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?
Such documents are considered as official written evidence and have greater probative value. The circumstances indicated in the official written evidence are considered fully proven, until they are denied of other evidence, other than testimony of witnesses.
The examples of such documents could be: wills, matrimonial agreements, real estate transactions, agreements of spouses regarding division of joint property, declaration on paternity recognition (when a child is born to an unmarried couple), lasting power of attorney, power of attorney, etc.
These authentic instruments are mostly notarial acts but some kind of acts can be issued by other authorities, for example, bailiffs (the inventory of assets, Statement of Factual Circumstances).
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: The Court of first instance
According to which procedure (state the applicable rules):
If the case is under the jurisdiction of the court of Lithuania it is solved in accordance with Lithuanian procedural rules (Article 1 of Code of Civil Procedure). Cases regarding the actions of bailiffs and notaries are heard according to Articles 510-513 of Code of Civil Procedure.
Within what timeframe:
An appeal concerning the actions of a bailiff or notary can be lodged no later than within twenty days of the day, on which the person lodging the appeal learned or had to have learned about the performance of the action being appealed or the refusal to perform it but no later than within ninety days of the performance of the action being appealed (Article 512 of Code of Civil Procedure)
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?
In the field of notarial competence:
- Matrimonial agreements;
- Agreements of spouses regarding division of joint property;
- Declaration on paternity recognition (when a child is born to an unmarried couple);
- Lasting power of attorney (if issued to a family member);
- Power of attorney (if issued to a family member);
- Certificate of title to share in community property (after the death of the spouse).
Civil Registry office issues civil status acts of birth, death, marriage and divorce.