1. In your legal system, are there acts which fall within the notion of an authentic instrument as defined in the European Union regulations?
[‘authentic instrument’ means a document which has been formally drawn up or registered as an authentic instrument in a Member State and the authenticity of which:
(I) relates to the signature and the content of the authentic instrument; and
(II) has been established by a public authority or other authority empowered for that purpose by the Member State of origin.]
If so, what are they? Are these only notarial acts or also acts of other authorities?
Pursuant to section 567 of the Czech Civil Code, an “authentic instrument is an instrument issued by a public body within the scope of its powers or an instrument declared to be an authentic instrument by a statute”.
Pursuant to section 3026 of the Czech Civil Code “where the form of an authentic instrument is required to make a legal act, the authentic instrument is to be understood as a notarial deed; it may be substituted with a decision whereby a public body, within the scope of its powers, approves a settlement or another expression of will whose nature allows it.”
2. In your legal system, does the authentic instrument have enhanced probative value? What are the rules that provide that?
3. Do all authentic instruments have the same enhanced probative value?
4. Enhanced probative value concerns
- 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
5. Enhanced probative value can be contested:
Before which authority: Can be challenged freely before any authority
According to which procedure (state the applicable rules): Section 568 Czech Civil Code
Within what timeframe: Unlimited
1. In your legal system, which authorities or delegates of public authority can issue authentic instruments in accordance with Article 3 (1) (i) of Regulation 650/2012?
2. Can you indicate which are the most common authentic instruments in the case of a succession to the estates of deceased persons and which authorities issue them?
3. Probative value of certain specific acts, for example the “acte de notoriété” in France and Italy
1. What types of family law instruments exist?
- agreements on matrimonial property regime (divided property, common property of spouses)
- preventive declarations, where one can choose the person to be their guardian in case they become incapacitated in the future