Subsection 3: Deeds under private signature

A deed under private signature, recognised by the party against whom it is opposed or legally held to be recognised with respect to that party, is authentic between those who have subscribed it and with respect to their heirs and assigns.

The party to whom it is opposed may disavow his handwriting or signature. The heirs or assigns of a party may likewise disavow the handwriting or signature of their author, or declare that they do not know them. In these cases, the handwriting is verified.

The deed under private signature countersigned by the lawyers of each of the parties or by the lawyer of all the parties is proof of the handwriting and signature of the parties, both with regard to themselves and to their heirs or assigns. The forgery procedure provided for in the code of civil procedure shall apply to it. This deed is exempt from any handwritten mention required by law.

A deed under private signature evidencing a synallagmatic contract is only evidence if it has been drawn up in as many originals as there are parties with a distinct interest, unless the parties have agreed to hand over the only copy drawn up to a third party. Each original must state the number of originals that have been made. The person who has performed the contract, even partially, may not…

A private deed in which one party undertakes to pay another a sum of money or to deliver a fungible good is only evidence if it includes the signature of the party making the undertaking and a statement, written by that party, of the sum or quantity in words and figures. In the event of a discrepancy, the deed under private signature is proof for the sum written in full.

A private-signature deed only acquires date certain with regard to third parties on the day it is registered, the day a signatory dies, or the day its substance is recorded in an authentic instrument.