PUBLIC INSTRUMENT Meaning and
Definition
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A public instrument refers to a legal document or official written record created by a public officer or authority, typically authorized by law, to serve as proof or evidence of a specific transaction or event. It is a legally recognized piece of written evidence that is intended to establish and preserve the rights, obligations, or facts related to a particular matter.
Public instruments are generally prepared by public officials such as notaries, court clerks, or government officers who have the authority to administer oaths and certify legal documents. These instruments can take various forms, such as deeds, contracts, wills, affidavits, court judgments, or other official documents. They typically bear the seal, stamp, or signature of the public authority responsible for its authentication and often carry legal weight in courts or other legal proceedings.
The main purpose of a public instrument is to ensure the authenticity, validity, and enforceability of the recorded information. It provides a reliable and verifiable record of the agreed-upon terms, transactions, or statements made by the involved parties, serving as concrete evidence for legal or administrative purposes. Public instruments offer a level of trust, as they are prepared and certified by public officials who are entrusted with upholding the law and maintaining accurate records.
Etymology of PUBLIC INSTRUMENT
The word "public" originated from the Latin word "publicus", which means "pertaining to the people". It is a combination of "populus" meaning "people" and "-icus" indicating possession or relationship.
The term "instrument" has its roots in the Latin word "instrumentum", which means "tool" or "implement".
When the two words are combined, "public instrument" refers to a tool or implement used by or for the people or public. It generally denotes an object or device that is available or accessible for public use or benefit.
