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.
The registers and documents that professionals are required to keep or draw up have, against their author, the same evidential force as writings under private signature; but the person relying on them may not divide the entries in order to retain only those that are favourable to him.
Domestic registers and papers are not evidence in favour of the person who wrote them. They are evidence against him: 1° In all cases where they formally state a payment received; 2° When they contain the express mention that the writing was made to make up for the defect of the title in favour of whom they state an obligation.
A notation of a payment or other cause of discharge made by the creditor on an original document of title which has always remained in his possession is equivalent to a simple presumption of discharge of the debtor. The same applies to a notation made on the duplicate of a document of title or receipt, provided that the duplicate is in the hands of the debtor.
A reliable copy has the same probative value as the original. Reliability is left to the discretion of the judge. Nevertheless, an enforceable or authentic copy of an authentic writing is deemed reliable. A copy resulting from an identical reproduction of the form and content of the deed, and whose integrity is guaranteed over time by a process that complies with conditions set by decree in the Conseil d’Etat, is…
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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
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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
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