Challenging the authenticity of a document

Mihail Tomov, Lawyer | Varna

Under Article 180 of the Code of Civil Procedure, a signed private document proves only that the statement it contains was made by the person identified as its author. This is known as the formal evidentiary force of a signed private document. A challenge to its genuineness therefore concerns its authenticity. Only an official document certifying facts can be challenged in this way on the ground that its contents are untrue. In the case of a private document, disputing the truth of what it says is not an authenticity challenge. Such a dispute neither justifies opening incidental proceedings under Article 193(1) of the Code nor makes a separate action under Article 124(4) admissible.

Unlike an official document, a private document does not constitute binding proof of the date on which it was drawn up. Its date can be relied on against third parties in the circumstances specified in Article 181(1) of the Code. Witness testimony cannot be used to establish such a date as against third parties (see Judgment No. 80 of 17 July 2013 in civil case No. 161/2012 of the Supreme Court of Cassation). Whether the date can be relied on affects the document’s evidentiary value; it does not determine whether the document is genuine.

If you have been presented with a document whose date you doubt, an experienced litigation lawyer can explain the options available to you.