1. In your legal system, does the authentic instrument have enhanced probative value? What are the rules that provide that?
2. Do all authentic instruments have the same enhanced probative value?
3. If answer 2 is “no”, what are the differences and which rules provide for these differences?
4. Enhanced probative value concerns:
The date on which the authentic instrument was drawn up
The place where the authentic instrument was drawn up
The signature by the parties of the authentic instrument
The parties’ declarations
Any observation made by the authority within the limits of its competence
The measures the authority declares to have taken
Appearance, identification and consent of the parties
Yes, it concerns everything mentioned above. Austrian authentic instruments are presumed authentic and establish full proof of what is decreed or declared by official direction in such a document or attested and/or testified by the authority or authenticator.
5. Enhanced probative value can be contested:
Before which authority: The court
According to which procedure (state the applicable rules): §310 Code of Civil Procedure
Within what timeframe: The regular civil procedural timeframe applies.
1. In your legal system, which authorities or delegates of public authority can issue authentic instruments in accordance with Article 3 (1) (i) of Regulation 650/2012?
2. Can you indicate which are the most common authentic instruments in the case of a succession to the estates of deceased persons and which authorities issue them?
- Wills (court, notary)
- Waiver of the succession (court, notary)
- Waiver of a reserved share (notary)
- Inventory (notary as court commissioner)
- Death certificate (municipality)
- Court decision on sharing out of the estate
3. Probative value of certain specific acts, for example the “acte de notoriété” in France and Italy
1. What types of family law instruments exist?
- Matrimonial property agreements
- Certain agreements between spouses (purchase, loans – see §1 Law on notarial acts)
- Certain donations