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HomeThe evidentiary effects of authentic acts in the Member States of the European Union, in the context of successions
The evidentiary effects of authentic acts in the Member States of the European Union, in the context of successions
Publication metadata
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 study, which was commissioned by the Policy Department for Citizen's Rights and Constitutional Affairs of the European Parliament upon request of the Committee on Legal Affairs, provides an information resource for legal practitioners concerning the evidentiary effects of succession authentic instruments in the 25 Member States bound by the Succession Regulation. It also makes recommendations for best practice.
- Published:
- Corporate author(s): Directorate-General for Internal Policies of the Union (European Parliament) , University of Aberdeen
- Personal author(s): Holliday, Jayne ; Beaumont, Paul ; Fitchen, Jonathan
- Themes: Law and justice
- Subject: application of EU law , approximation of laws , civil procedure , EU Member State , inheritance , judicial cooperation in civil matters in the EU , law of succession , private international law , regulation (EU)
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| ISSN | ISBN 978-92-823-9008-5 | DOI 10.2861/55921 | Catalogue number QA-01-16-284-EN-N |
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| ISSN | ISBN 978-92-823-9007-8 | DOI 10.2861/20422 | Catalogue number QA-01-16-284-EN-C |
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