AAE-Etude-Acte-authentique-final-25-11-2008-EN

Comparative Study on Authentic Instruments National Provisions of Private Law, Circulation, Mutual Recognition and Enforcement, Possible Legislative Initiative by the European Union England, France, Germany, Poland, Romania, Sweden Study for the European Parliament No IP/C/JURI/IC/2008-019 by CNUE (Council of the Notariats of the European Union) (Conseil des Notariats de l'Union Européenne) Avenue de Cortenbergh, 52 B - 1000 BRUXELLES T: +32 2 513 95 29 F: +32 2 513 93 82 info@cnue.be www.cnue.eu EP-Study - No. IP/C/JURI/IC/2008-019 - iii - Executive Summary EXECUTIVE SUMMARY 1. Introductory remark 1.1. Aim of the study The aim of this study is to provide an in-depth and objective comparative analysis of the national provisions of private law and private international law in the field of authentic instruments (or authentic acts) with special focus on their mutual recognition and enforcement within selected EU Member States in order to evaluate if a legislative initiative of the EU in this field is worthwhile or necessary. 1.2. Geographic scope of the study This study examines authentic instruments in six EU Member States, chosen as examples of different legal systems coexisting within the EU, namely: - England (as an example of the common law legal system); - Franceple of the civil law or roman legal system, subtype of Code Napoleon); - Germany (as an example ...