What does “public document” mean?

In countries with a tradition of Roman civil law (unlike countries with an Anglo-American tradition) the law ascribes special importance and effect to documents drawn up by a notary public (of the Latin type, or civil law notary).

Article 2699 of the Civil Code specifically defines a public document as a “document drawn up according to the formal rules by a notary or another public official authorized to invest it with public trust in the place where the document was written”.

“Public trust” is a particular effect of a notarised public document that first of all is valid proof of a right a person has acquired (and is expressly so recognized by the Conventions of Brussels, San Sebastian and Lugano on jurisdiction and the enforcement of judgements in civil and commercial matters). For this reason, in all countries using continental law, all economically and socially important documents (from the purchase of a house, the setting up of a company or association, the writing of a will, to the recognition of a child born out of wedlock) must be executed before a notary; and when required the safe custody and/or translation of the same are entrusted to a notary.