3. Probative value of certain specific acts, for example the “acte de notoriété” in France and Italy

3. Probative value of certain specific acts, for example the “acte de notoriété” in France and Italy

3. Probative value of certain specific acts, for example the “acte de notoriété” in France and Italy 150 150 ih_authacts

Pursuant to Article 95j of the Notaries Law Act of 14 February 1991 (Journal of Laws of 2002, no. 42, item 369 as amended), a registered notarial certificate of succession states who succeeds after whom and has an effect of a court decision acknowledging the acquisition of the estate which has acquired the force of res judicata. Whenever specific provisions refer to a decision acknowledging the acquisition of the estate, a registered notarial certificate of succession shall also be construed as such (Article 95p of the Notaries Law Act and Article 679 of the Polish Code of Civil Procedure).

Succession records refer to a document which includes declarations of persons who appeared before a notary and requested that a notarial certificate of succession be issued. In the records, the notary instructs the parties of their obligation to reveal all circumstances which are of relevance to the contents thereof, as well as of the provisions of Article 95c § 2 point 8 of the Notaries Law Act, i.e. of the criminal liability under Article 233 of the Polish Criminal Code for making false declarations.

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