The notarial deed is unquestionably at the top of the podium when it comes to legal certainty. At a time when everything is moving ever faster, there's still one sure thing: the notarial deed. Visit your notary to sign deeds that are 100% secure.
Your notary's main mission is to give authenticity to the deeds and contracts he receives. It is for this reason that the State delegates to him, in his capacity as a public officer, a part of the public power.
What is an authentic deed?
The definitions of a notary and an authentic deed can befound in article 1 of the Ordinance of November 2, 1945: "Notaries are public officers established to receive all deeds and contracts to which the parties must or wish to give the character of authenticity attached to acts of public authority, and to ensure their date, keep their deposit, issue grosses and expéditions."
An authentic deed is therefore a deed that must be signed by a public official who is competent to authenticate it. Thus, a deed drawn up by a notary and sealed with his seal (which has been entrusted to him by the State) is an authentic deed, also known as a notarial deed.
The parties and the notary must be present (or represented by proxy) when the deed is signed. The notary verifies the identity and capacity of the parties. He advises them on the scope of their commitment.
He thus commits himself to the content of the deed and, by signing it, confers on it the authenticity that derives from his status as a ministerial public officer. An authentic deed differs from a private deed, which is signed only by the parties.
So don't hesitate to call on your notary's expertise, and sign with peace of mind!
Why does the acte authentique have 3 safeguards?
Etymologically, the word "authentic" means "acting by oneself".
- An authentic deed has probative force: it is proof of its content. It represents the highest level of proof. What the notary establishes in a notarial deed is deemed certain. This means that the burden of proof lies with the party contesting its authenticity.
- An authentic deed has a certain date: it is itself proof of its date.
- The deed is enforceable: you don't need to obtain a judgment against your debtor to enforce it.
The use of a notarized deed helps to avoid future disputes by ensuring the legal security of transactions, as well as any errors or confusion that may arise when a deed is drawn up.
To put your mind at rest, the deed is kept for 75 years (100 years if the deed concerns minors) by the notary who drew it up, making it impossible for it to be falsified, lost or damaged. You can always ask for a copy!
Is it compulsory to draw up an authentic deed?
To formalize an agreement or commitment, nothing beats a notarized deed. Even in certain situations, this document is mandatory, on pain of nullity.
- Authenticity is mandatory for certain deeds. This is the case for all so-called solemn deeds, otherwise they are null and void: gifts, marriage contracts, for example.
- Authenticity requested voluntarily by the parties: any agreement can be drawn up and recorded by notarial act, provided it does not contain provisions contrary to public policy, or even illegal. In this way, a residential lease can be drawn up by notarial deed. Lessor and tenant benefit from the advantages of a notarized lease, particularly in the event of a dispute between the parties.
- Authenticity for land registration purposes. All deeds involving a transfer of ownership, such as the sale of a building or the creation of an easement, must be drawn up in a notarized deed to be enforceable against third parties.
Stéphanie Swiklinski