"Certification" is the name given to the process by which an authority authenticates the origin of goods, the identity of the signatories of a private writing or conformity to the original copy a document. The certification is done so by affixing a stamp on the wet paper certified, either by issuing a separate document words "certificate" for example "certificate of origin" used in export transactions of goods. Company Law, the term refers more specifically to control operations in which auditors attest to the regularity of the accounting records of the company after they have checked. They certify that they are "fair and sincere."
The problem of particular interest to electronic commerce. Certification by an authority called "certification" is at once the origin of the message transmitted electronically and the integrity content of the file transferred. The problem of certification is linked to the transmission of encrypted data. On this last point see Decrees No. 99-199 and 99-200 of 17 March 1999 and arrested the same day. (J. O March 19, p. 4050).
The "apostille" is the name given to documents Emene certification authority or certified by a French authority to be produced abroad and foreign public documents to be produced in France. See Table récapitularif of the current treaty law on the website of the Ministry of Foreign Affairs. A convention concluded at The Hague October 5, 1961 removed the requirement of legalization for foreign public documents. Among these acts are found mainly acts juridicaires, notary service, diplomas and certificates of public examinations, acts of civil status and contracts légalisés'apostille aims to verify the authenticity of the origin of a public document, the authenticity of the signature of the person who issued it and the competence of the latter to make copies. States do not have all signed or acceded to this Convention.
Regarding Authentication of judgments courts recall that any judgments acquires the probative value of an authentic act (s. 457 new Code of Civil Procedure) and that therefore there was no procedure for including false statement that the ruling was signed by the clerk can not be disputed. (Comm. Nov. 27, 2001 - No. 98-20. 915)
The problem of certification of origin of a document arises particularly in relation to electronic commerce and exchange e-mails. In cryptography, a Certification Authority (CAs) has the mission to verify the identity of the authorities, bodies or persons exchanging coded messages. According
AFNOR, "certification is an activity by which a recognized body, independent of the parties gives written assurance that an organization, process, service, product or professional skills are in accordance with specified requirements in a repository ". It applies to all species of human, industrial, agricultural, organic, medical or professional qualification.
Texts
Commercial Code, Art. L820-1 L821-5, L822-4, l823-7 f., R143-9, R525-6, R821-14-13.
DL. October 30, 1935 (check) art. 12-1.
Hague Convention of October 5, 1961
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