Care este diferența dintre o copie legalizată și un duplicat

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În cele ce urmează mă voi referi cu precădere la documentele autentificate de un notar public și voi face câteva comentarii despre diferențele care există între o copie legalizată și un duplicat.

Ca definiție, un duplicat este un act original emis de aceeași instituție care a emis originalul atunci când acesta s-a pierdut sau a fost distrus.  În practică, originalul unui act notarial, se semnează într-un singur exemplar, și rămâne în arhiva biroului notarial. Părții sau parților li se înmânează duplicate, adică documente identice în conținut cu originalul, mai puțin semnătura notarului care lipsește de pe duplicate. Duplicatele au aceeași forță probantă ca și originalul.

Dacă pierdeți toate exemplarele duplicatului pe care l-ați primit de la notar, un nou duplicat poate emite doar notarul care a autentificat actul original. Dacă însă aveți un exemplar al duplicatului și doriți mai multe exemplare, puteți merge la orice alt birou notarial și să faceți o copie legalizată (sau mai multe).

O copie legalizată este o copie a unui document original care a fost autentificat de un notar public sau de o altă autoritate legală (cum ar fi o instanță de judecată).

Foarte important de știut este faptul că, în lipsa originalului (duplicatului), copia legalizată din arhiva biroului notarialconstituie titlu executoriu, iar valabilitatea acesteia este de doar 6 luni.

Un document emis de o instanță de judecată poate fi emis în copie legalizată doar de instanța care l-a emis, nu și de un notar.

Oricine poate solicita o copie legalizată de pe un act original pe care îl deține, chiar dacă nu este parte în el, deoarece pentru această procedură nu se verifică identitatea, domiciliul sau capacitatea solicitantului.

Copii legalizate din arhiva biroului notarial de pe actele emise de notarul public se eliberează numai părților, succesorilor se reprezentanțelor acestora, precum și celor care justifică un drept sau un interes legitim.

În cazul în care activitatea notarului care a întocmit actul inițial a încetat, trebuie să afli cine a preluat arhiva biroului notarial. Arhiva notarului public căruia i-a încetat calitatea poate fi preluată de notarul public asociat, de un alt notar public sau de către Camera Notarilor Publici.

diferența dintre o copie legalizată și un duplicat

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