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.
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.
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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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