Fides publice e instrumenta publice confecta in Roman Law

Abstract

In the Roman world they used to negotiate verbally at first and after a while negotiation was done in writing. Later on, it was signed by witnesses together with both sides. Finally, notaries and civil servants took part in the process. The fides publica implied that the content of the written document was true, agreed by both sides regarding the thirds and tribunals until, if that was the case it was proved to be false in a penal process. However, in Rome, despite the prestige and the influence of notaries, these documents previously written, were not considered public documents. Only those in which a civil servant took part were considered Public documents.