Article 127: Presumption of authenticity of public documents

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 1589/2567 (2024)

   A land title deed is a public document made by a competent official and is presumed genuine and correct under Section 127, so the party disputing ownership bears the burden of proof under Section 84/1.

   Because the title deed named a person as owner, it was a public document presumed genuine under Section 127, giving the plaintiff the benefit of the presumption under Civil and Commercial Code Section 1373. The second defendant therefore bore the burden under Section 84/1 to prove the adverse possession claim.

2. Arrêt de la Cour suprême n° 4052/2567 (2024)

   Copies certified as correct by competent officials are treated as genuine and correct under Section 127, and may be relied on as evidence even though they are only copies.

   Although the documents were copies, officials had certified them as correct, so the court held they were genuine and correct under Section 127 and found the disputed land was reserved outside the highway zone for road use.

3. Arrêt de la Cour suprême n° 1780/2567 (2024)

   Where a judgment debtor dies, the creditor of the estate is entitled to be paid out of the property in the estate under Civil and Commercial Code section 1734. Land that was the debtor's when judgment was given remains estate property under section 1736 while the estate is being administered, so a transfer to an heir after judgment and during execution does not take it out of the estate, and the execution officer may seize it even though the register now shows the heir as owner.

   After a compromise judgment ordering the defendant to pay the plaintiff, the defendant died. The plaintiff was therefore a creditor entitled to be paid out of the property in the estate under Civil and Commercial Code section 1734. The land was still registered in the defendant's name when the plaint was filed and when judgment was given, so on his death it became estate property. Although it had since been transferred into the name of Ph., an heir, that transfer was made after the compromise judgment and while execution was pending, and so long as the creditor remained unpaid the land was to be treated as still under administration under section 1736. The transfer did not take it out of the estate, and the Supreme Court held the execution officer had power to seize it, reversing the Court of Appeal Region 6.

Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.