See also: Act

In French the word “act”, like the word “contract”, recovers two realities.

• Act within the meaning of legal operation. In this direction, a legal document is an intentional demonstration of will with an aim of carrying out certain effects of Droit. The legal consequences are thus desired (example: Contract, Delegation of powers, Convention, will, etc).
• Act within the meaning of writing being used as support with the legal operation.

In order to distinguish both, it is of use to take again the words Latin S negotium for the first direction and instrumentum for the second.

Act within the meaning of negotium

The legal documents must be proven by perfect evidence. There exist however 7 exceptions. If one of these 7 exceptions is proven, all evidence will be allowed. (See Civil code, article 1341 and following)

1- Low pecuniary importance of the business: if the legal document is lower than 1500€

2- Commercial matter: between tradesmen or against tradesmen the proof can be brought by all means. This exception is justified by competence that the tradesmen are supposed to have and by the speed which is necessary to the operation of the trade.

3- Material or moral impossibility to establish a writing at the time of the formation

4- Exceptional circumstances (case of major force) having involved the disappearance of the original.

5- The existence of a beginning of written proof (CP). It is a written act which is emanated from that against which the request is made or of that it represents and which makes probable the pled fact.

6- The existence of a faithful and durable copy. (Is considered faithful and durable any indelible reproduction of the original which involves an irreversible modification of the support)

7- The existence of a convention on the proof.

Act within the meaning of instrumentum

The instrumented can be classified in two categories: the notarial acts and the informal agreements.

Notarial acts

The notarial acts are the acts of the Civil statue and the notarial acts. They have

• unquestionable Date
• executory Force
• convincing Force

Informal agreements

A Informal agreement is an act written and signed directly between two people, a lease of dwelling for example. It does not have the same force at all as the notarial act.

In France

• If the amount of the legal document is higher than 1500 euros, one needs obligatorily a documentary evidence. On the other hand, if the amount is lower to him and out the litigations between tradesmen, all evidence is accepted.

• the notary S produce various legal documents by materializing them in the form of notarial acts.

See too

• Proof (right) registration

• Fee (Belgium)
• recognitive Act
• Delegation of powers