What is an authentic act?

Purchase
Sale

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, July 21, 2022

Can't find the answer you're looking for?

Do not hesitate to contact us!

Noa Bechtiger

Noa speaks Deutsch and English, chat with her:

Do you have a broader question about real-estate?

We have asked our brokers to share their expertise with you; visit our blog where you will find everything you are looking for!

Check out our latest blog posts
How much is your property worth?

Appraise your property online in 2 minutes.
Free of charge, no strings attached.

Appraise my property for free
What is your purchasing capacity?

Wondering how much you can afford to spend on your dream property? Give a try to our easy calculator.

Calculate my purchasing capacity

Meet our local experts

Neho Local agent doing a real estate valuation

Benefit from a 15-minute consultation with one of our experts.

Free. No strings attached.
Book directly online.
Photo of the real estate agent: Jacqueline Marti
Photo of the real estate agent: Barbara Bordogna

Experienced agents,
experts in your region.

Free. No strings attached.
Book directly online.
Photo of the real estate agent: Angelo Mellone
Photo of the real estate agent: Nicolas Pivin

85 employees dedicated to getting you the best price.

Free. No strings attached.
Book directly online.
Photo of the real estate agent: Gianluca Sergi
Photo of the real estate agent: Julio Kimmelmann
Photo of the real estate agent: Lukas Speck
Photo of the real estate agent: Robert Mayr
Photo of the real estate agent: David Damiano
Photo of the real estate agent: Frédéric Frachon

Benefit from a 15-minute consultation with one of our experts.

Free. No strings attached.
Book directly online.