4. Enhanced probative value concerns

4. Enhanced probative value concerns

4. Enhanced probative value concerns 150 150 ih_authacts
  • The date on which the authentic instrument was drawn up
  • The place where the authentic instrument was drawn up
  • The signature by the parties of the authentic instrument
  • The parties’ declarations
  • Any observation made by the authority within the limits of its competence
  • The measures the authority declares to have taken
  • Appearance, identification and consent of the parties

All the abovementioned and, in addition to that, the notary verifies the data entered in registries (e.g. land registry).

The notary also establishes the marital status of a person (Notarisation Act § 22 provides that if an object of a transaction may be the joint property of spouses or former spouses, a notary shall indicate in the notarial instrument the marital status of a party and how the notary has established it and why the object of the transaction may be included in the joint property. Upon authentication of a real right contract, a notary shall indicate in the notarial instrument the marital status of the transferee of the object of the transaction and on which grounds the notary has established it. If the object of the transaction will be included in the joint property of spouses, the notary shall also indicate in the notarial instrument the circumstances on the basis whereof the notary has established it. In such case the notary shall indicate both spouses as transferees of the object of the transaction.)

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