2. In your legal system, does the authentic instrument have enhanced probative value? What are the rules that provide that?

2. In your legal system, does the authentic instrument have enhanced probative value? What are the rules that provide that?

2. In your legal system, does the authentic instrument have enhanced probative value? What are the rules that provide that? 150 150 ih_authacts

Yes.

It is defined by the Notaries Act (Article 3) that Notarial instruments and engrossed copies are considered authentic instruments, provided that all the essential formalities required by this Act have been observed in their drafting.
All notarial instruments are authentic instruments.

The Slovenian Civil Procedure Act (ZPP) stipulates in Art. 224 as follows:
A document in a physical and electronic form, which is issued in the prescribed form by a national authority within the limits of its competence, and the document issued in that form by an autonomous local community, company and any other organisation or individual in exercising its/his/her public authority entrusted by law (authentic instrument) demonstrates the authenticity of what is confirmed or defined therein.

The same probative force also lies on other documents which are equalised with authentic instruments in regard to the probative force according to special regulations.

The General Administrative Procedure Act (Zakon o splošnem upravnem postopku) :
“ Art. 169 : The document which is in the prescribed form issued by a national authority, an organ of autonomous local community or by a holder of public powers within the limits of its competence demonstrates what is confirmed or specified therein (authentic instrument). The same probative force also lies on other documents which are equalised with authentic instruments according to special regulations.”*

*Translated from Slovenian by the authors of this information website.

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