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AUTHENTICATION
Everything about authentic documents and the documents necessary for their realization.
Attention: The documents required to draw up the authentic instruments mentioned below are NOT an exhaustive list of them,
but only the necessary main documents.
We can send you a complete list only after a detailed analysis of your case.
The main rules applicable to authentic documents
The deeds for the validity of which the Romanian law obligatorily requires the authentic form or the deeds for which the parties choose this form are drafted only by the Notary Public and are drawn up in a single original copy, a copy for the Land Book (if applicable) and how many one copy (or more) for the signatory parties.
As a general rule:
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only the original copy is signed by the parties and is kept in the archives of the Notary Public and
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the duplicate copies shall not be signed by the parties but only by the Notary Public, who shall bear the authorized seal and signature of the Notary Public and have the same probative force as the original copy.
The authentic instrument has the probative force designated by law and constitutes an enforceable title.
Thus, the authentic instrument is the most “strong” in the hierarchy of civil acts, it being the sum of the verifications performed according to the law by the Notary Public and of finding the essential elements (identifying the signatory parties and the necessary documents, explaining all legal aspects of the Act) by the Notary Public.
If the Notary Public finds that the will of the parties does not comply with the law and / or good morals or the documents submitted by the parties for authentication do not meet the legal requirements in force at the time of the request for authentication, to ensure the security of the civil circuit, the obligation to reject the request for authentication of the parties, issuing, at the request of the parties, a Conclusion of rejection, which can be challenged in court.
All authentic instruments shall fully prove those agreed upon by the parties until they are annulled in court. All authentic instruments are subject to judicial review and if the court admits the complaint, the Notary Public is obliged to comply with the final court decision and will mention it when drafting the act.
The main authentic documents
The main authentic documents are:
Loan contracts, rent, deposit, commission, joint venture, etc. - when the parties wish them to be in authentic form
FAQ - Frequently Asked Questions
Q: Do I need the original documents to conclude a notarial deed or can I send them by e-mail and / or bring photocopies?
A: The documents required for the original notarial procedure are always required. Photocopies or scans sent by e-mail may NOT be used in notarial proceedings, but at most for the preparation of draft notarial deeds.
Q: How long does it take to conclude a deed of sale?
A: The time required for concluding a sale-purchase contract cannot be anticipated - depending on the necessary documents, the verifications required to be performed by the Notary Public and the necessary agreements, it will be possible to estimate an approximate duration. In principle, if the documents required to perform the act are in order, the average duration may not exceed one week, but only depending on the legal details in question.
Q: If I am a foreign citizen or stateless person, can I conclude a notarial deed with a Romanian Notary Public?
A: Yes, the Romanian notarial law provides for the possibility of drawing up any notarial deed or procedure for any person, without discrimination, regardless of citizenship, race, ethnic origin, sex, religious / political / social affiliation or property.
Q: If I don't know the Romanian language, can I conclude a notarial deed?
A: Yes, those who do not know the Romanian language can benefit from the notarial services offered by a Romanian Notary Public, but the notarial procedure is performed only in the presence of an authorized interpreter of Romanian language / foreign language known by the petitioner, the authorized translator signing with the party and by the Notary Public the notarial deed.
Q: Can the applicant's consent be obtained by videocall / telephone / messaging for the conclusion of a notarial deed?
A: Definitely not, for the conclusion of any notarial deed it is necessary the physical presence of the applicant in front of the Notary Public.
By way of mention: the applicant has appointed a representative to represent him before the Notary Public. Also, the presence of the parties must be, as a rule, at the headquarters of the Notary Office, as an exception a notarial deed may be signed outside the headquarters, for good reasons, but within the territorial circumscription of the Notary Public - more precisely the territory of Bucharest, in the case of Notaries Public with the headquarters of the Office in the Capital.
Legal notice: The above section and related subsections may not be reproduced, in whole or in part, in the original language (Romanian) or any other language of translation, on any medium, without the prior written consent of BIN Radu Felix-Cristian and without specifying the source / author, under the sanction of the applicable civil and criminal laws.