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A notarial act (or notarial instrument or notarial writing) is any written narration of facts (recitals) drawn up by a notary, notary public or civil-law notary authenticated by the notary's signature and official seal and detailing a procedure which has been transacted by or before the notary in their official capacity. A notarial act is the ...
(1) that the testator executed the instrument as the testator's will; (2) that, in the presence of both witnesses, the testator signed or acknowledged the signature already made or directed another to sign for the testator in the testator's presence; (3) that the testator executed the will as a free and voluntary act for the purposes expressed ...
The party executing the legal instrument orally declares that the instrument is his or her act or deed, and the official prepares a certificate attesting to the declaration. [1] Acknowledgments are distinct from jurats, verifications, and attestations. A jurat differs from an acknowledgment in that a jurat lacks the statement that the ...
The venue is usually set forth at the beginning of the instrument or at the top of the notary's certificate. If it is at the head of the document, it is usually referred to as a caption. In times gone by, the notary would indicate the street address at which the ceremony was performed, and this practice, though unusual today, is occasionally ...
Legal instrument is a legal term of art that is used for any formally executed written document that can be formally attributed to its author, [1] records and formally expresses a legally enforceable act, process, [2] or contractual duty, obligation, or right, [3] and therefore evidences that act, process, or agreement.
Public instruments at civil law are generally known as public instruments (Germ: öffentliche Urkunde, Fr: acte public, Sp: instrumento público) and under Scots law as probative or self-proving instruments. These categories refer more to the level of evidenciary validity given an instrument in court.
A sworn declaration (also called a sworn statement or a statement under penalty of perjury) is a document that recites facts pertinent to a legal proceeding.It is very similar to an affidavit but is not witnessed and sealed by an official such as a notary public.
The foregoing is the theory and application presuming compliance with the relevant law. Practically, the obligor-payor on an instrument who feels he has been defrauded or otherwise unfairly dealt with by the payee may nonetheless refuse to pay even a holder in due course, requiring the latter to resort to litigation to recover on the instrument.