Legal Definitions - de fide instrumentorum

De Fide Instrumentorum

This Latin phrase translates to "on the reliance to be placed on written documents." It refers to the legal principle concerning the trustworthiness and authenticity of written records or instruments when they are presented as evidence or form the basis of a legal claim.

In essence, when a legal dispute arises, and a written document is central to the case, the court or legal system must assess the "de fide instrumentorum" of that document. This involves determining whether the document is genuine, unaltered, and accurately reflects the truth it purports to convey. This principle is particularly relevant in situations where there are allegations of forgery, fraud, or tampering with a document.

Here are some examples illustrating this concept:

• A Disputed Business Contract: Imagine two companies are in a legal battle over a multi-million dollar contract. One company claims that a crucial clause in the signed agreement was fraudulently altered after both parties had initially agreed and signed, or that a signature was forged. The court would then need to examine the de fide instrumentorum of the contract. This means thoroughly investigating the document's authenticity, the validity of the signatures, and whether any unauthorized changes were made, to determine if it can be relied upon as a true and binding agreement.

• Challenging a Property Deed: A family discovers that a property deed, which supposedly transferred ownership of their ancestral land to a distant relative, appears to have an inconsistent date or a signature that doesn't match the original owner's known handwriting. They initiate a legal challenge to reclaim the land. The court's primary task would be to assess the de fide instrumentorum of that deed. It would scrutinize the document for any signs of forgery, alteration, or improper execution to decide if it is a reliable and legally valid instrument of transfer.

• Questioning the Validity of a Will: After an elderly person passes away, a newly discovered will surfaces, leaving all assets to a previously unknown beneficiary, completely contradicting earlier wills. Other family members suspect the new will is a fabrication or was signed under duress, and they challenge its validity in court. The court would then apply the principle of de fide instrumentorum to the new will. It would investigate the circumstances of its creation, the authenticity of the signature, and whether it truly represents the deceased's final wishes, before deciding whether to accept it as a legitimate legal document.