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Zusatztext Overall, the study makes for a stunning and comprehensive panorama. With this book Fitchen has become the undisputed No 1 expert amongst academic writers in all Member States as regards authentic instruments. Informationen zum Autor Jonathan Fitchen was Professor of Law at the University of Aberdeen, UK. Vorwort This helpful book will equip the UK lawyer with the information necessary to understand what an authentic instrument is and how it can be used in the course of legal proceedings. Zusammenfassung This helpful book will equip the lawyer – whether notary, barrister or solicitor – with the legal information necessary to understand what an authentic instrument is (and what it is not), what it can (and what it cannot) be used to do in the course of contentious or noncontentions legal proceedings. The book takes a two part approach. Part one focuses on an explanation of the nature of the foreign legal concept of an authentic instrument, setting out the modes of creation, typical domestic evidentiary effects and the typical domestic options to challenge such authentic instruments. Part two then examines and analyses authentic instruments under specific European Union private international law regulations, focusing on the different cross-border legal effects allowed and procedures that apply to each such. Rigorous, authoritative and comprehensive, this will be an invaluable tool to all practitioners in the field. Inhaltsverzeichnis Introduction I. Matters Included II. Matters Excluded III. Consequences of a Lack of an EU Competence to Harmonise the Authentic Instrument or Notarial Practice at the Domestic Level IV. The European Rather than Global Focus of this Book V. The French and German Legal Systems as Representative Exemplars of the Domestic Functions and Possibilities of Notarial Authentic Instruments VI. Brexit VII. Order of Treatment PART IDOMESTIC LAWS1. The Authentic Instrument as a Legal Institution of the Civil Law I. The Authentic Instrument in Abstract II. Notaries of the Civil Law and their Notarial Authentic Instruments Considered in Abstract III. An Outline of the Steps Usually Taken by a Notary to Draw-Up an Authentic Instrument IV. An Evidentiary Point: What is and is not Proven by the Authentic Instrument? V. Notarial Evidential Determinations in an Authentic Instrument May Allow Immediate Enforcement2. The Authentic Instrument in the Domestic Laws of France and Germany I. Early Origins of Notaries and their Notarial Instruments II. The Development of Domestic Notarial Authentic Instruments 3. The Cross-Border Legal Effect of Authentic Instruments I. Introduction II. An Authentic Instrument Employed Outwith the State of its Creation III. Distinguishing between Contentious Judgments and Non-Contentious Notarial Authentic Instruments IV. A Preliminary Aside Concerning Judgments: Can the Contents of the Authentic Instrument be Converted to a Judgment in the Place of Drawing-Up and then be Exported as a Judgment? V. Producing Private International Law Effects via Foreign Notarial Authentic Instruments: Legalisation VI. Regulation 2016/1191 Promoting the Free Movement of Citizens by Simplifying the Requirements for Presenting Certain Public Documents in the European Union and Amending Regulation (EU) No 1024/2012 VII. Producing Private International Law Effects via Foreign Notarial Authentic Instruments: Legalisation VIII. The Circulation of the Legal Effects of Notarial Authentic Instruments via Domestic Civil Procedure Law IX. The ‘Reception’ of Foreign Authentic Instruments ‘As Such’ by the French and German Legal Systems X. Allowing Domestic Effect Concerning the Probative Force of a Foreign Authentic Instrument XI. Allowing Domestic Effect Concerning the Executory Force of a Foreign Authentic Instrument XII. The Circulation of the Legal Effects of Notarial Authentic Instruments via Bilateral Conventions betwee...
