engleski

Authentic Instruments and Court Settlements under the Twin Regulations

Together with court settlements, authentic instruments present an important category of enforceable titles, at least in most of the EU Member State jurisdictions. In order to achieve an efficacious cross-border judicial cooperation, it is necessary to establish a system which facilitates free movement of authentic instruments and court settlements from the Member State of origin to other Member States. In general, the Twin Regulations provide that particular effects of authentic instruments and court settlements, originating from one Member State, may be extended to other Member States. This paper attepmpts to clarify the basic notions, including ‘authentic instrument’, ‘court settlement’, ‘authenticity’, and mechanisms, being the ‘acceptance’ and the ‘declaration of enforceability’. It further contains comments on the number of unified procedural rules which are applicable in the proceedings relating to extension of effects.

EU law, conflict of laws, private international law, family law, family property, authentic instruments, court settlements

The paper is translated to five other languages: Croatian, Italian, Lithuanian, Slovenian and Spanish. See Croatian: https://www.bib.irb.hr/1176293