22 January 2025
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Authentic instruments

On 31 May 2018, the European Commission published a proposal for revision of the Regulation on the service of judicial and extrajudicial documents in civil or commercial matters with a view to bringing the applicable rules into the digital age. The proposal enshrines the principle of transmission of documents by a decentralised IT system. The CNUE studied the potential impact of this proposal concerning in particular the introduction of enforceable electronic copies of documents (authentic instruments and court decisions) and the notariat’s role in supplying data for and managing the proposed decentralised system.
On the same date, the European Commission published a draft revision of the proposal on the taking of evidence in civil and commercial matters. In some Member States, notaries are competent to obtain evidence in certain proceedings in the same way as courts. That is why the CNUE is working to ensure that the final text includes notaries with this competence.

Finally, the CNUE is preparing for the application on 16 February 2019 of the Regulation on the movement of public documents in collaboration with the various national ministries responsible.
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