Concept and significance of the issuance of an official copy of a document
Die Issuance of an official copy of a document is a central rule-of-law concept in the German legal system, particularly in the field of documents and official records. It refers to a formally produced document, provided with an attestation clause, which reproduces the complete and binding content of the original document. The official copy is usually created by authorities, courts, or notaries and serves in various legal relationships as evidence, authorization document, or as a basis for enforcement. The issuance and use of official copies is regulated in numerous areas of law and procedural codes.
Distinction: Original, Official Copy, Copy, and Certified Copy
Original
The original of a document is the primary document, signed personally by the issuing person(s). It is often deposited with a public authority, especially with notaries or courts, and remains there as the original.
Official Copy
The official copy is a complete reproduction of the original, provided with a special attestation clause. The official copy regularly includes a statement that it “corresponds with the original”; it is often authenticated with the seal and signature of the issuer. In legal transactions, the official copy is largely equivalent to the original and can have legal effects, for example, in the context of enforcement proceedings.
(Simple) Copy
A copy is merely a verbatim reproduction of the original—produced by hand, machine, or electronically—however, without any special certification of conformity and without legal evidentiary value.
Certified Copy
A certified copy is a copy with certification by a competent authority that it conforms to the original. It has greater evidentiary value than a simple copy, but in terms of certain legal consequences, it is still inferior to the official copy.
Legal Provisions Regarding Official Copies
Civil Law Foundations
In civil law, the official copy is governed in particular by Section 47 of the Notarization Act (BeurkG). According to this, for example, a notary issues an official copy of a document upon application, after its original form has been created and signed. The official copy is generally used as proof of the notarized legal transaction in legal dealings.
Section 47 BeurkG (Official Copy)
“The notary shall, upon application, provide an official copy of the record. The official copy shall be marked as such by an attestation clause containing a signature and a seal or stamp.”
Further special statutory provisions can be found, e.g., in land register law: For an entry in the land register, it is often necessary to submit an official copy of a notarially notarized contract of sale.
Official Copy in Enforcement Law
According to Sections 724 et seq. of the Code of Civil Procedure (ZPO), the official copy of judgments, orders, or other enforcement titles is a prerequisite for the initiation of enforcement proceedings. The official copy is prepared by the adjudicating court and bears an enforcement note that enables enforcement based on the title.
Section 724 ZPO (Enforceable Official Copy)
“Enforcement is effected on the basis of an enforceable official copy of the title.”
Here, the official copy is the decisive document from which the enforcement authority acts.
Official Copy in Administrative Law
The official copy also plays a role in administrative law, for example for administrative acts, certificates, or notices. Here, an official copy can appear in legal transactions as a legally binding document.
Requirements and Issuance of the Official Copy
Entitlement to Apply
In principle, only those who can credibly demonstrate a legitimate interest are entitled to be given an official copy. Typically, only the person directly entitled or obligated under the document (e.g., contracting parties, heirs) regularly receives an official copy.
Form and Identification
An official copy must be complete, clear, and identifiable in content. It includes an attestation clause, the certifying signature, and, for public documents, usually the official seal of the issuing authority. The attestation clause ensures the binding declaration that the contents correspond with the original.
Electronic Official Copies
With increasing digitalization, electronic official copies are being issued more frequently, for example with a qualified electronic signature in accordance with Section 39 BeurkG.
Legal Effect of the Official Copy
In legal transactions, the official copy is equivalent to the original and replaces it in practice. It entitles the holder to exercise rights, such as conducting enforcement proceedings, making land registry entries, or submitting to authorities and courts. In particular, the official copy is regularly required to prove the authenticity and content of a document.
An official copy establishes public faith pursuant to Section 415 ZPO and thus possesses high evidentiary value in civil proceedings.
Distinction from the Certified Copy
The official copy always carries greater legal effect than a certified copy. While a certified copy confirms the content’s conformity with the original, the official copy is regarded in legal dealings as a substitute for the original. Certain legal acts (e.g., enforcement) are only possible upon presentation of the official copy.
Loss, Destruction, and Reissuance
If an official copy is lost, another (repeated or second) official copy can be issued upon application and proof of a legitimate interest. However, reissuance is restricted to prevent misuse.
Significance in Practice
Official copies are an essential instrument in document transactions, for notarial certifications, in court proceedings, and for legal enforcement. They enable the orderly, transparent, and legally secure transfer of document contents without requiring the release of the original.
References
- Eylmann/Vaasen, BNotO/BeurkG, Commentary, latest edition
- Palandt, German Civil Code, Commentary, latest edition
- Zöller, Code of Civil Procedure, Commentary, latest edition
Weblinks
Note: This overview provides a comprehensive summary of the concept of the issuance of an official copy of a document, taking into account the most important legal aspects and areas of application in legal transactions.
Frequently Asked Questions
How does the official copy of a document differ from its certification?
The official copy of a document differs significantly from a certification in terms of legal effect. The official copy is a copy or version of a written document produced by the authorized issuer, stating that it corresponds fully with the original. This is regularly confirmed by a corresponding note and the personal signature of the issuing authority or notary. The official copy is considered equivalent to the original in legal dealings and constitutes a complete, legally valid document. In contrast, certification refers to the confirmation of the authenticity of a signature or a copy by a competent authority. The certification only serves to verify the identity or authenticity of what is presented, but, unlike the official copy, does not presume the completeness and correctness of the contents of the document.
Who is authorized to issue an official copy of a document?
The issuance of an official copy is generally restricted to certain individuals and institutions. In civil law, particularly concerning notarial documents, it is primarily notaries who are legally authorized to prepare an official copy of a document. Public authorities can issue official copies of their own documents, with the responsible caseworker or supervising division being competent. For court judgments, the courts themselves, often represented by the registry, prepare the official copies. Private individuals are generally not authorized to issue official copies of official documents themselves; they can only prepare copies or duplicates, which, without the appropriate official attestation, have no legal validity as official copies.
What legal requirements apply to the attestation clause of the official copy?
The attestation clause is a mandatory requirement for the validity of the official copy. It consists of a clear declaration that the present copy fully and verbatim corresponds with the original. Additionally, the place and date of issuance must be indicated, as well as the personal signature and, if applicable, the official seal of the issuing authority. In the notarial context, the attestation clause is regulated in Section 49 BeurkG. Any formal errors in the attestation clause, such as missing a signature or stamp, can render the official copy invalid and impair its legal effect. For this reason, the entire process is subject to strict formal requirements.
In which cases is an official copy legally required or prescribed?
An official copy is always required by law when a party needs to prove entitlement or specific rights from a document in legal dealings, for example, in land registry matters, certificates of inheritance, enforceable titles, or other notarial processes. In particular, in civil proceedings, the official copy of judgments serves as the enforceable official copy pursuant to Section 724 ZPO, which is mandatory for enforcement measures. Submission of an official copy is also frequently required for registration with the commercial register or in real estate transactions, since it proves that the original exists and that its content is binding.
Can several official copies of the same document exist and are they all legally valid?
Yes, several official copies of a document can exist, each of which is, as a rule, equally effective as the original. The number of possible official copies can be limited by law or by direction of the issuing authority, such as for a notarial power of attorney, where only one person is to be made the holder of the official copy. In the case of a titled document, such as a judgment, usually only one enforceable official copy is issued, with further copies being provided only upon special request and under certain conditions. Each validly created official copy enjoys the same evidentiary value and can be used independently in legal transactions. However, misuse or multiple copies issued contrary to legal provisions may result in liability for the issuing person.
What are the legal consequences if an official copy is incorrect or missing?
If an official copy is incorrect in content, for example because it does not correspond with the original, or the attestation clause is incomplete, this can have far-reaching consequences. A flawed official copy may, if in doubt, not be effective in legal dealings and the resulting legal effects may be contestable or void. If the official copy is missing, the necessary proof in legal dealings is also missing, which can lead to the invalidity of the action or to rejection of an application, especially regarding enforcement titles or legally required transactions. Legal remedies against refusal or incorrect issuance are permissible depending on the area of law and instance and usually must be lodged within certain time limits.
Is there a right to the issuance of an official copy, and how can it be enforced by law?
A legal right to be issued an official copy only exists if it is provided by law or justified by a legitimate interest. In the field of notaries, the right exists pursuant to Section 47 BeurkG, provided the applicant demonstrates a legitimate interest, such as being a participant or legal successor. For court documents or administrative acts, the right to an official copy arises from the relevant procedural laws (e.g., Section 798 ZPO for enforceable titles). The enforcement of a right to an official copy can be carried out by submitting an application to the respective authority, if necessary, also by means of administrative complaint or by filing a lawsuit in administrative or civil proceedings, should the issuance of the official copy be unjustifiably refused.
