Reliable – What it is, definition and concept

Reliable refers to those documents or notifications that prove or attest to a fact.

In the legal field, this expression is used in procedural law. Something that is reliable is something irrefutable that leaves evidence.

This expression is used to define documents or to classify notifications.

Reliable documents

These types of documents are those that attest to something. They demonstrate the existence of a fact or action. They give certainty to a fact without doubting its veracity. These reliable documents are considered those issued by notaries public or those found in public registries, such as the civil registry or the property registry.

Any document that has been issued by the Registry or is signed by the notary will be a reliable copy of the original document and means that it is irrefutable.

These reliable documents must be provided to the judicial process to support the claims of the parties, either in the claim or in the answer to the claim. The fact that it is considered a reliable document does not mean that it cannot be challenged. If this is contested, it will be compared with the original document in order to verify its authenticity.

However, it must be understood that the challenge to a reliable document is not based on what is contained in that document but on its possible falsity.

Reliable notifications

These notifications are a type of communication that records its delivery. That is, it records that the person receiving the communication has received it. A reliable notification does not mean that they attest that the recipient has read the communication, it simply states that they have received it.

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In order for it to be considered that there is a reliable notification, the acknowledgment of receipt must be included. This can happen in several ways:

  • Through a burofax with the acknowledgment of receipt: This burofax allows you to attest to the sending of some documents or evidence and in turn with the acknowledgment will be evidence of delivery.
  • Registered letter: This type of communication must be delivered to the person to whom the communication is addressed and the delivery must be recorded with the signature.
  • A notarized letter: This type of document constitutes a notification of a fact by a notary public. The notary by his own figure and functions attests to the communication and its delivery.

An ordinary mail would not be considered reliable communications, where it is not possible to know if the recipient of the same communication or any electronic communication has received, be it WhatsApp, email or any other.

These reliable communications or notifications are very relevant precisely because they attest to the receipt of the communication. In other words, it is the way to demonstrate that a person has received the communication of a modification of contractual conditions or a fine, for example.

Therefore, if a person brings to trial the claim that they were not informed that there was a fine or this type of contractual modifications, the fact that the receipt of the reliable notification is provided will be authentic and will constitute evidence for Judge.

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