The evidentiary effects of authentic acts in the Member States of the European Union, in the context of successions - Report for Belgium
The EU Succession Regulation (Regulation 650/2012) allows for cross-border circulation of authentic instruments in a matter of succession. Authentic instruments are documents created by authorised authorities which benefit from certain evidential advantages. As this Regulation does not harmonise Member State substantive laws or procedures concerning succession the laws relating to the domestic evidentiary effects of succession authentic instruments remain diverse. Article 59 of the Succession Regulation requires the Member States party to the Regulation to give succession authentic instruments... Mehr ...
Verfasser: | |
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Dokumenttyp: | report |
Erscheinungsdatum: | 2016 |
Verlag/Hrsg.: |
European Parliament
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Schlagwörter: | Succession Regulation / Règlement successions / acte authentique / authentic acts / ordre public / public policy / Law / criminology & political science / European & international law / Civil law / Droit / criminologie & sciences politiques / Droit européen & international / Droit civil |
Sprache: | Englisch |
Permalink: | https://search.fid-benelux.de/Record/base-28542605 |
Datenquelle: | BASE; Originalkatalog |
Powered By: | BASE |
Link(s) : | https://orbi.uliege.be/handle/2268/197934 |
The EU Succession Regulation (Regulation 650/2012) allows for cross-border circulation of authentic instruments in a matter of succession. Authentic instruments are documents created by authorised authorities which benefit from certain evidential advantages. As this Regulation does not harmonise Member State substantive laws or procedures concerning succession the laws relating to the domestic evidentiary effects of succession authentic instruments remain diverse. Article 59 of the Succession Regulation requires the Member States party to the Regulation to give succession authentic instruments the evidentiary effects they would enjoy in their Member State of origin. The only limits on this obligation being public policy or the irreconcilability of the authentic instrument with a court decision, court settlement or another authentic instrument. This report, which was commissioned by the University of Aberdeen in the framework of a request of the Committee on Legal Affairs, provides an information resource for legal practitioners concerning the evidentiary effects of succession authentic instruments in Belgium.