Circulation of authentic instruments under Regulation (EU) no. 650/2012

Author:Crina Alina Tagarta (De Smet)
Pages:128-135
SUMMARY

The European legal space unites Member States with different legal systems. The majority of them recognize the concept of an authentic instrument, as the primary instrument for preventive justice and the Notary as the person and institution, in whom the state has vested the right to authenticate certain transactions and facts. Other Member States do not recognize the concept of an authentic... (see full summary)

 
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European Integration - Realities and Perspectives. Proceedings 2015
128
Circulation of Authentic Instruments under Regulation (EU) No. 650/2012
Crina Alina Tagarta (DE SMET)1
Abstract: The European legal space unites Member States with different legal systems. The majority o f the m
recognize the concept of an authentic instrument, as the primary instrument for preventive justice and the Notary as
the person and in stitution, in whom the state has vested the right to authenticate certain transactions and facts. Other
Member States do not recognize the concept of an authentic instrument and the institution of a Notary, who is
responsible for drawing such instruments. Within the European Union there is no single or unified document a
“European Authentic Instrument”. So this paper wants to draw attenti on upon the necessity to define the criteria an
act has to comply with, in order to be considered as an “authentic instrument” and to enable its special effects to be
recognized in a Me mber State different from the Member State of origin. In order to completely fulfil the objectives
of Regulation 650 from 2012, to eliminate th e obstacles to the free movement of persons within the European Union,
through eliminating the difficulties in exercising their rights in the areas, related to succession with international
consequences, the Regulation includes provisions, regulating the acceptance and execution of authentic instruments.
Keywords: succession with international elements; public authorities; Member States; European Union.
1 Introduction
Facilitation and encouragement of free movement of European Union citizens is a main goal and
priority for its institutions. In order to achieve this goal, the European Union has developed and
adopted numerous documents, reports, programs and action plans. The mobility of Union citizens is a
practical reality, evidenced in particular by the fact that some 12 million of them study, work or live in
another Member State of which they are not nationals.
Consequently, the European Parliament and Council adopted on the 4th of July 2012, at Strasbourg,
Regulation (EU) no. 650/2012 on jurisdiction, applicable law, recognition and enforcement of
decisions and acceptance and enforcement of authentic instruments in matters of succession, which
was a major step to facilitate cross border successions, revealing the need for legal certainty and easier
proceedings (Council, 2014).
2 Problem Statement
The European legal space unites states with different legal systems. The majority of them the
Romano-Germanic type of states recognize the concept of the authentic instrument, as the primary
instrument for preventive justice, and the Notary as the person and institution, in whom the state has
1 Danubius University, Faculty of Law, Master's Studies, European law and public administration, Address: 3 Galati Blvd,
Galati 800654, Romania, Tel.: +40 372 361 102, fax no. +40 372 361 292, Corresponding author:: crinatagarta@yahoo.com.

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