apostille.
An apostille is issued by the Secretary of State. It is a one-page document embossed with a seal and showing the facsimile signature of the official issuing the certificate.
Certificat de coutume
Statement about U.S. marriage laws certifying that an American citizen is free to contract marriage in France and that its marriage will be recognized in the United States. In French certificat de coutume. Some mairies may ask for an affidavit of law issued by an attorney licensed to practice in both France and the United States. The Affidavit of Law is prepared on the basis of the attorney's examination of the individual's documentation (divorce decree, death certificate of spouse, etc.,) and verification and citation of the applicable marriage laws of the United States.
Certificate of Non-Appeal
Also named “Certificate of Divorce Absolute” or “Search Certificate” Document attesting that neither party filed an appeal within the required delay and that the divorce is irrevocable. Must be produced along with the translation of the judgment of divorce...
Certified Translation
In the US, a certified translation is a translation which is followed by a statement of completeness and accuracy (called an affidavit of accuracy or Translator's Certification) signed by the translator along with his or her contact information. If requested, it can be signed before a notary public. The notary seal assures that the signature is that of the person whose name is listed as the translator and who has appeared before the notary. The notary public does not vouch for the accuracy of the translation but instead serves only to prove that the translator is the person who signed the document.
Any translation that requires an apostille must be signed before a notary public.
Note than more and more translations signed before a notary public who understands French language are usually accepted in France. Consult the receiving party.
Civil Law
System of law that emerged in continental Europe beginning in the Middle Ages and that is based on codified law drawn from national legislation and custom as well as ancient Roman law.
Civil law is the most widespread system of law in the world (see Map). It is also known as European Continental law. The central source of law that is recognized as authoritative result from codifications in a constitution or statute passed by legislature, to amend a code. Civil law systems mainly derive from the Roman Empire, and more particularly, the Corpus Juris Civilis issued by the Emperor Justinian ca. 529AD. This was an extensive reform of the law in the Eastern Empire, bringing it together into codified documents. Civil law today, in theory, is interpreted rather than developed or made by judges. Only legislative enactments (rather than judicial precedents) are considered legally binding.
Note that droit civil refers most usually, in France, not to the French legal system as a whole (cf common law) but simply to the law of obligations, i.e., to tort law and contract law. Hence, tort and contract rules are set forth in France primarily in the code civil. A French lawyer refers to the Code civil on a regular basis.
Civil Status
“Civil Status,” the wording/formulation chosen by the International Commission on Civil Status of which various European countries are members, is the literal translation of the French état civil which has no exact equivalent in the common law countries —though it encompasses more or less the US Vital records, i.e. the status of a person in private law, between the moments of birth and death, and information about parentage, nationality, name, residence, sex and legal capacity. An officier de l'état civil is a "civil registrar" or simply a “registrar.” Acte is a tricky one, its meaning varies from country to country, denoting either the original entry in the register or, alternatively, a copy of or even an extract from the original. While "certificate" might be an appropriate translation in many cases, the word "record" has, except where the context otherwise requires, been retained as a more general term covering all the foregoing possibilities.
Comity
Principle stating that a court of one country or jurisdiction will give effect to laws and judicial decisions of another country or jurisdiction, not as a matter of obligation but out of "courtesy", i.e. deference and mutual respect. Under the principle of comity, a divorce obtained in another country under the circumstances described above receives "full faith and credit" in all other states and countries that recognize divorce (in French: courtoisie).
Common Law
System of law that emerged in England beginning in the Middle Ages and is based on case law and precedent rather than codified law.
Common law is generally uncodified. This means that there is no comprehensive compilation of legal rules and statutes. While common law does rely on some scattered statutes, which are legislative decisions, it is largely based on precedent, meaning the judicial decisions that have already been made in similar cases. These precedents are maintained over time through the records of the courts as well as historically documented in collections of case law known as yearbooks and reports. The precedents to be applied in the decision of each new case are determined by the presiding judge. As a result, judges have an enormous role in shaping American and British law. Common law functions as an adversarial system, a contest between two opposing parties before a judge who moderates. A jury of ordinary people without legal training decides on the facts of the case. The judge then determines the appropriate sentence based on the jury’s verdict.
Contrat de mariage
In common law countries, the content of a prenuptial agreement (antenuptial agreement, or premarital agreement, commonly abbreviated to “prenup”) can vary widely, but commonly includes provisions for division of property and spousal support in the event of divorce or breakup of marriage.
In civil law countries, the sole object of a contrat de mariage, signed before a notaire is to determine the matrimonial régime offered by the civil code which only relates to the spouse properties. French future spouses have an option between several versions of the community property and other régimes, including séparation de biens (separate property). Those statutory régimes may, within certain public policy limits, be modified by the future spouses to accommodate their specific needs.
Of course, spouses may choose not to enter into a premarital agreement, and the default régime of communauté réduite aux acquêts (one of the forms of French community property) will then govern their legal relationship.
Cour de cassation
The most elevated court in the judicial order. The court includes six chambers (five civil chambers and one criminal chamber. Its mission is to assure respect for the law by quashing, with no further right of appeal decisions that violate the law. The same court must bring unity of interpetation of the law.
Deposition
A written statement of evidence. In marked contrast to the English System, the US litigation system relies heavily on pre-trial deposition. Each side’s witnesses appear before the others side’s lawyers to answers questions about the case. The answers are given under oath and recorded by a court official, so the written transcripts become a part of the document presented to the court.
Devolution of Inheritance
Also called “devolution of estate” (in French dévolution successorale). In French inheritance law, in there is no testament or donation, the code civil dictates the order of succession for the transfer of the property of the deceased (see Transmission of Property for Dual French-American Citizens).
Exequatur
Under the principle of comity, a court of one country or jurisdiction will give effect to laws and judicial decisions of another country or jurisdiction, not as a matter of obligation but out of "courtesy", i.e. deference and mutual respect.
Under the principle of comity, a divorce obtained in another country under the circumstances described above receives "full faith and credit" in all other states and countries that recognize divorce.
However, if one of the spouses contests the effects of the judgment in France, or wants to execute this judgment in France against the other spouse (alimony, seizures of goods or money, visits and lodging of the children), the court may decide to enter an order, called an exequatur, to enforce the foreign judgment.
Federal Law and State Law
Federal law in the United States originates with the Constitution, which gives Congress the power to enact statutes for certain limited purposes like regulating commerce. Nearly all statutes have been codified in the United States Code. Many statutes give executive branch agencies the power to create regulations, which are published in the Code of Federal Regulations and also carry the force of law [source Hourcade]
Forced heir/Forced heirship
Or Privileged Heir: heir with a statutory guaranteed reserved portion of an estate which he cannot be deprived of by gratuities addressed to other persons. His gratuitous dispositions can affect only a portion of his estate (see Réserve héréditaire).
Forced heirship is generally a feature of civil law legal systems which do not recognize total freedom of testation. See also Transmission of Property for Dual French-American Citizens.
Héritier réservataire
Privileged heir: heir with a statutorily guaranteed reserved portion of an estate and of which he cannot be deprived by gratuities addressed to other persons (see Réserve héréditaire).
Legal Opinion
Formal, written, and carefully reasoned statement of the law given by a respected lawyer. More recently, it is a formal letter of advice, in common use in the U.S. and gaining acceptance elsewhere, issued by a law firm to one of the parties at the closing of a contract (usually a mergers and acquisitions transaction, a financing arrangement or similar corporate transaction). The letter confirms that the other contracting party (usually the law firm's client) has taken the necessary corporate steps to execute the contract and that the contract will be valid, binding and enforceable in accordance with its terms. The form of a legal opinion has become largely standardized by convention and, unsurprisingly, is given careful review by the law firm before it is issued.
Letter of exemplification
Page attached to a New York City long form birth certificate or death certificate. It is hand-signed by a deputy city registrar and attests that the attached birth certificate or death certificate is a true copy of the actual record. A requirement for an Apostille. French: ampliation
Long Form Birth certificate
Certified photocopy or “vault copy”. Exact reproduction of the original birth record. It contains additional information: parents names, address and profession, name of the physician or midwife, name of the declarant and, in some States, surprising information — duration of the pregnancy and age of the mother at birth, weight of the birth, medication, level of education, race, etc. Birth certificate were and still are used as a data mine for statistical studies of the population..
Mentions en marge- Mentions marginales
Marginal notations are a measure of publicity intended to establish a relationship between two acts of civil status (acte d’état civil in the U.S., “vital record”) or between an act and the transcription of another act or judgment.
The first annotations are the acknowledge paternity of a child, and legitimization. When a child was born to a single mother, the midwife, or a relative, declared the child. Indeed, as long as the natural child was not recognized by his/her mother, he/she could not be his/her heir. The legitimization is consecutive to the marriage of the parents. Therefore, the child, who was named after the mother, will be named after the father.
To take effect in France mention of the divorce must be made in the margin of the marriage certificate and the birth certificates of each of the spouses.
Following the mention of the divorce, mention of the marriage must be also reported in the margin of the birth certificates of the spouses. Any town hall celebrating a marriage must send a notice to the town halls of the spousal births.
Finally, in the aftermath of World War II, to avoid identity theft, a ruling stated that mention of the death shall be made in the margin of the deceased’s birth certificate.
Notaire
The notaire is a public official responsible for receiving all the actes and contracts to which the parties wish to confer the seal of authenticity, to assure their date, to hold them in trust and to deliver authentic copies of them.
The legal training and authority of a notaire in France and a notary public in the United States are quite different. A notaire is part of the French legal system. Notaires follow legal studies much like American lawyers do. They receive and draft legal instruments, contracts, and other important documents to give them the official weight that is often required by the receiving party.
In the United States, many lawyers are also notaries but few notaries are lawyers. Notaries public have a more limited role than the French notaires. They administer oaths, attest to the authenticity of signatures and perform certain other acts varying from jurisdiction to jurisdiction. Most banks, county offices, insurance companies, and credit unions have a notary public on staff..
Notary Public
Public officer appointed or commissioned by a top official of their state constituted by law to serve the public in non-contentious matters usually concerned with estates, deeds, powers-of-attorney, and foreign and international business. The most typical notarial transactions involve the execution (signing) of documents. In order for documents requiring a notarial act to be properly executed, the signer must physically appear before the notary, prove his/her identity to the notary, and acknowledge his/her comprehension of the document and willingness to sign or swear/affirm that the contents of the document are true. . The term notary public only refers to common-law notaries and should not be confused with civil-law notaries.
Réserve héréditaire / Reserved portion
Portion of an estate that is earmarked for the descendants (reserved portion). Although a person is of age and capable, he cannot gratuitously dispose of his property without any restrictions. In all cases when the disposing person has an heir who is his lineal relative, his freedom to dispose an owner is reduced. His gratuitous dispositions can affect only a portion of his estate; the balance is reserved by statute to his descendant or ascendant heirs, who therefore are called héritiers réservataires (privileged heirs, or heirs with a reserved share). A reserve is a portion of the estate statutorily guaranteed for the linear heirs, and of which they cannot be deprived by grauities adressed to other persons.
Summons
Notice to a defendant that an action against him has been commenced and requiring to appear in court and answer the complaint
Traducteur assermenté
In France, the title of traducteur assermenté is protected by law and can be used only by translators registered on a list drawn up by the Cour de cassation (highest court in France) or a cour d'appel (court of appeals)..
Vital Records
Records of life events kept under governmental authority.
Sources: See WE INFORM > LEGAL RESOURCES
