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

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

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.