What is a private deed?
Definition of private deed
The private deed is a document drawn up and signed by private persons without the presence of a public officer empowered by law such as a notary, a bailiff or a state officer. An acknowledgment of debt, a sale or rental contract are for example private deeds. He opposes the authentic act.
Difference between authentic instrument and private instrument
Unlike an authentic instrument, private documents are not subject to a large number of formal rules. Individuals are responsible for drafting it. The date of the private deed is not "certain" and the document does not constitute evidence, unlike the authentic deed which is drawn up by a person competent in the eyes of the law.
The private deed in real estate
It is possible to carry out a private deed in the context of a property sale. It will then be necessary to have the sales contract drawn up by an outside editor (legal adviser, real estate agent, lawyer). The document must still be registered with the tax authorities to certify its date and value. The authentic instrument remains the usual procedure for this type of contract.
The law of July 6, 1989 requires the drafting of a rental lease. It must be drawn up and signed between the owner of the property and his tenant. It can thus be established directly between the two parties and therefore constitutes a private instrument. Each party, tenant, owner, joint and several surety, must have an original signed copy. However, the rental contract can be drawn up and signed by a notary, in this case it will be an authentic act. The latter provides some security for the lessor.