EIRP Proceedings, Vol 10 (2015)

Abstract

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 of an authentic 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 attention 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 recognize in a Member State different of the Member State of origin. In order to completely fulfil the objectives of Regulation 650 from 2012, to eliminate the 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.