Public faith is a fundamental concept in the legal field that refers to the credibility and trust that the State grants to certain acts and documents through specific figures or authorities. In Mexico, this figure is crucial in both civil and commercial matters, as it guarantees the authenticity and veracity of documents and legal acts, thus facilitating the administration of justice and legal certainty.
Public faith can be defined as the authority and trust that the legal system grants to certain officials and documents so that their statements and certifications are accepted as true and authentic, without the need for further proof. In Mexico, notaries public, brokers public and certain judicial officers are responsible for conferring public faith. Public faith fulfills several essential functions, including the certification of authenticity, ensuring that documents and public acts are authentic, which reduces the risk of fraud. In addition, it provides full proof, since documents that enjoy public faith have a high probative value, facilitating their acceptance in lawsuits and other legal proceedings. It also provides legal security by providing certainty and confidence to citizens and companies when performing legal acts, since they know that such acts have official validation. Finally, it simplifies the processes, since by having documents certified with public faith, the need for additional evidence is reduced, which speeds up judicial proceedings.
In the civil sphere, public faith is particularly relevant in several contexts. Notaries public intervene in the drafting and certification of contracts and deeds, guaranteeing their legality and authenticity. In the case of wills, certification by notaries guarantees their validity and facilitates their execution. Notarial acts drawn up by notaries have a high probative value and are fundamental in procedures such as probate. In the commercial field, public faith also plays a crucial role. Public brokers certify commercial acts and contracts, which provides security and certainty to commercial transactions. Commercial documents, such as promissory notes, checks and invoices that are certified by a public broker or notary, have greater probative value in commercial lawsuits. In addition, the registration of acts and documents in the Public Registry of Commerce, carried out with public faith, ensures the publicity and authenticity of such acts, protecting third parties.
In conclusion, public faith is an essential tool for the functioning of the legal system in Mexico. Its role in civil and commercial legal proceedings not only guarantees the authenticity and veracity of documents and acts, but also provides legal certainty, facilitates the administration of justice and simplifies legal processes. The trust placed in notaries and public brokers is a fundamental pillar for the stability and efficiency of the Mexican legal system.
