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Recognition and enforcement of authentic instruments and court settlements in Italy and Europe.

How to implement the authentic instruments and court settlements in EU Member States.

Recognition and enforcement of authentic instruments and court settlements in Italy and Europe.

 

 

 

 

 

 

 

 

According to Council Regulation (EC) No 44/2001, a document which has been formally drawn up or registered as an authentic instrument and is enforceable in one Member State, shall be declared enforceable in another Member State. Arrangements relating to maintenance obligations concluded with administrative authorities or authenticated by them shall also be regarded as authentic instruments.

The court with which an appeal is lodged shall refuse or revoke a declaration of enforceability only if enforcement of the instrument is manifestly contrary to public policy in the Member State addressed. The instrument produced must satisfy the conditions necessary to establish its authenticity in the Member State of origin. 

The competent authority of a Member State where an authentic instrument was drawn up or registered, shall issue a special certificate at the request of any interested party. 

A settlement which has been approved by a court in the course of proceedings and is enforceable in the Member State in which it was concluded, shall be enforceable in the State addressed under the same conditions as authentic instruments. The court or competent authority of a Member State where a court settlement was approved shall issue a special certificate, at the request of any interested party.

Please see also:

Recognition of divorces and legal separations in Italy

Divorce in Italy

Family lawyers in Italy

International Child Abduction in Italy

The recognition of foreign criminal judgments in Italy

English speaking lawyers in Italy

Italian lawyers for U.S. citizens in Italy

Italian lawyers for Canadian citizens in Italy

Italian lawyers for Australians in Italy

For more information, please contact Lawyers in Rome

Published on 20 January 2014

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