CVLE Vocational Examination - Notary (Mauritius)

A sugar estate owner has placed irrigation equipment on his land for its service and exploitation. How does article 524 of the Code Civil Mauricien classify the equipment?

• AAs movable property, because it could physically be removed
• BAs an immovable by nature
• CAs an immovable by destination
• DAs an incorporeal movable right

When does article 525 of the Code Civil Mauricien presume that an owner has attached movable effects to his property 'à perpétuelle demeure'?

• AWhen they are sealed in with plaster, lime or cement, or cannot be detached without damage
• BWhen they have been on the property for more than one year without being moved
• CWhen they appear in the owner's insurance policy as fixtures of the building
• DWhen they are worth more than the land on which they have been placed

A widow holds the usufruct of a house, and her children hold the bare ownership. She wants to let the house. Which statement reflects articles 578 and 595 of the Code Civil Mauricien?

• AShe cannot let the house without the bare owners' written consent, since they own it
• BShe becomes full owner of the house after ten years of enjoying the usufruct
• CShe may let the house, but only to a member of her own family
• DShe may enjoy it, let it, or even sell or assign her usufruct

The main load-bearing wall of a house subject to usufruct needs rebuilding, not because of neglected maintenance. Under articles 605 and 606 of the Code Civil Mauricien, who bears the cost?

• AThe usufructuary, because she occupies the house and takes its fruits
• BThe bare owner, because rebuilding main walls is a major repair (grosse réparation)
• CThe cost is shared equally by law between usufructuary and bare owner
• DThe State, because the work concerns the structural safety of a dwelling

A notary is asked to draft a deed granting a usufruct over land to an association (a legal person). Under article 619 of the Code Civil Mauricien, how long can such a usufruct last?

• AFor as long as the association exists, since a legal person does not die
• BFor 99 years, like a long lease
• CFor the life of the association's founder, who signed the deed
• DNo more than thirty years

A neighbour has walked across a client's land to reach the beach for 35 years, but there is no written title. Under articles 690 and 691 of the Code Civil Mauricien, has a right of way been acquired?

• ANo: a right of way is a discontinuous servitude, so it can be created only by title
• BYes, because 30 years' possession creates any kind of servitude
• CYes, because the path is visible and the servitude is therefore apparent
• DNo, because servitudes can only be created by a court order after a survey

A client's plot has no access to the public road. Under articles 682 and 683 of the Code Civil Mauricien, where should the passage normally be taken?

• AAnywhere the landlocked owner chooses, provided he pays an indemnity
• BAlong the longest boundary, so as to minimise interference with the neighbour
• COnly through State land, so that private owners are not burdened
• DWhere the route to the road is shortest, but fixed at the least damaging place

A deed created a right of way in 1990, but it has not been used since 1994. Under articles 706 and 707 of the Code Civil Mauricien, what is its position in 2026?

• AIt remains valid forever, because it was created by a notarial deed
• BExtinguished: thirty years of non-use have run since 1994
• CIt lapsed after ten years of non-use, in 2004
• DIt can only be extinguished by a court judgment declaring it abandoned

A house stands on a plot being sold. Nothing in the title mentions the house. Under article 553 of the Code Civil Mauricien, who is presumed to own it?

• AThe builder who constructed it, until he is paid in full
• BThe State, until a building permit is produced for the house
• CThe landowner, unless the contrary is proved
• DThe tenant in occupation, who is presumed to have built it

Two neighbours disagree about the boundary between their plots. What does article 646 of the Code Civil Mauricien provide?

• AEither owner may compel the other to fix the boundary (bornage), at their joint expense
• BOnly the owner of the larger plot may request bornage from his neighbour
• CBornage is paid entirely by the party who requests it, as he benefits
• DBornage requires the prior approval of the municipal council in each case

Three heirs co-own a building in indivision. They want the notary to draft an agreement suspending partition for ten years. What does article 812 of the Code Civil Mauricien allow?

• AAny period agreed, because indivision is a matter of contract between heirs
• BUp to five years at a time, renewable
• CNo suspension at all, because partition can always be demanded by any heir
• DA suspension of up to 30 years, provided the agreement is registered

Two of three co-owners in indivision want to sign a new lease of the jointly owned property without the third co-owner. Under article 813-1 of the Code Civil Mauricien, what is required?

• AA two-thirds majority of the undivided shares, as for other acts of administration
• BA simple majority of the co-owners, counted by head rather than by share
• CThe consent of all the co-owners; a new lease needs a special mandate
• DOnly the consent of the co-owner holding the largest share

An apartment owner in a copropriété wants to sell his flat but keep his share of the common parts for later. Under articles 664-3 and 664-11 of the Code Civil Mauricien, is this possible?

• AYes, if the syndic agrees in writing and the règlement is amended
• BYes, because common parts are held in indivision and can be partitioned at any time
• CYes, if the deed of sale is transcribed at the Conservator's office
• DNo: private and common parts of a lot are inseparable

From when is a règlement de copropriété, with its état descriptif, enforceable against co-owners, their successors, tenants and occupants under article 664-15 of the Code Civil Mauricien?

• AFrom its transcription at the Conservation des Hypothèques
• BFrom the date the developer signs it before the notary
• CFrom its approval by the municipal council under the building permit
• DFrom the first general meeting of co-owners, which adopts it

Under article 664-35 of the Code Civil Mauricien, what majority is required at a general meeting of co-owners to appoint or dismiss the syndic?

• AUnanimity of all co-owners
• BA simple majority of the co-owners present and represented
• CTwo-thirds of the co-owners present
• DThe absolute majority of the votes of all the co-owners

A buyer signed a notarial deed of sale but never had it transcribed. The seller then mortgaged the same land to a bank, which inscribed its mortgage. Under section 5 of the Transcription and Mortgage Act, what is the buyer's position?

• AAs his deed was not transcribed, it cannot be set up against the bank's inscribed mortgage
• BHe automatically prevails, because his deed of sale is earlier in date
• CThe bank's mortgage is void because the seller no longer owned the land between the parti…
• DThe Conservator of Mortgages must choose between the two competing titles

A bank's mortgage inscription was taken in 1990. For how long does an inscription preserve the mortgage under section 61 of the Transcription and Mortgage Act and article 2196-4 of the Code Civil Mauricien, and what must the bank do?

• ATen years, so it lapsed in 2000 unless it was renewed
• BIndefinitely, until the secured debt has been paid in full
• CForty years; renew it before 2030
• DTwenty years, renewable once for a further twenty years

A couple married in Mauritius without a marriage contract and made no declaration about their regime at the celebration. Under article 1400 of the Code Civil Mauricien, which matrimonial regime applies?

• AThe legal regime of separation of property, applied automatically
• BThe communauté légale (legal community)
• CUniversal community of all present and future property
• DNo regime at all until they sign a notarial marriage contract

An engaged couple want separation of property but do not wish to sign a marriage contract before a notary. What does article 1475 of the Code Civil Mauricien allow?

• ANothing; separation of property always requires a notarial marriage contract
• BThey may register a private agreement after the wedding
• CThey may choose separation within one year of the marriage by letter to the Registrar-Gen…
• DThey may declare the legal separation regime at the celebration

A wife married under the communauté légale inherits a house from her father during the marriage. Under article 1405 of the Code Civil Mauricien, how is the house classified?

• AIt remains her own property (bien propre)
• BIt becomes community property owned equally by both spouses
• CIt belongs to the husband as head of the household
• DIt becomes community property unless she declares otherwise within six months

A husband married under the communauté légale claims that a car bought during the marriage is his own property, but he has no documents. What does article 1402 of the Code Civil Mauricien provide?

• AEvery item bought during the marriage belongs to the spouse who paid for it
• BThe spouse in whose name it is registered is always the owner
• CIt is presumed a community acquest unless proved to be his own
• DThe court splits its value equally between the spouses without further enquiry

Under the legal regime of separation of property, a husband incurs a personal business debt. Can his creditor seize his wife's property? What does article 1476 of the Code Civil Mauricien provide?

• AYes, because spouses are always jointly liable for each other's debts
• BNo: under separation of property each spouse answers for his own debts, save household de…
• CYes, after a court order declaring the debt a household debt, in every case
• DNo, and the husband's own property is also protected from the creditor

When must a marriage contract (convention matrimoniale) be drawn up under articles 1394 and 1395 of the Code Civil Mauricien, and in what form?

• AWithin six months after the marriage, in any written form signed by both spouses
• BAt any time, by private agreement registered with the Registrar-General
• CBefore the wedding, by notarial deed signed by all parties together; effective from the w…
• DAfter the birth of the first child, by declaration before a Magistrate

Spouses married for three years under the communauté légale ask a notary to change their regime to separation of property now. What does article 1398 of the Code Civil Mauricien require?

• AThey may change it at any time by notarial deed alone, without any court involvement
• BThey must divorce and remarry under the new regime
• CThey need only notify the Civil Status Officer, who notes the change on the certificate
• DAfter five years: notarial deed, homologation, and publication

Two Mauritians married abroad have just set up their first marital home in Mauritius. Which option does article 1399 of the Code Civil Mauricien give them?

• AThey may, by joint consent before a notary, opt for a regime within six months
• BThey must remain under the foreign regime for the rest of the marriage
• CThey automatically fall under the legal regime of separation of property
• DThey must apply to the Supreme Court for a declaration of their regime

A widower dies intestate leaving a son and two daughters, all first-degree descendants inheriting in their own right. How does article 745 of the Code Civil Mauricien divide the estate?

• AThe son takes half and the daughters share the other half
• BThe eldest child takes a double share
• CEqually by head, one-third each, without distinction of sex or birth order
• DThe estate passes to the State because there is no surviving spouse

A married man dies intestate, survived by his wife and three children. Applying article 767 of the Code Civil Mauricien, what share of his estate does the surviving spouse take as heir?

• ANothing, because the children exclude the spouse from the succession
• BThe entire estate, as the surviving spouse
• CA usufruct over the whole estate, with no share in ownership
• DOne quarter, taking a share equal to each child's

A testator wants to exclude his wife entirely from his estate by will. Under articles 768 to 770 of the Code Civil Mauricien, what should the notary advise?

• AThe spouse is a forced heir, so her share can never be reduced by will
• BHer share may be removed by will, but not her usufruct over the family home
• CThe spouse's share can be removed only by a court order on the testator's application
• DA will cannot affect any share that the spouse would take on intestacy

A client with two children wants to leave as much as possible to a charity. Under article 913 of the Code Civil Mauricien, what is the maximum disposable portion?

• AOne-half of the estate
• BOne-third of the estate
• COne-quarter of the estate
• DThe whole estate, because charities are exempt

A client has no descendants. His mother is alive, but no ascendant survives in his father's line. Under articles 915 and 916 of the Code Civil Mauricien, how much may he give away by gift or will?

• ANothing, because the mother is a forced heir of the whole estate
• BOne-half of the estate
• CThe whole estate, because only descendants have a reserve
• DThree-quarters

A father gave his daughter a flat during his lifetime, and the deed said nothing about how it should be treated in his succession. At his death, what does article 843 of the Code Civil Mauricien require?

• AShe must bring it into account (rapport) with her co-heirs
• BThe daughter keeps the flat outside the succession in all cases, since it was a lifetime…
• CThe gift is void because it favours one child over the others
• DThe daughter loses her share in the rest of the estate

A son wants to renounce his father's heavily indebted succession. What does article 784 of the Code Civil Mauricien, read with section 3 of the Transcription and Mortgage Act, require?

• AHe can renounce by staying silent for six months after the death
• BHe can renounce by a letter to each of the creditors
• CBy declaration before the Master and Registrar, to be transcribed
• DHe can renounce only through a notarial deed of sale of his share

An heir accepts a succession 'sous bénéfice d'inventaire'. What is the principal effect under article 802 of the Code Civil Mauricien?

• AHis liability for estate debts is limited to what he receives
• BHe becomes personally liable for all the estate's debts without limit
• CHe is exempt from all taxes and duties arising on the estate
• DHe receives a larger share than the heirs who accept without reservation

A wife donated a bungalow to her husband by notarial deed during the marriage. They are now separating, and she wants it back. What does article 1096 of the Code Civil Mauricien provide?

• AThe donation is irrevocable, like any other donation inter vivos
• BIt can be revoked only if children are born after the gift
• CDonations between spouses during marriage are always revocable
• DIt can be revoked only by the husband, as donee

How does section 2 of the Notaries Act define a notary?

• AA barrister who specialises in property law and conveyancing
• BAn officier ministériel authorised by the Prime Minister and admitted for life by the Chi…
• CA public servant employed by the Registrar-General to authenticate deeds
• DAny law graduate registered with the Association of Notaries

Having passed the CVLE notaries' examination, what further conditions under sections 4 and 5A of the Law Practitioners Act must a prospective notary meet before admission?

• AAge 25, the Prime Minister's authorisation, and 24 months' articleship
• BComplete 12 months' pupillage with a barrister and 3 months with an attorney
• CObtain a practising licence from the Mauritius Law Society
• DServe 5 years as a notary's clerk before applying for admission

What limit does section 3(1) of the Notaries Act place on the number of notaries?

• ANo limit, as long as each notary holds the prescribed licence
• BOne notary per district, allocated by the Chamber
• C50 notaries, a figure fixed in the First Schedule to the Act
• DNo more than 100 on the Roll, subject to regulations

A journalist asks a notary for details of a celebrity's recent property purchase. What does section 3(4) of the Notaries Act require?

• AThe notary may disclose the details once the deed has been transcribed
• BHe is bound by professional secrecy and may disclose only with consent or on a court order
• CThe notary must disclose because authentic deeds are public documents
• DThe notary may disclose if the journalist pays the fee for a copy

A newly admitted notary wants to open his office in Grand Baie. What does section 4 of the Notaries Act provide?

• AHe may open his office anywhere in Mauritius, including Grand Baie
• BHe needs the Chief Archivist's approval for any location outside Port Louis
• CThe office must be in Port Louis district; deeds may be signed elsewhere
• DHe must share premises with the Registrar-General's office

A notary draws up a deed of sale in which his own sister is the purchaser. What does section 6 of the Notaries Act provide?

• AThe deed is valid if the relationship is disclosed in the deed itself
• BIt is prohibited, and a deed drawn up in breach counts only as a private writing
• CThe deed is automatically void, and the sale cannot be proved in any way
• DThe deed is valid if two independent witnesses are present at signature

Which of the following is prohibited for a notary under section 7 of the Notaries Act?

• AInvesting client money, or having deeds or receipts signed in blank
• BBorrowing money for personal needs on the security of his own property
• CKeeping a clients' account at a bank separate from his office account
• DCharging the fees set out in the Schedule to the Notaries Act

An accounting firm proposes to share fees with a notary in exchange for referring conveyancing clients. What does section 8 of the Notaries Act provide?

• AIt is permitted if the Chamber of Notaries approves the arrangement in advance
• BIt is permitted for fee amounts below Rs 50,000 per transaction
• CIt is permitted if clients are informed in writing of the arrangement
• DIt is prohibited: no fee-sharing with non-notaries

What does section 10(3) of the Notaries Act require a notary to do with his Repertory each quarter?

• ASend a copy of the Repertory to the Registrar-General each month
• BPublish the Repertory in the Government Gazette each quarter
• CDeposit a copy with the Chief Archivist by the 25th of the month after each quarter
• DNothing, unless a Court orders production of the Repertory

When must a notary transfer original deeds to the Chief Archivist for safekeeping under section 10(4) of the Notaries Act?

• ANever; notaries keep their originals in their own custody in perpetuity
• BImmediately after each deed has been registered with the Registrar-General
• CBy 31 March each year, for originals dating from 40 years earlier
• DOnly when the notary retires or his office becomes vacant

A notary dies. What happens to his deeds and Repertories under section 11 of the Notaries Act?

• ATemporary charge by order; then a permanent successor by agreement or designation
• BThey pass to the notary's heirs as part of his estate, like other papers
• CThey are destroyed after an inventory is drawn up by the Syndic
• DThey go immediately to the Registrar-General for safekeeping

A notary receives Rs 2 million from a client on 1 March for a transaction that will be completed later. What does section 34 of the Notaries Act, as amended in 2024, require?

• AHe may keep the money in his office safe until completion of the sale
• BHe may deposit it in his personal account if he keeps a proper record
• CHe must return it to the client immediately and ask for it again on completion
• DDeposit it in his segregated clients' account within 21 days, unless the client asks othe…

A notary drafted a deed of sale, but the buyer refused to sign because the conditions had changed. What fee may the notary claim under section 37 of the Notaries Act?

• AHalf the fee
• BThe full scheduled fee, since the work was done
• CNo fee at all, since the deed was never signed
• DDouble the fee, as compensation for the wasted work

What security must a notary in private practice furnish under section 15 of the Law Practitioners Act?

• ARs 100,000, the same amount as an attorney in private practice
• BNo security, because the Association of Notaries insures all its members
• CRs 500,000, maintained with the Accountant-General
• DRs 1,000,000, deposited with the Chamber of Notaries