The Evidentiary Force of Public Deeds: Analysis of Cassation Order No. 15805 of June 13, 2025

In the Italian legal landscape, public deeds have always enjoyed a special aura of inviolability, considered almost a "queen of evidence" due to their creation by an authorized public official. However, an important Order from the Court of Cassation, No. 15805 of June 13, 2025, has provided fundamental clarification on the limits of this "privileged evidentiary force," distinguishing between the extrinsic elements of the deed and the content of the declarations reported therein. This ruling, presided over by Dr. T. F. and authored by Dr. Z. A., intervenes in a dispute between D. and C., rejecting a previous decision by the Court of Naples dated 07/02/2020.

The judgment in question, while reaffirming the undisputed value of public deeds concerning their origin and the facts attested by the public official, introduces a crucial distinction that profoundly impacts procedural strategy and the protection of rights. Let's examine in detail what the Supreme Court establishes.

The Value of Public Deeds: Between Formal Certainty and Substantive Truth

A public deed, as defined by Article 2699 of the Civil Code, is a document drawn up, with the required formalities, by a notary or other public official authorized to give it public faith in the place where the deed is made. Article 2700 of the Civil Code states that a public deed is full proof, until a claim of falsity, of the document's origin from the public official who drew it up, as well as of the parties' declarations and other facts that the public official attests to have occurred in his presence or to have been performed by him.

It is precisely on this latter aspect that the Cassation has wished to place an important clarification, delimiting the scope of "full proof" and, consequently, the necessity of resorting to the onerous and complex claim of falsity.

In the context of public deeds, the binding force of legal evidence is limited to the extrinsic elements of the deed (i.e., the origin of the document from the public official who drew it up, what was said or done before the latter, the time and place where it was drawn up) and does not extend, however, to the content of the declarations resulting from it, which can, therefore, be challenged by any means of proof, without the need to file a claim of falsity. (In application of the principle, the S.C. excluded the privileged evidentiary force of expenditure items and their related reasons contained in the communication made by the judicial commissioner to creditors pursuant to art. 171 of the bankruptcy law).

This maxim is of fundamental importance. It clarifies that the "privileged faith" of a public deed – that which requires a claim of falsity to be disproven – exclusively concerns the elements relating to the extrinsic formation of the document. This includes, for example, the certainty that the document was actually drawn up by the public official, that the parties uttered certain words or performed specific acts before him, and that this occurred in a given place and at a specific time. In other words, the public deed guarantees the veracity of what the public official has directly perceived and attested.

However, the privileged evidentiary force does not extend to the "substantive content" of the declarations made by the parties. If, for example, the parties declare to have received a sum of money or to have agreed on certain conditions, the veracity of these declarations is not covered by the privileged faith of the public deed. This means that the party wishing to contest the truth of these statements will not necessarily have to undertake the complex and burdensome procedure of a claim of falsity, but may use any other means of proof provided for by our legal system (such as testimonial evidence, other documentary evidence, presumptions, etc.) to demonstrate that what was declared does not correspond to the truth.

A concrete example cited in the same maxim concerns the expenditure items and their related reasons contained in the communication made by the judicial commissioner to creditors pursuant to art. 171 of the bankruptcy law. In this context, the Cassation has excluded that these items enjoy privileged evidentiary force, and can be challenged by ordinary means of proof.

Practical Implications of the Judgment: When a Public Deed is Not Unassailable

This ruling by the Supreme Court has significant practical implications for all legal professionals and citizens. It introduces greater flexibility in challenging public deeds, distinguishing between form and content, and rebalances the position of the parties in litigation.

• **Simplified Challenge:** It will no longer be necessary to resort to a claim of falsity to contest the veracity of declarations made by parties in a public deed; it will suffice to produce contrary evidence.
• **Focus on Substantive Truth:** The judgment shifts the focus from the mere formality of the deed to the substantive truth of the statements contained therein, ensuring greater protection for those who believe they have been harmed by untrue declarations.
• **Greater Legal Clarity:** The ruling offers clearer guidance on which aspects of a public deed enjoy privileged faith and which do not, reducing interpretative uncertainties.
• **Key Legal References:** The decision is based on the core principles of civil evidence, referencing Articles 2697, 2699, and 2700 of the Civil Code, which are fundamental to understanding the evidence system in our legal framework.

Conclusions: A Necessary Balance for Legal Protection

Order No. 15805 of 2025 from the Court of Cassation represents a firm point in the jurisprudence concerning the evidentiary force of public deeds. It reiterates the importance of legal certainty guaranteed by public faith, but at the same time recognizes the need to protect the substantive truth of facts, preventing formal rigidity from precluding the pursuit of justice. This distinction between the extrinsic elements of the deed and the content of the declarations is essential for a balanced application of the law and to ensure that civil proceedings can ascertain the reality of facts with all available means. For anyone facing issues related to the validity or content of a public deed, specialized legal advice is crucial to fully understand the implications of this important ruling and to act in the most effective way to protect their rights.