Define: De Fide Instrumentorum

De Fide Instrumentorum is a legal principle that refers to the presumption of the authenticity and truthfulness of written documents.

Under De Fide Instrumentorum, written documents are presumed to be genuine and accurate unless proven otherwise. This presumption helps establish the reliability of written evidence in court.

Yes, the presumption of De Fide Instrumentorum can be rebutted by presenting evidence that proves the document is fraudulent, forged, or contains false information.

To rebut the presumption, evidence such as expert testimony, forensic analysis, or contradictory documents can be presented to demonstrate that the written document is not authentic or accurate.

De Fide Instrumentorum generally applies to all types of written documents, including contracts, deeds, wills, and other legal instruments.

Yes, parties involved in a legal proceeding can agree to waive the presumption of De Fide Instrumentorum. This can be done through explicit contractual provisions or by mutual consent.

If the presumption is successfully rebutted, the court will no longer consider the document as authentic or accurate. The burden of proof then shifts to the party relying on the document to establish its authenticity.

While De Fide Instrumentorum is a general principle, there may be specific statutory exceptions or rules that limit its application in certain circumstances. It is important to consult the relevant laws and regulations to determine any exceptions.

Yes, De Fide Instrumentorum can be used in criminal cases to establish the authenticity and accuracy of written evidence, such as confessions, statements, or documents related to the case.

De Fide Instrumentorum helps shift the burden of proof from the party presenting the written document to the party challenging its authenticity. The party challenging the document must provide sufficient evidence to rebut the presumption and prove its inaccuracy or fraudulent nature.