A public document or instrument is one issued or authorized by a competent public official or notary public and who attests to its content. They are those issued by public officials in the exercise of their functions. It is a document authorized or signed by an official and is called a public deed if it is granted by a notary.
They are usually considered public documents: Resolutions and judicial proceedings, authorized by a notary, intervened by commercial brokers, property registries, mercantile registries, public administration registries, certificates of experts and documents issued by public officials with powers to attest. The data contained in a public document is by its nature and according to legal exceptions, of public access.
They are those documents made between individuals in which no public official or public authority has intervened. They are those documents that lack the elements or connotations of a public document. By exclusion it does not meet the requirements to be public.
It is a document in which only private individuals or companies have participated and in no part of its preparation process has a public official intervened. An employment contract or a contract for the provision of services is a private document.
Differences between public and private document
- Public documents can be consulted by anyone.
- Private documents can be consulted only by the people involved.
- Private documents are issued between individuals or private companies.
- Public documents are issued by public officials or authorized by them.