Local view for "http://purl.org/linkedpolitics/eu/plenary/2008-12-18-Speech-4-053"

Predicate	Value (sorted: default)
rdf:type	lpv_eu:Speech2
dcterms:Date	"2008-12-18"^^xsd:date2
dcterms:Is Part Of	lp_eu:European Authentic Act - E-Justice - Cross-border implications of the legal protection of adults (debate)2
dcterms:Language	"es"^^xsd:language2
lpv:document identification number	"en.20081218.3.4-053"2
lpv:hasSubsequent	lp_eu:2008-12-18-Speech-4-0542
lpv:speaker	lp:Manuel Medina Ortega2
lpv:spokenAs	unknown; Partido Socialista Obrero Español (2004-07-20--2009-07-13)3 substitute; Delegation for relations with Canada (2007-03-14--2009-07-13)3 substitute; IMCO (2007-01-31--2009-07-13)3 member; PES (2004-07-20--2009-07-13)3 substitute; Delegation to the Euro-Latin American Parliamentary Assembly (2007-05-23--2009-07-13)3 member; JURI (2007-01-31--2009-07-13)3 member; Delegation for relations with the countries of the Andean Community (2007-03-14--2009-07-13)3
lpv:translated text	"Although this Parliament is not very generous with time, because of its very nature, nevertheless in the period of almost an hour that we have devoted to the subject of justice we have had an opportunity to discuss some of the outstanding issues to some extent. Specifically on the subject of the authentic act, I think one point needs to be clarified. An authentic act is one thing, and a private document is another, even if it involves a notary public. A private document involving a notary public may be recognised as expressing the will of the parties. There are legal systems in which the notary public is limited to certifying that the will of the parties is expressed. This is universally recognised under the principle of the autonomy of the will and recognition of its existence. What we are talking about here is a completely different instrument. We are talking about a public document, a document involving the intervention of an official – usually a notary in most countries with continental law – who is invested with public power. This raises the act to a level very similar to that of a judgment. There is no discrimination here on the basis of country right now. If we were to adopt rules on the European authentic act, any European country could have this document and could gain this recognition, but for that to be so it would be necessary for it to be given the same recognition in the legal system in question that it has in the others. In other words, the third element required for the recognition of the authentic act is that it cannot produce different effects outside that country from those it produces within the different country. Specifically, then, an English notarial document is recognised on the continent, but to the same extent that it is recognised under English law. It cannot be recognised beyond that. An English legal document cannot be recognised in France as if it were a French public document, for instance, because it does not have the same characteristics. It is an entirely different kind of document. There is, therefore, no discrimination in this. This is an attempt to establish a common system for the whole of the European Union, and I think it is possible that some countries that do not have it will adopt this kind of document. To that end, the adoption of a single European act would be an important instrument."@en1
lpv:videoURI	<go to Events_and_structure europarl>2

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