Documents that are issued or drafted as authentic instruments entail a presumption of veracity of the facts indicated in them. They can be disputed in a civil proceeding. Art. 2 and 3 of the Croatian Notarial Act stipulate issuing notarial instruments (notarial acts, notarial certificates and notarial protocols) as public documents (authentic instruments in this sense) as a general competence of civil law notaries. Art. 230 of the Croatian Civil Litigation Act prescribes that public documents are documents issued by a public authority within its field of competence, proving presumed veracity of facts that are indicated in the document. It is permitted to contest them by proving the indicated facts were poorly established, or that the document was poorly drafted. Private documents entail the same presumption arising from the general principle of burden of proof actori incubit probatio. However, facts proven by private documents are assessed under Art. 8 of the Croatian Civil Litigation Act (The court shall establish the relevant facts based on its own conviction formed by a diligent assessment of each fact individually and all facts together), enabling easier contesting than in the case of public documents, where contesting has to be more specific.
2. In your legal system, does the authentic instrument have enhanced probative value? What are the rules that provide that?
