Legal Protection of Heirs Affected by Authentic Deeds Based on False Statements

Abstract

Authentic deeds possess conclusive evidentiary value in civil legal relationships. However, legal disputes may arise when an authentic deed is drawn up based on false statements provided by an appearer, resulting in losses to heirs who have legal rights to inherited property. This study aims to analyze the legal standing of heirs affected by authentic deeds based on false statements, the civil liability of notaries, and the legal consequences and evidentiary mechanisms involved. This research employs normative legal research using statutory and conceptual approaches. The legal materials consist of relevant legislation, legal books, and scientific articles, which are analyzed qualitatively through legal reasoning. The findings indicate that the legal status and rights of heirs arise from inheritance relationships rather than from the existence of an authentic deed. Therefore, the evidentiary strength of an authentic deed cannot extinguish the substantive rights of heirs that can be established through other admissible evidence. A notary's civil liability does not automatically arise merely because an authentic deed contains false statements. Instead, such liability requires proof of a breach of professional duties, fault or negligence, damage, and a causal relationship. Furthermore, the legal consequences affecting an authentic deed must be distinguished according to the source of the defect, whether it concerns formal deficiencies or the material falsity of statements provided by the appearer. Accordingly, legal protection for heirs requires a clear distinction between the liability of the appearer and that of the notary, as well as appropriate remedies based on the established legal facts and available evidence. This study emphasizes the importance of implementing the principle of prudence in notarial practice and ensuring proportionate evidentiary assessments to achieve legal certainty, justice, and the protection of heirs' rights.