Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of Derham on the Law of Set Off

Derham on the Law of Set Off

Price: £350.00

Lord Denning: Life, Law and Legacy



  


Welcome to Wildys

Watch


NEW EDITION
The Law of Rights of Light 2nd ed



 Jonathan Karas


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


The Private International Law of Authentic Instruments


ISBN13: 9781509907632
Published: November 2020
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £100.00
Paperback edition , ISBN13 9781509945627



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

Also available as

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.

Subjects:
Conflict of Laws
Contents:
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 I. DOMESTIC LAWS
1. 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 Enforcement
2. 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 between Founding Member States of the EEC
XIII. Conclusion
PART II. EUROPEAN PRIVATE INTERNATIONAL LAW REGULATIONS
4. Authentic Instruments in the Brussels I Family
I. Introduction
II. The Legal Requirements for a Cross-Border Notarial Authentic Instrument that is to Circulate via a Member of the Brussels I Family of Conventions and Regulations
III. Brussels I Family Eligibility Criteria Required for an Authentic Instrument to be Capable of Cross-Border Circulation in the EU or EFTA States
5. European Enforcement Order Regulation
I. Introduction
II. The Legal Requirements for the Circulation of an Authentic Instrument via the EEO Regulation
III. What Role for the Enforcement Authorities and Courts in the Enforcement Venue?
IV. Procedural Disadvantage of the Debtor and Issues Related to the Regulation's Lack of Public Policy Control
V. Conclusion
6. The Maintenance Regulation
I. Introduction
II. Differences in National Perspectives on What is Meant by 'Maintenance'
III. Drafting the EC's Maintenance Regulation
IV. The Maintenance Regulation and Authentic Instruments
V. The Maintenance Regulation and Notarial Authentic Instruments, Similarities and Differences with the Regulations Considered so Far
VI. Authentic Instruments in the Drafting of the EC Maintenance Regulation
VII. Reaching the Final Text of the Regulation Concerning Authentic Instruments
VIII. Article 48 Court Settlements and Authentic Instruments
IX. What does Article 48(1) and the Maintenance Regulation Mean by the 'Recognition' of Authentic Instruments?
X. Article 48(2), What is Meant by 'As Necessary'?
XI. Operation of the Regulation: General Requirements
XII. Application of the Maintenance Regulation in the Context of Authentic Instruments
XIII. Conclusion
7. The Brussels IIa Regulation
I. Introduction
II. The Limited but Developing Role of Authentic Instruments and Approved Settlements in the Brussels II Convention and Subsequent Brussels II Regulations
III. The Brussels IIa Regulation
IV. Proceeding to Cross-Border Recognition and/or Enforcement in the Context of Authentic Instruments via the Recast Regulation
V. Conclusion
8. Succession Regulation, Matrimonial Property Regulation, and Registered Partnership Property Regulation
I. Introduction
II. Authentic Instruments in the Succession Regulation
III. Matrimonial Property and Registered Property Regulations

Series: Studies in Private International Law

Cambodian Private International Law ISBN 9781509954049
To be published August 2025
Hart Publishing
£150.00
£126.00
(ePub)
Buy
£140.00
A Guide to Global Private International Law ISBN 9781509957873
Published November 2023
Hart Publishing
£49.99
Private International Law and Competition Litigation in a Global Context ISBN 9781509918669
Published September 2023
Hart Publishing
£95.00
Private International Law and Competition Litigation in a Global Context (eBook) ISBN 9781509918676
Published September 2023
Hart Publishing
£85.50
(ePub)
Buy
The Application of Foreign Law in the British and German Courts ISBN 9781509959587
Published December 2022
Hart Publishing
£85.00
£37.79
(ePub)
Buy
The Private International Law of Authentic Instruments ISBN 9781509945627
Published July 2022
Hart Publishing
£49.99
Economic Sanctions in EU Private International Law ISBN 9781509953578
Published July 2021
Hart Publishing
£43.99
The Private International Law of Authentic Instruments (eBook) ISBN 9781509907649
Published November 2020
Hart Publishing
£44.99
(ePub)
Buy
£180.00
(ePub)
Buy
Planning the Future of Cross Border Families: A Path Through Coordination ISBN 9781509919864
Published October 2020
Hart Publishing
£200.00
Private International Law in Nigeria (eBook) ISBN 9781509911141
Published June 2020
Hart Publishing
£53.99
(ePub)
Buy
Private International Law in Nigeria ISBN 9781509911134
Published June 2020
Hart Publishing
£130.00
Place of Performance: A Comparative Analysis ISBN 9781509936205
Published May 2020
Hart Publishing
£100.00
Place of Performance: A Comparative Analysis (eBook) ISBN 9781509936212
Published May 2020
Hart Publishing
£38.69
(ePub)
Buy
Clawback Law in the Context of Succession ISBN 9781509932320
Published May 2020
Hart Publishing
£95.00
Clawback Law in the Context of Succession (eBook) ISBN 9781509932337
Published May 2020
Hart Publishing
£85.50
(ePub)
Buy
£44.99
£40.49
(ePub)
Buy
Economic Sanctions in EU Private International Law (eBook) ISBN 9781509933525
Published January 2020
Hart Publishing
£39.59
(ePub)
Buy
Economic Sanctions in EU Private International Law ISBN 9781509933518
Published January 2020
Hart Publishing
£95.00
Recognition and Enforcement of Judgments in Civil and Commercial Matters
Edited by: Anselmo Reyes
ISBN 9781509924257
Published September 2019
Hart Publishing
£150.00
Recognition and Enforcement of Judgments in Civil and Commercial Matters (eBook)
Edited by: Anselmo Reyes
ISBN 9781509924271
Published September 2019
Hart Publishing
£135.00
(ePub)
Buy
Commercial Issues in Private International Law ISBN 9781509922871
Published June 2019
Hart Publishing
£130.00
The Choice of Law Contract ISBN 9781509926800
Published January 2019
Hart Publishing
£34.99
Forum (Non) Conveniens in England: Past, Present, and Future (eBook) ISBN 9781509925780
Published December 2018
Hart Publishing
£25.19
(ePub)
Buy
Forum (Non) Conveniens in England: Past, Present, and Future ISBN 9781782256403
Published December 2018
Hart Publishing
£70.00
Electronic Consumer Contracts in the Conflict of Laws 2nd ed ISBN 9781509920105
Published January 2018
Hart Publishing
£41.99
Cross-Border Litigation in Europe (eBook) ISBN 9781782256779
Published November 2017
Hart Publishing
£58.49
(ePub)
Buy
Cross-Border Litigation in Europe ISBN 9781782256762
Published November 2017
Hart Publishing
£130.00
The Nature and Enforcement of Choice of Court Agreements: A Comparative Study ISBN 9781509914494
Published October 2017
Special offer (limited stock)
£100.00
Maintenance And Child Support in Private International Law ISBN 9781509915507
Published June 2017
Hart Publishing
£37.99
£29.99
The Choice of Law Contract ISBN 9781849467643
Published September 2016
Hart Publishing
£90.00
The Choice of Law Contract (eBook) ISBN 9781509901029
Published September 2016
Hart Publishing
£31.49
(ePub)
Buy
Recovery of Maintenance in the EU and Worldwide
Edited by: Paul Beaumont
ISBN 9781509909285
Published August 2016
Hart Publishing
£54.99
Electronic Consumer Contracts in the Conflict of Laws 2nd ed ISBN 9781849466912
Published October 2015
Hart Publishing
£95.00
Electronic Consumer Contracts in the Conflict of Laws 2nd ed (eBook) ISBN 9781782259305
Published October 2015
Hart Publishing
£37.79
(ePub)
Buy
Maintenance And Child Support in Private International Law ISBN 9781849467179
Published March 2015
Hart Publishing
£95.00
Maintenance And Child Support in Private International Law (eBook) ISBN 9781509903566
Published March 2015
Hart Publishing
£34.19
(ePub)
Buy
£85.00
£26.99
(ePub)
Buy
Recovery of Maintenance in the EU and Worldwide
Edited by: Paul Beaumont
ISBN 9781849465731
Published July 2014
Hart Publishing
£140.00
Recovery of Maintenance in the EU and Worldwide (eBook)
Edited by: Paul Beaumont
ISBN 9781782254690
Published July 2014
Hart Publishing
£49.49
(ePub)
Buy
The Hague Child Abduction Convention: A Critical Analysis ISBN 9781849460170
Published November 2013
Hart Publishing
£120.00
The Hague Child Abduction Convention: A Critical Analysis (eBook) ISBN 9781782253099
Published November 2013
Hart Publishing
£108.00
(ePub)
Buy
Child Abduction within the European Union ISBN 9781849463973
Published March 2013
Hart Publishing
£95.00
Child Abduction within the European Union (eBook) ISBN 9781782250838
Published March 2013
Hart Publishing
£85.50
(ePub)
Buy
Intellectual Property and Private International Law: Comparative Perspectives
Edited by: Toshiyuki Kono
ISBN 9781849462310
Published June 2012
Hart Publishing
£300.00
Intellectual Property and Private International Law: Comparative Perspectives (eBook)
Edited by: Toshiyuki Kono
ISBN 9781847319708
Published June 2012
Hart Publishing
£270.00
(ePub)
Buy
The Governing Law of Companies in EU Law ISBN 9781849462969
Published April 2012
Hart Publishing
£95.00
The Governing Law of Companies in EU Law (eBook) ISBN 9781847319272
Published April 2012
Hart Publishing
£85.50
(ePub)
Buy
£162.00
(ePub)
Buy
£180.00
Mediating International Child Abduction Cases: The Hague Convention ISBN 9781849461818
Published October 2011
Hart Publishing
£90.00
Mediating International Child Abduction Cases: The Hague Convention (eBook) ISBN 9781847318657
Published October 2011
Hart Publishing
£81.00
(ePub)
Buy
International Child Abduction: The Inadequacies of the Law ISBN 9781849461566
Published August 2011
Hart Publishing
£95.00
International Child Abduction: The Inadequacies of the Law (eBook) ISBN 9781847318565
Published August 2011
Hart Publishing
£85.50
(ePub)
Buy
Cases and Materials on EU Private International Law (eBook) ISBN 9781847317636
Published April 2011
Hart Publishing
Out of print
Cases and Materials on EU Private International Law ISBN 9781849460279
Published April 2011
Hart Publishing
Out of print
Jurisdiction and Judgments in Relation to EU Competition Law Claims ISBN 9781841136592
Published December 2010
Hart Publishing
£130.00
Foreign Currency Claims in the Conflict of Laws ISBN 9781841138923
Published April 2010
Hart Publishing
£85.00
Electronic Consumer Contracts in the Conflict of Laws ISBN 9781841138473
Published September 2009
Hart Publishing
Out of print
Publication Abandoned