1. In your legal system, are there acts which fall within the notion of an authentic instrument as defined in the European Union legislation?
[‘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?
According to Article 432 et seq. of the Code of Civil Procedure and Article 158 of the Civil Code and Article 8 of the Hellenic Code of Notaries, documents certifying the date, place and authenticity of the parties’ wishes and signed by the parties or the person before the notary and also by the notary are considered authentic instruments.
Article 432 et seq. of the Code of Civil Procedure defines an authentic instrument as an instrument which has been issued, with the required formalities, by a public officer-holder having competence and capacity to act.
These are therefore documents issued by notaries or bailiffs, but also by courts, mayors, civil registrars, etc.
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 has been drafted.
- The place in which the authentic instrument has been drafted.
- The parties’ signature of the authentic instrument.
- The parties’ declarations.
- Any findings made by the authority within the limits of its competences.
- The measures which the authority attests it has undertaken.
- The appearance, identification and consent of the parties.
This concerns all of the above-mentioned elements according to Articles 432 to 465 of the Code of Civil Procedure.
5. Enhanced probative value can be contested:
Before which authority: Only before the Court.
According to which procedure (state the applicable rules): The procedure laid down according to Article 460 of the Code of Civil Procedure but also according to the general articles of the courts’ competences. Some aspects of Criminal Law are also applicable.
Within what timeframe: Αt the point at which it becomes apparent that a document or instrument is false, the procedure is launched immediately.
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?
- The will which could fall within the notary’s competence in which case we would speak of a public will, or a private will drawn up by the deceased and filed with a notary
- Publication decree of the will by the Court of the Peace
- The acceptance or renunciation of succession, the inventory and affidavit (falling within the competence of the notary and the court clerk)
- Civil status documents (death certificate, other certificates establishing family ties with the deceased, falling within the sole competence of the municipality bureau and the certificate attesting to the existence or otherwise of a will pertaining to the Court of the Peace)
- The sharing of assets from the succession (solely a matter of the notary’s competence)
- The notarial act of accepting and sharing of assets.
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?