Means Of Proof Research Articles

Once Again on the Concept of Evidence in Civil Procedure Law

The article discusses the process of proof and its stages, classification of evidence. The role of forensic evidence in resolving disputes in the process is becoming increasingly important. Problems of collecting and interpreting evidence associated with the evidentiary process are of particular importance in legal disputes, since they are means of proof that determine the outcome of the judicial consideration of the dispute. The purpose of the evidence is to establish factual circumstances relevant to the resolution of the civil case. When studying scientific work, the goal is to analyze the place of judicial evidence in civil proceedings and the problems in it using the example of domestic and foreign scientific literature. The methodological basis of the study is relativity, consistency, and formal legal methods. The results obtained in the scientific work are recommended for use in judicial practice, in the science of civil procedural law, in the science of the law of evidence.

AXIOLOGY OF THE DOCUMENT IN THE ACTIVITIES OF THE NATIONAL POLICE OF UKRAINE

Introduction. In this article, a comprehensive analysis of determining the value of a document in the activity of the National Police in Ukraine is carried out in order to establish the significance of documents in police activity. Police officers work and process a large number of documents that directly affect the legality of the exercise of authority and the level of effectiveness of this body. Therefore, the question of the significance of documents in police activity is quite important. Summary of the main results of the study. For a comprehensive and objective disclosure of the chosen topic, a study of the essence of police activity was carried out in order to establish the place of the document in the relevant sphere of authority, as a result of which a conclusion was made regarding the main essential areas of police activity, namely: protection of public order and public safety, human and citizen's rights and freedoms, prevention of offenses, detection of causes of offenses, termination of offenses, investigation of committed offences. That requires processing and creating a significant number of documents in the course of exercising police powers, in these areas of their activity. The origin of the document as a material carrier of information was also analyzed, a historical tour of the origin of this term was carried out, and its quintessence was determined. The features of the document are highlighted and its types are defined. As a result, the concept of a document was formed as a material medium for recording, storing and transmitting information. This definition fully corresponds to the essence of the application of the document in police activity, which is the basis for establishing the relationship between the document and police activity. Having determined the main issues of the researched topic, an analysis of the place of documents in the activity of the police in Ukraine was carried out through the specification of their manifestations, in the course of the exercise of police powers. Based on this, it was established that certain types of documents must be drawn up in the activities of the police, which are related both to organizational and administrative activities, and to the application of preventive or coercive measures. Conclusions. So, after analyzing the chosen topic, you can come to conclusions about the undoubted value of the document in police activities. Namely, the document serves in police activities as a means of recording information about the exercise of certain powers by police officers, certification of the fact of the performance of official duties, certain facts, and serves as a means of proof. In addition, the document records a fact that has legal significance and causes the emergence, change or termination of legal relations and a change in the legal status of a person. Therefore, the document is an important component of police activity in Ukraine.

Technical supervision in criminal proceedings

The principle of finding out the truth is one of the fundamental principles of the criminal process. Within it, the reactions of the individual who harm the values protected by criminal norms are analyzed, aiming to guarantee the rights of the parties and other participants, as well as the efficient exercise of the duties of the judicial bodies.
 Although the purpose of criminal proceedings is no longer effectively enshrined in the Code of Criminal Procedure, the notion is nevertheless found in Article 8 of the Code of Criminal Procedure under the title "Fairness and reasonable term of criminal proceedings". It stipulates that criminal prosecution and trial must be conducted in compliance with procedural guarantees and the rights of parties and procedural subjects in such a way that facts constituting criminal offences are ascertained in a timely and complete manner, no innocent person is held criminally responsible and any individual who has committed a crime is punished according to law, within a reasonable time.
 According to Article 97 para. (1) Code of Criminal Procedure, evidence is those realities, events, circumstances that serve to establish the existence or non-existence of a crime, as well as to the identity of the person who committed it. Thus, evidence comprises three interconnected and interdependent elements: evidence, means of proof and evidentiary procedures. The literature states that by introducing this system, "a more effective control over the manner of taking evidence can be established. Moreover, the analysis of the evidence will be possible only in terms of form, so that it complies with the law, while the analysis of the evidentiary procedures will concern the technical operation by which that means of evidence was obtained."
 The use of technical supervision as an evidentiary procedure in criminal proceedings is a topical topic, given the technological leap in communication and information that has taken place in recent years. We note that in the title dedicated to evidence (Title IV) of the New Code of Criminal Procedure we find a new chapter (Chapter IV), which refers to special surveillance or investigation techniques. This legislation seeks to strike a balance between ensuring the State's right to use new evidentiary procedures and respecting the right to privacy and the secrecy of correspondence.
 Thus, Article 138 para. (1) The Code of Criminal Procedure expressly and exhaustively provides for special technical surveillance techniques, as follows: letter (a) interception of conversations and communications; lit.(b) access to an information system; lit.(c) video, audio or photographic surveillance; (d) tracking or tracing by technical means; lit.(e) obtaining data on a person's financial transactions. Interception is defined as the intervention of authorized bodies in any kind of conversations or in any other electronic means of communication involving the idea of confidentiality.
 The results of the technical surveillance activity are recorded in the report, which will thus become a genuine means of evidence, being concluded in accordance with the provisions of Article 143 of the Criminal Procedure Code. Also, Articles 139-146 of the Code of Criminal Procedure provide for the cases that allow such restrictive measures against human rights and freedoms to be taken, the conditions to be met, the bodies authorized to carry out these activities, as well as the ways of verifying these means of evidence.
 Obtaining evidence by means of these special evidentiary procedures requires a carefully organized activity consisting in tracking the data subjects, the activities they carry out, the individuals with whom they come into contact, as well as the interception of any communication dip between them. This type of evidence was appreciated as a real modernization of the evidentiary system in criminal proceedings

Analisis Yuridis terhadap Urgensi Akta Autentik Notaris dalam Perjanjian Pengalihan Hak Cipta

The purpose of this research is to examine importance of setting up copyright transfer agreement and to analyze juridically the urgency of an authentic notary deed in a copyright transfer agreement. The research method used is normative legal research with statute approach. Results of study found that the importance of setting up copyright transfer agreement is guarantee of legal protection of economic rights from creator; guarantee of legal protection to non-creator parties who obtain economic rights as a result of transfer of copyright in whole or in part; and minimize disputes in transfer of Copyright. The urgency of Notary authentic deed in a copyright transfer agreement are: first, Notary profession is bound by law, so it has credibility in making an authentic copyright transfer deed; second, authentic notary deed serves as a means of proof in the event of a copyright dispute; third, through an authentic deed, legal protection can be guaranteed for the parties; fourth, notary authentic deeds can be used as a means of achieving legal goals, namely justice, benefit and legal certainty for the parties who make copyright transfer agreements; fifth, a Notary can have a role as a legal consultant for the parties in making Copyright transfer agreement.

Role Of Visum Et Revertum And Provision In The Process Of Civil Action And Proposal Of Coveration (Study Resolution Number 50/Pid.Sus-Kids/2023/Pt Medan)

Proof is the most important thing in the judicial process, it is used to find the material truth that is the complete truth of a criminal case. In proof there are various means of proof such as testimony of witnesses, expert testimonies, letters, instructions, and indictments of the accused. In criminal acts of persecution, asylum, and murder, visum et repertum is often used as a means of proof in its proof. The study aims to identify and analyze the role of visum et repertum (ver) in the proof of a criminal offence under the Code of Criminal Procedure Law (KUHAP), and the function of visa et repertrum (ver), in the study of judgment No. 50/pid.sus-anak/2023/pt field). This research includes a type of normative jurisprudence that is supported by empirical research to obtain accurate or valid data. Based on the research carried out on the case study of judgment No. 50/PID.SUS-ANAK/2023/PT MEDAN) No.1267/ PID/B/2010/PN.JKT.BAR, it is a legal proof tool that has a connection to the judge in particular in decision-making. Nevertheless, the judge is free to judge the truth contained in the evidence of a letter issued by such an expert. Therefore, in deciding a matter, return to the judge himself, which is to be based on the reasoning and consideration of the law. Furthermore, as one of the means of proof referred to in article 184, paragraph (1) of the Covenant, the visa et repertum shall be the discretion of the judge and shall be used as a guideline or as a grip in delivering a sentence against the offender. For in the testimony of the expert, the testimony of the judiciary called Visum et repertum, so clearly described what really is the cause of a crime, whether it is persecution, serious injuries if resulting in death.

Presumptions as means of proof in criminal procedure law of states with continental and Anglo-American legal systems

Presumptions as means of proof in criminal procedure law of states with continental and Anglo-American legal systems

Problems of taking into account the employee’s will when considering labor disputes on termination of the employment contract of their own free will

In general, a number of labor law institutions, taking into account the will of the employee plays a very important, if not the dominant role. However, at present, in labor legislation there are no legally established parameters for taking into account the expression of will. In this case, problems of proof arise related to issues of expression of will.These problems arise most acutely when considering such categories of labor disputes as voluntary dismissal. The article will discuss such concepts as will, expression of will, defect of will. When considering the means of proof, the main emphasis will be on the judicial practice of using certain means of proof. At the same time, the authors will consider only those means of proof that will help establish that dismissal by agreement of the parties actually contradicts the voluntary expression of the employee’s will.

THE ROLE AND FUNCTION OF NOTARIES IN MAKING LEGISLATIVE ACTS BASED ON POSITIVE LAWS: THE REGULATORY OBSTACLE OF NOTARY

The profession of a notary has a very important meaning in social life. The notary is a powerful document maker in a legal process that carries out some of the public functions of the state, especially in the field of civil law the profession that performs legal services to the general public who have responsibility with respect to the means of authentic proof such as letters, documents or documents made in writing for various legal acts or other authority based on the wishes and requests of the parties. how the role and functions and the position of the notary in binding on the basis of positive legal glasses should be studied more thoroughly. The method of research is normative jurisprudence with the approach used in this research is the statue approach and the conceptual approach. (conceptual approach). In general, authentic acts relating to civil matters are made by the Notary and used as a means of proof by the parties. The authority of the notary/PPAT in the case of the creation of authentical acts against certain legal acts for the parties who want to do so does not give rise to a responsibility for the act that has been made by notary /PPAT because the role and functions of notaries are clearly only material, formal and material

Expertise in the criminal judicial process

Only on the basis of the exact establishment of the factual circumstances of the case, the judicial team can resolve the respective case, applying the provisions contained in the law on liability for such a situation. The judicial team will pronounce, thus, a sound and legal decision, a convincing decision both for the parties in the process and for those outside, this is necessary to ensure the preservation of legality and by law.
 The experts, as means of proof are used by the judicial bodies in those cases in the salt, to foresee some facts, to establish the southern connection between them, are necessary special knowledge in the field first, techniques or arts. It is not possible for the judicial team to be a specialised in all matters, and even a more complete general training could not (at this stage of development of science and technology) equally cover the the field, in all its aspects. To this it is necessary to add that in some situations a special effort is required, as a rule, it cannot be done outside the court or only with the help of some technical means. The necessity of using experts is so obvious, but it cannot be denied. More than that, it was argued that even in the case where the court would have a specialist, such a situation cannot eliminate the need to call in experts, even though the judge and the expert have the functions of the process other differences. On the other hand, the utility of using this means of evidence in the activity of the judicial team is reflected in laws and other such regulations, the legislator itself providing for the obligation to resort to expertise in certain situations. At the same time, the establishment of some state institutions intended for this purpose, the election of experts from among the specialists and the higher salification, clearly demonstrates the importance of the institution.
 The emphasis made in the preceding lines regarding the importance of these means of evidence and scientific evidence, should be understood in the sense that the expert's opinion does not have absolute probative force, being subject to freedom of expression of the judicial body in the light of his legal conscience and according to his conviction. Although the expertise is not decisive in resolving a dispute, it does not oblige the judicial body to give a certain solution, and only gives it the possibility to form its own opinion. It is obvious, however, that given the basis of the scientific argument of the opinion expressed by the expert, the rejection of the expert's conclusions on the grounds that they would not be convincing or the maintenance of these conclusions, although to remove one or all parts of the process, it will have to be motivated and special care.

Digital Evidence as a Means of Proof in Criminal Proceedings

Objective: The purpose of this investigation is to specify the correct treatment of digital evidence to be admissible within the judicial process, respecting guarantees and fundamental rights of people. Method: Digital evidence is information stored on a technological device that is propagated through cyberspace. The computer record is accessible by people, electronics, or computers and is collected from a digital device. Also identify the procedure for obtaining, preserving, analyzing, and presenting digital evidence before the Judge. This theoretical review of sources was prepared under the systematic verification methodology, usable in the Scopus, Ebscohost, Scielo, Core, IG Global, Ciencia Latina, Latindex, Jurn, Openaire, and Redalyc databases of advantageous configuration and in Spanish for the last 5 years. Results and Conclusions: Based on the results obtained, the importance of the treatment of digital evidence as an instrument of proof is inferred, for the evaluation of the judge as an element of conviction in a criminal process. It is concluded that digital evidence has particular characteristics that distinguish it from physical evidence and procedural rules do not regulate its proper treatment, and are currently considered documentary evidence. Research implications: The article reflects the drawbacks from its definition, mention of current legislation, treatment in the judicial process, and its implication in the field of computer forensic digital evidence. Originality/value: It can be copied without any limit. It performed technically this procedure and with the appropriate tools, it can clone the information while maintaining the originality of its characteristics.

СУДОВО-ЕКОНОМІЧНА ЕКСПЕРТИЗА У СФЕРІ ОПОДАТКУВАННЯ: АКТУАЛЬНІ ПРОБЛЕМИ ТА ШЛЯХИ ЇХ ПОДОЛАННЯ

Forensic economic expertise in the field of taxation is an integral part of the legal process, especially in cases related to tax audits and disputes. The article considers the definition of the very concept of "forensic economic expertise". Summarizing the achievements of scientists, the author of the article proposes to consider forensic economic expertise as a study of objects, phenomena and processes, which is conducted by a person who has special knowledge in the field of economics in order to provide a conclusion on issues raised by bodies of inquiry, pre-trial investigation or court. An important point is that the forensic economic examination is appointed exclusively to establish the circumstances of the case, which relate to the subject of evidence in the case and when the expert's opinion cannot replace other means of proof. The conducted research on the state of cases that are (were) pending in courts of various instances on tax disputes was based on the use of various general and specialized scientific methods, in particular: analysis, synthesis, induction, deduction, abstraction, generalization, economic-mathematical and statistical methods, etc. According to the results of the research, it was established that the largest specific weight is made up of cases of tax payers' lawsuits to the DPS authorities regarding the recognition of tax notices-decisions as invalid/invalid. The objects of research of forensic economic expertise on taxation are primary documents that confirm the implementation of an economic transaction and contain basic information about it, accounting registers that contain in a systematized form information about certain accounting objects, data on the formation of objects object of taxation and determination of the amount of taxes and fees payable to the budget, financial statements including descriptions of applied accounting policies, tax statements, other documents containing reliable information related to the subject of the study. Actual problems of appointing and conducting forensic economic examinations were identified and ways to overcome them were proposed.

The authority to prove deepfakes technically and jurisprudentially in artificial intelligence systems

The research aims to demonstrate the authority to prove deepfakes technically and jurisprudentially in artificial intelligence systems, as many people still fear the harm of this development in artificial intelligence, mimicking voice, and image, etc. The research contains the concept of artificial intelligence, details on the method of detecting deepfakes technically, the authority of deepfakes in jurisprudence, and then the result, which is: that ‏probable ‏evidence is considered one of the methods of proof considered in the judiciary in Islam. The means of proof are not limited to a specific number. ‏Therefore, those videos or audio clips that were detected through deepfake tools and whose falsification was not proven are some of the evidence that varies in strength and weakness. That is what the judge and his specialist experts estimate. This means according to the evidence, the authority of rights is proven, or dropped.

Philosophical Foundations of the Transformation of the Judicial Method of Rights Protection in the Context of the Creation of a Unified Information Space of the EEU

The article is devoted to the study of the dispute resolution procedure by the EAEU Court in the context of creating a single information space of the member countries of this integration association. Within the framework of the theoretical and practical orientation of this study, special attention is paid to conceptual problems related to the description of key social and digital phenomena that arise in the process of implementing the digital agenda and its impact on the judicial method of protecting the rights and legitimate interests of citizens and business entities. The transition to digital or electronic justice will increase the efficiency of the EAEU Court and create the most attractive conditions for the parties to the dispute to protect their rights and legitimate interests. Digitalization provides for large-scale changes in the field of justice, the emergence of new means of proof, the introduction of an electronic form of cases, remote court sessions all this leads to a change in the fundamental principles of legal proceedings. The solution to this problem should begin with the creation of a comprehensive program of legislative changes to the judicial method of protecting rights related to their digital transformation within the EAEU.

Counterclaim in Jordan's Law of Evidence

This study deals with the counterclaim issue as a means of proof. This subject is particularly important because it exempts the opponent from resorting to other means of proof. Without a legislative text, identifying cases of counterclaims and the Judge's power over them has become necessary. This research concludes with a series of conclusions and recommendations, most notably that the civil Judge's power to assess the counterclaim of a judicial statement is limited in the light of the conditions required by the legislator, while the Judge has broad discretion towards non-judicial recognition. We hope that the Jordanian legislature will explicitly stipulate the effect of counterclaim in any dispute.

Вопросы судебного доказывания по гражданским делам о защите чести и достоинства граждан, а также деловой репутации граждан и юридических лиц

Development of scientific problems of judicial evidence in civil cases on the protection of honor and dignity of citizens, as well as business reputation of citizens and legal entities has been and continues to be relevant, since judicial protection of these intangible goods is the main form of their protection. The aim of the study is determined by the objectively urgent need to find constructive approaches to judicial proof in civil cases on the protection of honor and dignity of citizens, as well as business reputation of citizens and legal entities. Conclu-sions dwells upon the fact that, given the principle of adversarial nature of civilized process, judicial proof is one of its key elements, which is an inter-branch procedural-legal institute. The evidence in civil cases for the protection of honor, dignity and business reputation has different features from other categories of cases, in-cluding the determination of the necessary scope of evidence and its sufficiency. It is precisely this circum-stance that prompted the preparation of this article. The article analyzes features of the subject of proof, duties of proof, means of proof, gathering verification and evaluation of evidence, as well as the standard for defama-tion disputes. Applied to the research topic, both norms of procedural law and substantive civil law are ana-lyzed. The following methods are used: dialectical, formal-logical and other general scientific methods of re-search; special-legal methods: comparative-legal and formal-legal.

Electronic evidence as a means of proof during the pillage investigation

The electronic evidence has become one of the key components of criminal investigations. The use of digital evidence allows investigating not only criminal offences against the property, environment, etc., but also offences committed during the war and invasion. Since the beginning of the large-scale invasion of Ukraine, the number of pillage cases, which became known from open sources of information, has increased. The purpose of this study was to investigate the problematic issues of using digital evidence in the pillage investigation. The methodological basis was general scientific methods of cognition, namely, scientific abstraction, deduction and induction, extrapolation, and logical generalisation. The paper examines pillage among other war crimes in the context of determining the concept, composition of a crime, and the admissibility of digital evidence during the pillage investigation of this crime. The urgency of solving problematic aspects related to the pillage investigation, primarily in the context of a full-scale war in Ukraine, is substantiated. The pillage is separated from other crimes against property committed under martial law or a state of emergency. The problems of terminology are considered and approaches to the qualification of criminal offences committed under martial law, including shortcomings in law-making, are outlined. It is proposed to amend the Criminal Procedure Code of Ukraine, defining the requirements for electronic evidence during the investigation of pillage. The practical significance of the study lies in the fact that such tools can be used for further research on the use of the digital evidence as a means of proof in the pillage investigation, as part of the development and improvement of legislation in this area

Certificate as a Means Proof in Eliminate Admin Jordanian

Objective: This study aimed to demonstrate the role of testimony as a means of proof in the Jordanian administrative judiciary.
 
 Theoretical Framework: The first topic came to clarify the concept of testimony and proof in language and terminology. As for the topic The second bears a title Certificate in eliminate Admin Jordanian its importance, types and procedures, And its conditions, and in the third topic, We are touched on talking about fields Business Certificate in eliminate Admin.
 
 Method: Researcher on curriculum descriptive Analytical in this search and that from during clarification texts legal to the courts Admin in Jordan and a statement faces shortcomings and weakness in showing Role Certificate as a means Proof in eliminate Administrative, and the research was divided into three main sections.
 
 Result and Conclusion: The research reached many results, perhaps the most important of which is that testimony as a means of proof in the Jordanian administrative judiciary was not a main means of proof, but the judge can dispense with it if he decides not to use it.
 
 Research Implications: The legislator increased the legal texts in the Jordanian Administrative Law of 2014 related to the testimony of witnesses, as the texts were scattered and almost negligible.
 
 Originality/value: Our study contributes to referring to the legal allegations in the light of information technology, which can be relied upon by the courts in the event of a conflict with the testimony of individuals.

Provision of evidence in civil proceedings: a historical and legal outline of the development of legislation

In the work, research was carried out in the historical and legal context of the institution of securing evidence in civil proceedings, the origins of the modern system of normative provisions on securing evidence, the main stages of the development of civil procedural legislation in this part were revealed. Modern legislative approaches to the legal regulation of procedures for providing evidence in civil proceedings and problematic aspects of law enforcement are analyzed. In the 2017 edition, the Civil Code of Ukraine established certain novelties in the legal regulation of the procedures for securing a claim. Thus, the court, at the request of a party to the case or a person who may acquire the status of a plaintiff , must provide evidence if there is reason to assume that the means of proof may be lost or the collection or submission of relevant evidence will later become impossible or difficult. Ways of securing evidence by the court are questioning of witnesses, appointment of expertise, demand and (or) review of evidence, including according to their location, prohibition to take certain actions regarding the evidence and obligation to take certain actions regarding the evidence. In necessary cases, the court may apply other methods of securing evidence determined by the court. In the new civil procedural legislation, the list of methods of providing evidencehas been expanded, the terms for filing a lawsuit in the case of submitting anapplication for providing evidence before the opening of proceedings in the case have been extended, the procedure for providing evidence when transferring a case to an arbitration court and international commercial arbitration, detailed requirements for form and content have been clarified applications for the provision of evidence. Key words: provision of evidence, proof, means of proof, civil proceedings, court procedures

ЕКСПЕРТИЗА В АДМІНІСТРАТИВНОМУ СУДОЧИНСТВІ УКРАЇНИ

The article is devoted to the study of features and grounds of appointment and conduct of expertise in administrative proceedings when considering public-legal disputes. The significance of forensic expertise in the administrative process as a means of proof has been determined. The legal norms of the current legislation of Ukraine have been analyzed, and the expert’s opinion has been assigned to means that are evidence in administrative court proceedings, that is, such means, by means of which the court establishes whether or not there are circumstances (facts) justifying the claims and objections of the parties to the case and other circumstances relevant to the correct resolution of the case. The concepts of «expertise» and «forensic expertise» in the judicial process have been studied, their delineation has been conducted. The authors emphasize that the possibility of using the expert opinion as evidence ensures the fulfillment of the tasks of administrative proceedings. The analysis of the procedural significance and peculiarities of the procedure for appointment and conduct of such types of forensic expertise, provided for in the Code of Administrative Procedure of Ukraine: commission expertise, complex expertise, additional expertise and re-exprtise (procedural criterion of separation). The existing types of forensic expertise, which are provided for by the current legislation of Ukraine, have been studied, and the court practice on the grounds of their appointment (sectoral division criterion) has been analyzed. It was noted that it was important for the court to assess the expert opinion on its ownership, admissibility, credibility and sufficiency. It has been concluded that in Ukraine there has been an increase in the role of forensic experts and the importance of expert findings in administrative cases. In the system of evidence, the conclusions of experts rightly occupy an important and special place. It was noted that the involvement of experts allows to comprehensively and fully clarify the facts of the case and to resolve the issue on the merits, and wide use of expertise from different sectors is a prerequisite for comprehensive and fair handling of administrative cases in the collection and analysis of evidence.

Kedudukan Akta Hibah Bagi Anak Angkat Dari Pemberian Harta Orang Tua Angkat (StudiPutusan Nomor: 1637/Pdt.G/2019/Pa.Jp)

The purpose of this research is to find out the position of the deed of grant made by a notary which contains grants fromadoptive parents to their adopted children. To achieve this goal the authors use a normative juridical approach. Datasources are secondary data as the main data which includes primary legal materials, secondary legal materials and tertiarylegal materials. The data obtained were analyzed qualitatively. Conclusion: Based on the results of research and discussionregarding the position of the deed of grant made by a Notary for adopted children, normatively, the Deed of Grant Number19/2008 dated 28 April 2008 made before Notary Jhonni M Sianturi, SH is valid and has legal force, because it has fulfilledthe requirements in the grant agreement both formally and materially. The strength of proof of a notarial deed as a meansof proof is the perfect strength of proof, because the privilege of an authentic deed lies in the strength of the proof. Anauthentic deed gives the parties and their heirs or people who have rights from it a perfect proof. An authentic deed has thepower of proof in such a way that it is considered attached to the deed itself, meaning that an authentic deed is bindingevidence because what is written in the deed must be considered true and trusted by the judge. An authentic deed also hasperfect evidentiary strength because it does not require the addition of other evidence, in other words, an authentic deedhas outward, formal and material evidentiary strength in accordance with the provisions under Article 1886 of the CivilCode. A notarial deed as an authentic deed has external, formal and material evidentiary power, if a notary deed is drawnup according to the applicable provisions, then the deed will be binding on the parties as an authentic deed and includes thecourt which must accept the notary deed as perfect evidence