JURITEXT000006957514 Généré par l'IA

Notary Record Date vs. Actual Execution Date in Real Estate Sale Challenge

Numéro de cause JURITEXT000006957514

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1961-03-07

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A party sought to nullify a real estate sale agreement, alleging the notary's official record of the agreement incorrectly stated the date of execution, which, if accurate, would have rendered the action time-barred under the applicable prescription period; the court held that while a notarized document is authentic regarding the facts stated by the notary to have occurred in their presence, the document itself does not constitute irrefutable proof of the date the underlying act was executed, allowing the party to introduce evidence challenging the date recorded in the official act to establish that their claim was brought within the statutory time limit.

Regeste Legislator

Généré par l'IA

Notary Record Date vs. Actual Execution Date in Real Estate Sale Challenge: A party sought to nullify a real estate sale agreement, alleging the notary's official record of the agreement incorrectly stated the date of execution, which, if accurate, would have rendered the action time-barred under the applicable prescription period; the court held that while a notarized document is authentic regarding the facts stated by the notary to have occurred in their presence, the document itself does not constitute irrefutable proof of the date the underlying act was executed, allowing the party to introduce evidence challenging the date recorded in the official act to establish that their claim was brought within the statutory time limit.