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 the provisions of § 205 Civil Code for contentious procedures (160/2015), documents issued by public authorities within their powers and documents declared by special regulations as being public (for example notarial act, birth certificate, marriage certificate, etc.) shall confirm, unless the contrary is proven, that testimonials and confirmations included in such documents are accurate.
Therefore, besides the acts of Slovak notaries, the acts of the courts (except court decisions falling under the EU definition of “decision”), bailiffs, administrative bodies (e.g. municipalities), etc. are also considered as authentic instruments.
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
Enhanced probative value concerns all facts mentioned in authentic instrument.
5. Enhanced probative value can be contested:
Before which authority: The court of the first instance
According to which procedure (state the applicable rules): An ordinary judicial procedure
In the course of contentious proceedings it is possible to introduce evidence that proves the contrary of the authentic instrument. Proof to the contrary requires sufficient evidence to discharge the full burden of proof. It is not enough just to put the evidentiary value of the authentic instrument in doubt.
Within what timeframe: Authenticity may be challenged at any time, at least until the authenticity of the document is established by an irrevocable decision.
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?
Notary (during the testator´s lifetime).
After death, during the succession procedure, notaries shall not issue any authentic instruments because all decisions of notary ( even partial ) are deemed to be a court decisions according to Article 3(1) (g) 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?
- Authentic instruments containing dispositions mortis causa (the will and disinheritance) : notary.
- However the testator may either write the will (or disinheritance) by hand or draw it up in another written form in the presence of witnesses or in the form of an authentic instrument.
- Civil status documents as death certificate, other certificates attesting to the relationship with the deceased : Civil Registry office
- Extracts from Commercial register : notary/post office/court
- Certification about the facts required for an assessment of the circumstances : municipality/police/other state authorities
- experts opinion : qualified expert
- Extracts from the land registry : Cadastre office
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?