EU Topic - Authentic Instruments

Simplifying the movement of authentic instruments in Europe

In Europe, the authority attributed to notaries to confer authenticity on the entire contents of a legal instrument allows a particularly effective and secure legal instrument to be created. Authentic instruments enable non-contentious and preventive dispute resolution.

It affords the best certainty and protection for citizens in legal instruments in their private lives and for businesses in legal instruments relating to their activities. It is thus an instrument of legal certainty that is essential for family, patrimonial and business affairs. The authentic instrument is negotiated and drafted by a notary, who is responsible for this legal instrument, with a view to ensuring the balanced interest of the parties involved and in complete conformity with the law.

Moreover, the authentic instrument is a modern instrument within the European area of justice, freedom, and security. It reconciles freedom (the basis of economic efficiency), security (an essential component of social harmony) and preventive justice (catering for consumers' needs and for the requirements of contractual relations).

This is why the CNUE is committed to authentic instruments issued in one Member State having the same enforceability and probative value in all EU countries, namely that which is attached to instruments of official authority issued under the State's seal. To this end, the CNUE has submitted several proposals to the EU institutions in order to facilitate the movement of authentic instruments within the European Union.

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