Legal Definitions - authentic act

In civil law systems, an authentic act refers to a document that holds significant legal weight and is presumed to be genuine due to its formal creation or official certification by a public authority. This legal term encompasses two primary types of documents:

• A document formally executed before a public officer: This is a writing signed or created in the presence of a designated public official, such as a notary public, who then attests to its authenticity and the identities of the parties involved. The official's involvement provides a strong presumption of validity, often making the document self-proving in legal proceedings.
• An officially certified copy of an original document: This is a reproduction of an original document that has been formally verified by a public authority (like a government agency or court clerk) as a true and accurate copy of the original.

Examples:

Example 1 (Document formally executed before a public officer):

Imagine a couple in a civil law country like France decides to enter into a prenuptial agreement before their marriage. They would typically draft the agreement and then sign it in the presence of a notary public. The notary would verify their identities, ensure they understand the terms, and then formally attest to the signing. This document, signed before and certified by the notary, becomes an authentic act.

How it illustrates the term: The notary's official involvement in witnessing the signing and certifying the document's execution gives the prenuptial agreement the status of an authentic act, making it legally robust and difficult to challenge later.

Example 2 (Officially certified copy of an original document):

A person needs to prove their citizenship for an international visa application and requires an official copy of their birth certificate. They request a copy from the government's vital records office. The office provides a copy stamped and signed by an authorized registrar, certifying that it is a true and accurate reproduction of the original birth record on file.

How it illustrates the term: This stamped and signed copy from the vital records office is an authentic act because a public authority has officially certified it as a true copy of the original document, giving it legal credibility.

Example 3 (Another example of officially certified copy, different context):

A business is involved in a lawsuit and needs to submit a copy of a court judgment from a previous related case as evidence. Instead of just providing a photocopy, they obtain a copy directly from the court clerk's office. The clerk affixes an official seal and signature, declaring that the provided document is a true and exact copy of the original judgment recorded in the court's files.

How it illustrates the term: The copy of the court judgment, officially sealed and signed by the court clerk, qualifies as an authentic act. This certification by a public officer ensures its reliability and acceptance as evidence in legal proceedings.