Article 1363 of the French Civil Code
November 7, 2023
No one may constitute a title to himself.
No one may constitute a title to himself.
Proof of a legal act may be pre-constituted by a writing in authentic form or under private signature.
The written word consists of a sequence of letters, characters, numbers or any other signs or symbols with an intelligible meaning, whatever their medium.
An electronic document has the same evidential value as a paper document, provided that the person from whom it emanates can be duly identified and that it is drawn up and stored in conditions that guarantee its integrity.
The signature required to perfect a legal act identifies its author. It manifests his consent to the obligations arising from that act. When it is affixed by a public official, it confers authenticity on the act. When it is electronic, it consists of the use of a reliable identification process guaranteeing its link with the act to which it is attached. The reliability of this process is presumed, in the…
In the absence of provisions or agreements to the contrary, the judge shall settle conflicts of evidence in writing by determining by any means the most likely title.
An authentic instrument is one that has been received, with the requisite solemnities, by a public official with the competence and capacity to act. It may be drawn up in electronic form if it is established and preserved under conditions laid down by decree in the Council of State. When it is received by a notary, it is exempt from any handwritten mention required by law.
A deed that is not authentic because of the incompetence or incapacity of the officer, or because of a defect in form, is valid as written under private signature, if it has been signed by the parties.
An authentic instrument is authentic until a forgery is recorded in respect of what the public official says he has personally performed or recorded. In the event of a forgery being recorded, the judge may suspend the execution of the instrument.
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.
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Resources
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
