Written by attorneys · grounded in primary & secondary sources — see below
A written instrument or proof in French law, such as a deed, bill of sale, or certificate. The term encompasses both formal documents executed before a notary and simpler records like birth or death certificates.
Sources & Authorities
How it applies
Common Examples
6
Acte Supporting Negligence Claim
Angela Acosta produced an acte de notoriété recording her ownership claim after a fatal boating incident. The document helped establish that the defendant's reckless conduct caused the death under the unlawful-act theory. The court admitted the acte as proof of the predicate facts supporting involuntary manslaughter liability.
Acte Triggering Risk of Loss
Adam Anderson signed a land contract and received an acte authentique from the notary. When fire destroyed the building before closing, the buyer bore the loss because equity treated him as owner upon formation. The acte confirmed the binding agreement that shifted risk under equitable conversion.
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Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
Dictionaries
Antonio Alvarado presented an acte de francisation confirming state appointment of electors. The document established compliance with the constitutional process for selecting presidential electors. The court relied on the acte to validate the state's appointment authority under Article II.
Acte Evidencing Voluntary Act
Ava Adebayo executed an acte de décès as part of her official duties. The signed instrument demonstrated a voluntary muscular contraction rather than a reflex. The court held that the acte satisfied the requirement of a voluntary act for criminal liability.
Acte in Family Legal Advice
Andrew Avery, a sitting judge, drafted an acte de mariage for his sibling without compensation. The document was prepared outside any forum appearance. The conduct complied with the rule permitting limited family assistance while barring compensated representation.
Acte Signed While Intoxicated
Anita Ali signed a purchase contract after consuming several drinks. The counterparty knew she could not act reasonably in the transaction. The resulting acte created only voidable duties because the other party had reason to know of her condition.
Common questions
Frequently Asked
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What formalities distinguish an acte authentique from other actes?+
An acte authentique requires execution before a notary or other authorized official with prescribed formalities. This elevates its evidentiary weight compared to private writings. The distinction appears directly in the dictionary entry defining the term.
Supporting sources
Can an acte de notoriété serve as evidence of heirship?+
Yes. Historically these depositions before a notary recorded claims to property and established identity or genealogy of an heir. They may appear in a chain of title even though subject to hearsay objections in some contexts.
Supporting sources
Does every acte qualify as an official document under procedural rules?+
No. Only those meeting the formal requirements of French law, such as notarized execution, carry the heightened status. Private writings lack the same presumptive validity.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…have not power to give original jurisdiction to the Supreme Court in other cases than those described in the Constitution. An act of Congress repugnant to the Constitution cannot become a law. The courts of the United States are bound to take notice of the Constitution. A commission is not necessary to the appointment…