- The date on which the authentic instrument was drawn up
There will be a conclusive evidential effect on the date of drawing up according to Article 157(1) Code of Civil Procedure: the date is a matter falling within the scope of the notary’s observations and operations declared in the course of exercising his/her official authority. Rebuttal of this evidential presumption is possible: see Article 151 Code of Civil Procedure.
- The place where the authentic instrument was drawn up
There will be a conclusive evidential effect on the place of drawing up according to Article 157(1) Code of Civil Procedure: reference to the place of drawing up is a matter falling within the scope of the notary’s observations and operations declared in the course of exercising his/her official authority. Rebuttal of this evidential presumption is possible: see Article 151 Code of Civil Procedure
- The signature by the parties of the authentic instrument
There will be a conclusive evidential effect on the origin of the signatures from the parties according to Article 157(1) Code of Civil Procedure: reference to the origin of the signatures is a matter falling within the scope of the notary’s observations and operations declared in the course of exercising his/her official authority. Rebuttal of this evidential presumption in possible under Article 151 Code of Civil Procedure.
- The parties’ declarations
There will be a conclusive evidential effect on the fact of the making of the declarations by the parties according to Article 157(1) Code of Civil Procedure and also a conclusive evidential effect as to the truth of those statements between the parties (also binding their heirs and assigns) according to Article 157(2) Code of Civil Procedure. The conclusive presumption of the truth of the declarations made by the parties is, however, limited in terms of its legal effects to those legal effects that are truly at the discretion of the parties: there can be no such legal effects concerning matters that are outside the lawful discretion of the parties. Rebuttal of both evidential presumptions is possible under Article 151 Code of Civil Procedure.
- Any observation made by the authority within the limits of its competence
It is envisaged that additional information concerning the above mentioned evidential effects can be provided here. This could include: information as to heirs and assigns bound by the evidence in the authentic instrument; additional information that falls within Article 157(1) Code of Civil Procedure e.g. the name, place of residence and date of birth of the witnesses; and, possibly a reference to Article 151 Code of Civil procedure to indicate that only the most compelling contrary evidence will suffice to rebut the evidence in an authentic instrument.
- The measures the authority declares to have taken
There will, according to Article 157(1) Code of Civil Procedure, be a conclusive evidential effect concerning the facts that the authority (the notary) declares to have been verified by him/her in his/her presence: declarations concerning such verified facts fall within the scope of the notary’s observations and operations declared in the course of exercising his/her official authority. Rebuttal of this evidential presumption is possible under Article 151 Code of Civil Procedure.
- Appearance, identification and consent of the parties
There will, according to Article 157(1) Code of Civil Procedure, be a conclusive evidential effect concerning the appearance, identification of the parties and the fact that they gave their consent to the legal act laid down in the authentic instrument: declarations concerning such verified facts fall within the scope of the notary’s observations and operations declared in the course of exercising his/her official authority. Rebuttal of this evidential presumption is possible under Article 151 Code of Civil Procedure.
