A grosse is the official authenticated copy of a judgment, notarial deed or other official document. It is the counterpart of the “minute” (minuut): the original that the notary or court registry keeps itself.
Characteristics
- The name derives from the former practice of writing the document out in large letters for the client.
- The minute is the original held by the notary or the court; the grosse is the copy issued to the party.
- A grosse bearing an enforcement clause carries executory force.
- Such an enforceable grosse can be executed by a bailiff without first obtaining a court ruling.
- Dutch: grosse. German: vollstreckbare Ausfertigung.
Applications
In construction and real estate, the grosse is relevant because many notarial deeds are issued as a grosse, such as the mortgage deed and the purchase/building contract. Because a mortgage deed in grosse carries executory force, a lender can in principle proceed directly to enforcement in the event of default, without first seeking a judgment. For building projects and property transactions it is therefore important to know which documents have been drawn up as a grosse and what legal consequences attach to them.
Related terms
- Notarial deed
- Building contract
- Mortgage
- Executory title
- Minute (original)
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