Mandatory use of a form [European Regulation in matters of international successions]

Mandatory use of a form: Article 60.2

This part concerns Article 60^[1]

The authentic instrument must be accompanied by Form II, filled out by the authority that issued the authentic instrument, as provided by Implementing regulation EU n°1329/2014 of 9 December 2014.

This form provides assurance that the circulating instrument is indeed an authentic instrument in its State of origin and describes its evidentiary effect.

Notes

Article 60
Enforceability of authentic instruments
1. An authentic instrument which is enforceable in the Member State of origin shall be declared enforceable in another Member State on the application of any interested party in accordance with the procedure provided for in Articles 45 to 58.
2. For the purposes of point (b) of Article 46(3), the authority which established the authentic instrument shall, on the application of any interested party, issue an attestation using the form established in accordance with the advisory procedure referred to in Article 81(2).
3. The court with which an appeal is lodged under Article 50 or Article 51 shall refuse or revoke a declaration of enforceability only if enforcement of the authentic instrument is manifestly contrary to public policy (ordre public) in the Member State of enforcement.