Decree nº 2023-25 dated 23 January 2023 designates competent authorities regarding several matters in international law. This post outlines the main principles that govern this collection of loosely related items.
Article 509-1, Part I of the French civil procedure code deals with French decisions, agreements, and certain instruments that are to be recognised or enforced aboard. An instrument that certifies rights or powers1, such as certificates issued according to the Article 38 of The Hague convention on the protection of adults or EU succession certificates (EU Regulation 650/2012)2 can be issued by the Head of the court office of court of first instance (tribunal judiciaire).
Article 509-1, Part II mainly deals with orders and states i.a. that the judge of the court who has issued a European enforcement order regarding an undisputed claim (EU Regulation 805/2004) or capacity3 (EU Regulation 606/2013) can issue a certificate regarding the recognition or the enforcement of these orders.
Article 509-1, Part III provides that agreements according to Article 66 of the EU regulation no 2019/1111 regarding matrimonial matters, parental responsibility and child abduction are certified by the Head of the court of first instance.
Article 509-2 deals with foreign decisions and instruments and follows the same logic as the previous article. Certificates are issued by the head of the court office whilst those related to orders are issued by the Head of the court of first instance.
Article 509-3, part I states that foreign notarial deeds are certified by the Head of the local professional organisation that governs notaries (chambre des notaires). Notaries are professional who have monopoly over any operation that has to be registered in the land register and issue notarial deeds Article 509-3 part II states that the French notary who holds the original of a deed can certify it for international use.
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See posts in the Estate management category. ↩
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See posts in the EU Succession Regulation 650/2012 category. ↩
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See posts in the Incapacity category. ↩