An authentic act is an act made in the form prescribed by or before a competent public office. The Authentic Act is the perfect instrument of proof for both the parties and their heirs and for all persons entitled to what is contained in the act.
Authentic deed is binding evidence which means the truth of the things written in the deed must be recognized by the judge, or if the deed is considered as true as long as the truth is that no other party can prove otherwise.
Requirements of the Authenticity Act
An Authentic Act has the power of full proof on behalf of the parties and all of its heirs or other beneficiaries of the parties. So that when a party files an authentic act, the judge has to accept it and consider what is written in the act, so the judge cannot order further proof.
An authentic deed must meet the following conditions:
- The Act must be made by or before a public office.
- The Act must be in the form prescribed by law.
- Public officials by or before whom the act is made shall have the authority to make the act
Features of the Authenticity Act
Here are some features of the authentic act:
- The shape is in accordance with the law
Forms of notary deed , marriage deed, birth deed etc. are already defined in the format and content of the Act. However, there are also acts of agreement between the two parties which are based on the agreement of both parties in accordance with the contract of freedom of contract.
- Made in the presence of a competent public office.
- Perfect strength of proof.
- If denied about the truth, then the denyer must prove about the truth.