What is an authentic act?

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An authentic act is a contract drawn up by a public officer, generally a notary, and can also be called a notarial act. As soon as it is signed, it has an important legal value and allows to frame several operations.

In which situations can an authentic act be drawn up?

 

An authentic act can be established in different situations such as

  • A marriage contract;
  • A will;
  • A sales contract; etc.

 

What are the advantages of an authentic act?

  • The authentic act has a strong legal value. Thus, as soon as it is signed, it can be used to assert one's rights. This date, which is called the date certain, can be used in case of doubt.
  • By going before a notary to draw up an authentic act, you will have the guarantee that the document has all the compulsory mentions. The notary is then the guarantor of the content and will have to ensure his duty of advice so that the doubts of everyone are removed before signature. The notary is also responsible for keeping the document for the required period and giving an example to the different parties.
  • The authentic act is also enforceable. This means that the creditor does not have to obtain a judgment to enforce his rights if they are not respected. It acts as a judicial decision.
  • Finally, the authentic act has probative force. Its content having been validated by a notary, is incontestable proof in case of litigation.

By Charline Demange, December 12, 2022

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