Chapter 17: AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS
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The present chapter deals with the acceptance and the enforceability of authentic instruments and with the enforceability of court settlements. It mainly analyses Articles 59, 60, and 61 of Regulation (EU) No 650/2012, also in light of pertinent Recitals. Moreover, definitions provided for in Article 3(1)(h) and (i) of the Regulation are considered. Besides the current wording of the provisions, as they appear in the final version of the Regulation, attention is paid also to how said provisions have changed in the course of the legislative procedure that led to the adoption of the Regulation, in particular Article 59. If the provisions concerning the enforceability of authentic instruments and of court settlements cannot be said to be particularly innovative, if compared to the solutions adopted by previous EU-law instruments regulating private-international-law matters, the same is not true of provisions on the acceptance of authentic instruments. The latter are highly innovative, if compared with previous EU-law instruments on private-international-law issues, since they introduce rules on the circulation within Member States of evidentiary effects of authentic instruments.

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