Strength of Proof of Notarial Deeds in an Agreement

DOI

10.2991/978-2-38476-356-6_30How to use a DOI?

Keywords

Proof; Deed; Notary; Agreement

Abstract

To provide legal certainty in an action, the parties might create an agreement in the form of a genuine deed, which will expedite the verification procedure if a disagreement arises. A genuine deed is one that has been created by a Notary with the most power and authority. A strong or comprehensive evidence indicates that the court believes the substance of the authentic deed in issue to be true, unless proof to the contrary is produced. The issue in this research is what is the function of the notary in the process of creating genuine and private deeds and what is the power of the notarial deed in the law of proof of the parties’ agreement. The research approach adopted is normative. Juridical research, or library research, describes secondary data, namely primary legal resources in the form of statutory regulations, as well as secondary legal materials such as books and scientific works authored by legal professionals. There are three strengths of a genuine deed: external, formal, and material proof. External evidence is reals proof of a deed based on its physical or external characteristics. Formal proof demonstrates that the parties clarified what was contained in the deed. Evidence shows that the events specified in the deed truly happened.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Mipasya Ratu Plamesti
AU  - Abustan Abustan
AU  - Siti Miskiah
PY  - 2025
DA  - 2025/02/11
TI  - Strength of Proof of Notarial Deeds in an Agreement
BT  - Proceedings of the 2nd International Conference Changing of Business Law (ICOCLB 2024)
PB  - Atlantis Press
SP  - 256
EP  - 261
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-356-6_30
DO  - 10.2991/978-2-38476-356-6_30
ID  - Plamesti2025
ER  -