Manager:
The authority of enforcement specified by the State (Article 45)
Issue of the right form for the enforcement of an authentic instrument
Purpose:
Have the right form issued by the authority which drew up the instrument.
- Use Form II
The authentic instrument: Article 3 (i)
The “Successions” Regulation reprises the definition of an authentic instrument already included in Regulation EC n°805/2004 of 21 April 2004 creating a European Enforcement Order for uncontested claims (Article 4, §3)
According to Article 3(i), “authentic instrument means a document in a matter of succession which has been formally drawn up or registered as an authentic instrument in a Member State and the authenticity of which relates to the signature and the content of the authentic instrument; and has been established by a public authority or other authority empowered for that purpose by the Member State of origin. “