Drafting is an important legal task, where the expertise of a lawyer ensures that a declaration, contract or other documents comply with the will of the parties and the applicable legal provisions, and that the relevant and legally necessary rights, obligations and other circumstances are recorded. The countersignature of a lawyer ensures that a document has full probative value. This is of particular importance because, in the event of a dispute, the deed constitutes an instrument of evidence and the countersigning lawyer certifies that the parties to the deed signed the deed in their own handwriting before the countersigning lawyer, after having verified their identity, and that the signatories had understood the contents of the deed and that it is in accordance with their will.
For some types of deeds, the Civil Code makes the validity of the contract subject to a mandatory formality and the countersignature of a lawyer.
This includes, but is not limited to, the majority of contracts for real estate transactions, such as
- preliminary contract for the sale of immovable property
- real estate sales contract
- real estate gift contract
- the creation of a beneficial interest,
but this includes contracts relating to property rights as well, such as
- matrimonial property contract
- civil partnership property contract and
- the statutes of companies.
The definition of the mandatory content of documents and the legal background to the need to have them countersigned by a lawyer are set out in
Act V of 2013 on the Civil Code.
For more information, please do not hesitate to contact me using one of the contact details in the Contact section.
