CRIDON
has several important missions, but probably its most vital today
is database consultation on behalf of its members. In
2006, CRIDON answered 20,163 queries and no fewer than 502,491
documents were consulted in its databases. |
 |
French legislation on the use
of legal information is such that CRIDON's consultants are only
authorised to consult on behalf of their members and for the latter's
benefit. All other forms of consultation of legal information are
forbidden to CRIDON's permanent staff, and this restriction may be waived neither by the needs of their own
professional work nor by their academic position. |
 |
 |
The purpose of this
consultation mission is to address legal issues arising in all areas
that are of importance to the Notarial function. |
|
There is a mistaken
belief that CRIDON's consultants only deal with specifically notarial
issues. On the contrary, their mission is to support notaries who
contact them whenever they are in difficulty; and this unsurprisingly
includes issues that do not necessarily fall within the scope of
routine business. In fact, it is when clients present novel cases that
the Notary will have doubts and maybe reasons for anxiety. |
|
A good professional who is
familiar with wills, marriage settlements or filiation will
not necessarily be well equipped to advise a client who is seeking to
open a factory in Spain, have a boat built in Trieste, or help a
political party to buy premises for a new head office using money from
public savings. |
|
It is when dealing
with situations like this that are not part of the Notary's
bread-and-butter practice that CRIDON excels. |
|
Consultation also consists in
providing guidance to Notaries who have to find their way through the
complications sometimes engendered by new legislation,
administrative recommendations or the latest sudden change
in jurisprudence. |
 |
It helps Notaries to come to terms with the
new situation and its implications,
and factor these into their daily practice. |
|
It contributes to forging new working methods that are indispensable for the development of any professional practice. |
|
"Written consultations" are the most appropriate way to address legal issues for which there is no obvious solution, assuming, that is, that a sure solution is there to be found! |
|
Private law in France has been
changing and many queries that used to be "legal issues" with
answers dictated by "systematic solutions" based on a
mathematically rigorous logic, have become "de facto issues" that
are subject to the sometimes highly unpredictable sensibility of
the magistrates judging them. |
|
Our society no longer has
the courage to abide by the letter of the law when
enforcement yields decisions that are felt to carry too much pain. What we have
instead is a sense of proportionality. The letter of the law is not enforced when penalties appear too stiff. |
|
Whether they are right or wrong in the eyes of the law,
there is a likelihood that claimants will often only half win or half lose their case. |
 |
As a matter of principle CRIDON does not pronounce an opinion once a dispute has been engaged. |