Concours d'Accès au Stage des Notaires — Aspirant Notaire (Mali)

Under Article 33 of the OHADA AUPSRVE, under what condition does an authentic notarial act (acte notarié) constitute a titre exécutoire permitting forced execution?

• AWhenever it is written on legal parchment paper with a red ribbon
• BWhen it is an authentic deed recording a liquid and due claim and has been endorsed with…
• COnly after the debtor signs a confession before a police officer
• DWhenever the creditor is a licensed commercial bank

What is the defining distinction between the force probante and the force exécutoire of an authentic notarial deed in Malian civil law?

• AForce probante means the deed is enforceable by police, while force exécutoire means it i…
• BForce probante refers to the authentic evidentiary presumption of truth attached to facts…
• CBoth terms are identical and mean the document can never be challenged under any circumst…
• DForce probante applies only to testaments, while force exécutoire applies only to marriag…

What solemn procedural mechanism is required under the Malian CPCPS to challenge the authenticity of facts that a notary personally certified in an authentic deed?

• AA simple verbal objection during an informal conference
• BThe formal procedure of inscription de faux (plea of forgery in authentic writings)
• CAn anonymous complaint filed with the cadastral survey office
• DAn email to the Ministry of Justice

Under revised AUPSRVE Article 247, what debt-and-title conditions govern a forced sale of real property?

• AAn oral allegation is sufficient even when the debt is neither certain nor due
• BProceedings require an enforceable title proving a certain and due debt; auction also req…
• CThe debtor must first be convicted of a criminal offense
• DThe creditor must obtain a unanimous vote of the debtor's extended family

What is the crucial role of the notary in the purge des hypothèques (clearing of mortgages) during an amicable voluntary sale of real estate in Mali?

• AThe notary retains the sale proceeds to settle registered mortgage debts according to ran…
• BThe notary conceals the mortgages from the buyer
• CThe notary transfers all mortgage debts to the buyer's children
• DThe notary declares that mortgages automatically vanish without payment

If a creditor already holds an authentic notarial loan deed bearing the executory formula for a certain, liquid and due debt, must the creditor first obtain an OHADA payment order before forced execution?

• AYes, every creditor must obtain a payment order even when already holding an enforceable…
• BNo; the enforceable notarial deed is itself a titre exécutoire, so a separate payment-ord…
• CNo, because notarial creditors may seize property without any prior formal notice
• DYes, but only a police officer may issue the payment order

What is the consequence if a notary delivers an authentic executory copy (grosse ou copie exécutoire) of an act to a party who has not paid the consideration, without retaining the original minute?

• AThe notary is praised for administrative speed
• BThe notary commits grave professional negligence, risks disciplinary sanction, and may in…
• CThe document is automatically converted into an international banknote
• DThe debtor is declared immune from prosecution

Under revised AUPSRVE Article 325, what may multiple creditors do when distributing sale proceeds?

• AGive the proceeds privately to the judicial officers
• BAgree on a consensual sharing and send the agreement to the registry or auxiliary of just…
• CRequire the municipality to confiscate all proceeds
• DReturn all proceeds to the debtor before addressing any claim

Under what circumstance does a voluntary sale of real estate require formal judicial authorization (licitation judiciaire) before a civil court in Mali?

• AWhenever the property is sold to a foreign tourist
• BWhen the real property belongs to an indivision containing minor children, incapacitated…
• COnly if the land contains oil or gold deposits
• DLicitation judiciaire is never required under Malian law

What is the legal effect of an authentic deed of acknowledgement of debt (reconnaissance de dette notariée) executed before a notary in Mali?

• AIt is an informal moral promise that cannot be enforced in court
• BIt provides authentic evidence and a certain date; when issued in enforceable form for a…
• CIt immediately discharges the debtor from paying any money
• DIt requires annual re-authorization by the National Assembly

Under what condition may a party seek an ordonnance sur requête from the President of the Tribunal to appoint an expert notary to draw up an inventory of a succession in Mali?

• AIn non-contentious or urgent protective situations where it is necessary to preserve the…
• BOnly after all heirs have emigrated abroad
• CExclusively when the state intends to seize the estate for taxes
• DWhen the deceased left no property whatsoever

What is the role of the notary when drafting a cahier des charges for an amicable voluntary auction of undivided real estate in Mali?

• AThe notary sets the legal conditions, title references, servitude charges, and upset pric…
• BThe notary decides who will win the property before the auction starts
• CThe notary cancels all recorded land boundaries
• DThe notary sells the property secretly without telling the co-owners

What duty does revised AUPSRVE Article 38 impose on third parties in enforcement or claim-protection proceedings?

• AThey may obstruct the proceeding without consequence
• BThey must lend legally required support and may owe damages for failure, capped at the ju…
• CThey must pay every debt regardless of their connection to it
• DThey automatically become criminal defendants

What is the legal effect of a tierce opposition filed against a judicial decision approving a contested notarial estate partition (partage judiciaire)?

• AIt allows an omitted co-heir or interested third party who was not represented in the pro…
• BIt cancels all land titles in the district
• CIt transfers the estate to the municipality
• DIt deprives all heirs of their civil capacity

In the context of mortgage enforcement, what is an état hypothécaire (mortgage search certificate) issued by the Conservation Foncière in Mali?

• AA tourist map of residential properties
• BAn official certificate issued by the Land Registrar listing all mortgages, privileges, s…
• CAn architectural building permit
• DA tax exemption certificate for foreign investors

What happens if a notary instrumenting a real property sale fails to verify the état hypothécaire, and the buyer discovers an undisclosed existing mortgage after paying the purchase price?

• AThe buyer is without any recourse and loses their money
• BThe notary commits a grave professional fault (manquement au devoir d'efficacité et de co…
• CThe mortgage creditor is forced to forgive the debt
• DThe Land Registrar is dismissed from office

What is the legal effect of an authentic deed of settlement (acte de transaction notarié) terminating a pending civil lawsuit in Mali?

• AIt has, between the parties, the authority of res judicata in the last resort (autorité d…
• BIt is a non-binding draft that either party can disregard the next day
• CIt must be reviewed and approved by the Supreme Court before taking effect
• DIt converts the dispute into an ongoing criminal trial

What is an acte de notoriété in Malian notarial and probate practice?

• AA commercial advertising poster for celebrity endorsements
• BAn authentic notarial act established based on sworn declarations and documentary proof t…
• CA criminal indictment published by the police
• DA banking statement of insolvency

What rule governs the date of an authentic notarial act (date certaine) in Malian civil law?

• AThe date stated in an authentic act is legally presumed certain and true against all thir…
• BAn authentic deed has no certain date until signed by a police officer
• CThe date can be backdated by the notary by five years at the client's request
• DAuthentic deeds do not require any date

What is the procedure of homologation judiciaire of an authentic partition deed (partage successoral) when a minor is among the co-heirs in Mali?

• AThe court merely stamps the document without reading it
• BThe partition drafted by the notary must be submitted to the competent civil court for ju…
• CMinors are legally barred from ever inheriting property
• DThe partition is automatically void and the estate passes to the state

Under revised AUPSRVE Article 33, when can a foreign court decision or foreign public instrument qualify as an enforceable title?

• AAfter it has been declared enforceable in the state where enforcement is sought
• BThe municipal council of Bamako
• CThe Ministry of Mining
• DAny commercial notary office

What is the consequence if a notary fails to register an authentic deed subject to mandatory tax registration (enregistrement) within the statutory fiscal deadline in Mali?

• AThe deed is automatically transformed into a criminal infraction of high treason
• BThe deed incurs fiscal late penalties and fines for which the notary may be personally he…
• CThe parties are immediately deported from Mali
• DThe property is forfeited to the notary's personal estate

What constitutes an incident de faux raised during a pending civil lawsuit regarding a notarial act under the Malian CPCPS?

• AAn interlocutory procedural plea claiming that a document produced in evidence is a forge…
• BA physical fight between the lawyers in the courtroom
• CA request to translate the document into a foreign language
• DA demand to lower the courtroom air conditioning

Under what circumstance can a creditor who holds an authentic notarial act take a conservatory judicial mortgage over the debtor's real property?

• AOnly if the debtor has already fled the country
• BWhenever the creditor has an apparent debt and justifies circumstances likely to threaten…
• CNever, because authentic deeds prohibit all conservatory mortgages
• DOnly if the debtor is a public official

What is the legal effect of a mainlevée d'hypothèque drafted in authentic form by a notary upon full repayment of a loan in Mali?

• AIt transfers the debtor's property to the bank
• BIt authorizes the Land Registrar to cancel and erase the mortgage inscription from the La…
• CIt cancels the debtor's birth certificate
• DIt doubles the debtor's future interest rates

What is the role of the notary in the notification of real estate property transfers to the Conservation Foncière under the Code Domanial et Foncier?

• AThe notary retains the documents secretly in their desk drawer forever
• BThe notary is under a legal obligation to deposit the authentic sale deed and bordereaux…
• CThe notary must burn the original title deed
• DThe notary must demand that the buyer renounce their citizenship

What is the legal effect if a real estate sale deed is executed as a private agreement (acte sous seing privé) without an authentic notarial act in Mali?

• AIt is fully valid and automatically registers the land title at the conservation foncière
• BIt cannot effect the transfer of a registered Land Title (Titre Foncier) at the Conservat…
• CIt makes the buyer the supreme owner with priority over all registered titles
• DIt grants the buyer immediate immunity from all civil laws

How does Article 298 of the revised 2023 AUPSRVE require an incidental claim arising after service of the real-property seizure summons to be introduced?

• ABy a simple document drafted by counsel stating the supporting arguments, or by writ of s…
• BOnly by an oral objection made during the auction
• COnly through a criminal complaint to the prosecutor
• DBy an unsigned letter sent to the land registrar

What is the legal nature of an ordonnance de taxe rendered regarding disputed notarial fees in Mali?

• AA criminal sentencing order imposing prison on the client
• BA judicial determination of the allowable fees and disbursements rendered by the competen…
• CAn informal opinion issued by a commercial bank
• DA tax increase voted by parliament

Under what circumstance can a creditor attach funds held by a notary on behalf of a client using a saisie-attribution de créances?

• AAt any time against the notary's personal household bank accounts
• BOnly against specific client funds held in the notary's official escrow/trust account (co…
• CNever, because notaries are completely immune from all seizures
• DOnly with the oral permission of the Ministry of Defense

What is an acte de dépôt (deed of deposit) executed before a notary in Mali?

• AA bank deposit of coins into an automated teller machine
• BAn authentic notarial act recording the formal deposit and preservation of a private docu…
• CA police report on confiscated narcotics
• DA storage contract for industrial chemicals

What is the legal effect of an authentic compromise or conciliation protocol drawn up by a notary between disputing heirs?

• AIt can be annulled unilaterally by any heir who changes their mind the next morning
• BIt constitutes a legally binding contract that extinguishes the dispute and, when endorse…
• CIt has no legal standing until approved by the Ministry of Foreign Affairs
• DIt automatically voids all prior wills of the deceased

Under what circumstance must a notary refuse to issue a copie exécutoire of an authentic deed?

• AWhen the applicant is not the creditor or party legally entitled to forced execution, or…
• BWhenever the debtor requests that the copy be withheld
• CBecause the weather is rainy
• DWhenever the claim is under 1,000,000 FCFA

What is the procedure for an inscription d'hypothèque conventionnelle at the Conservation Foncière in Mali?

• AThe notary simply deposits an oral voice message with the Land Registrar
• BThe notary submits the authentic mortgage deed accompanied by two copies of the bordereau…
• CThe creditor writes their name with chalk on the building wall
• DThe mortgage is registered automatically by the police department

What is the consequence if two competing mortgage creditors register their conventional mortgages against the same Land Title on different dates in Mali?

• ABoth mortgages are cancelled and both creditors lose their money
• BPriority is determined strictly by the chronological date and rank of registration (prior…
• CThe creditor whose contract has the highest loan amount takes absolute priority regardles…
• DThe debtor decides which creditor gets paid first

What is the legal effect of a pacte commissoire in a real property mortgage under the revised OHADA Uniform Act on Securities?

• AIt is an agreement allowing the unpaid creditor to become the owner of the mortgaged immo…
• BIt is an absolute crime punishable by death
• CIt is an agreement to demolish the property within 48 hours
• DIt allows the debtor to cancel the mortgage without paying

What is an attribution judiciaire de l'immeuble sous hypothèque under OHADA security law?

• AA judicial order in summary execution by which the court attributes ownership of the mort…
• BAn order confiscating property to build a military base
• CAn order evicting all residents of a town
• DA transfer of real estate to a foreign diplomatic embassy

What is the statutory role of the notary during an amicable partition of family real estate in Mali?

• ATo arbitrarily assign all land to the oldest son and exclude all daughters
• BTo verify civil status, determine the legal shares of all heirs under the Code des Person…
• CTo seize all land on behalf of the notary's personal business
• DTo advise the heirs to abandon their claims

What is a soulte in a notarial partition deed in Malian civil law?

• AA criminal fine imposed on an unruly heir
• BA compensatory monetary payment made by a co-partitioner whose allotted lot exceeds their…
• CA tax paid to the municipal water authority
• DAn insurance fee for fire protection

What recourse is available to a co-heir who suffered a loss of more than one-fourth (lésion de plus du quart) in a notarial partition deed in Mali?

• AAn action in rescission or complementary compensation for lesion (action en complément de…
• BAn immediate declaration of war against the notary
• CThe co-heir is barred from any recourse once the deed is signed
• DA criminal complaint for maritime piracy

Under the Malian Code des Personnes et de la Famille, what is the default statutory matrimonial property regime when spouses marry without executing an authentic marriage contract?

• AThe separation of property regime (séparation de biens)
• BThe legal community of acquests regime (communauté de biens réduite aux acquêts)
• CUniversal community of all past and future property
• DImmediate forfeiture of all assets to the state

What assets constitute propre (separate) property of each spouse under the communauté de biens réduite aux acquêts regime in Mali?

• AAll salaries earned during the marriage
• BAssets owned by each spouse prior to the marriage, and assets acquired during the marriag…
• CAll commercial business profits generated during the marriage
• DHousehold groceries purchased jointly

What formal requirement is mandatory for a valid marriage contract (contrat de mariage) in Mali?

• AIt must be drawn up in authentic form by a notary prior to the celebration of the marriage
• BIt can be scribbled on a napkin after the wedding feast
• CIt requires oral approval from the local police chief
• DIt is valid only if written in an indigenous language

What is the defining rule of the separation of property (séparation de biens) matrimonial regime in Mali?

• AAll property acquired by either spouse belongs jointly to both in equal shares
• BEach spouse retains the administration, enjoyment, and free disposal of their personal pr…
• CThe wife cannot own any property under any circumstances
• DThe husband manages all assets and can sell the wife's property without her consent

What three forms of testaments (wills) are recognized as legally valid under Malian succession law?

• AVerbal wills, digital text wills, and anonymous wills
• BHolographic wills (testament olographe), authentic notarial wills (testament authentique)…
• CCommercial wills, maritime wills, and municipal decrees
• DCustomary wills without signature, tribal wills, and electronic mail wills

What mandatory conditions must be satisfied for a testament olographe (holographic will) to be legally valid in Mali?

• AIt must be typed on a computer and signed by two police officers
• BIt must be written entirely in the testator's own hand, dated (day, month, year), and sig…
• CIt must be published in the official gazette before the testator dies
• DIt can be dictated verbally to a neighbour

What is the legal concept of the réserve héréditaire (forced heirship share) in Malian succession law?

• AThe portion of an estate that the government confiscates for military expenditure
• BThe statutory fraction of the estate of which the deceased cannot deprive their protected…
• CAn emergency cash fund kept in the notary's office safe
• DA tax rebate on agricultural equipment

What is the quotité disponible in Malian succession law, and how does it relate to the réserve héréditaire?

• AThe portion of the estate that the testator may freely dispose of by donation or will to…
• BThe amount of money owed in income tax by the estate
• CThe total debt of the deceased
• DThe fraction of the estate given to the local mayor