Legal Definitions - authenticum

The term authenticum, originating from Roman and civil law, carries two distinct meanings:

• 1. An Original Instrument: In its most common sense, an authenticum refers to an original, genuine document. This means the primary, definitive version of a legal paper, rather than a copy, draft, or reproduction. It holds particular significance because it is the authoritative record from which all copies are derived and against which their accuracy are measured.

  • Example 1: Imagine a person's last will and testament. After it is formally signed and witnessed, the physical document itself, containing the original signatures of the testator and witnesses, is considered the authenticum.

    Explanation: This original will is the definitive legal instrument dictating the distribution of assets. Any photocopies, digital scans, or transcribed versions would be secondary; the original signed paper is the authentic and authoritative record of the testator's wishes.

  • Example 2: When two companies finalize a major business contract, the physical document bearing the original ink signatures of authorized representatives from both parties is the authenticum.

    Explanation: This original contract serves as the primary evidence of the agreement's precise terms and conditions. Should any dispute arise regarding the contract's content or validity, this specific document would be the authoritative reference, proving the exact commitments made by each party.

• 2. A Specific Collection of Justinian's Laws: In a more specialized historical context within Roman and civil law, Authenticum (often capitalized) also refers to a particular collection of legal texts. This collection comprises a Latin translation of 134 "Novels" – new laws or decrees – issued by the Roman Emperor Justinian I between the years 535 and 556 AD. These Novels were mostly originally written in Greek and served to update or supplement his earlier comprehensive legal code.

  • Example: A legal scholar researching the later developments of Roman imperial law might consult the Authenticum to understand how Emperor Justinian modified property rights or family law after the initial compilation of his famous Corpus Juris Civilis.

    Explanation: Here, Authenticum specifically denotes this historical Latin compilation of Justinian's Novels. It represents a crucial primary source for understanding the legal developments of that era, providing direct insight into the emperor's legislative activity beyond his initial codification efforts.