4 Amendments of Jean-Paul GAUZÈS related to 2008/2124(INI)
Amendment 2 #
Motion for a resolution
Recital J
Recital J
Amendment 3 #
Motion for a resolution
Recital G
Recital G
G. whereas businesses have more and more brancheestablishments abroad and intra- Community activities that result in the greater movement of authentic acts relating to the setting up and operation of these businesses,
Amendment 5 #
Motion for a resolution
Recital N
Recital N
N. whereas differences in the structure and organisation of public registry systems in the field of property ownership, as well as differences concerning the nature and scale of the public confidence placed in them, mean that the field oftransfer of immovable property lawrights has to be excluded from a future Community instrument, given the close correlation between the method of drawing up an authentic act and entry into the public register,
Amendment 6 #
Motion for a resolution
Recital P
Recital P
P. whereas the institution of the authentic act does not exist in common-law systems, in particular the law of England and Wales, or in Nordic countries; whereas although in England and Wales there exist solicitors who act as notaries public and the profession of scrivener notaries, those lawyers cannot produce authentic acts, but merely certify signatures, and accordingly, in adopting any legislation on European authentic acts, action should be taken to ensure that no confusion can arise in this respect; whereas, in turn, every precaution should be taken to ensure that authentic acts cannot be used in countries where such acts cannot be made by nationals of those countries in order to circumvent procedures prescribed by the those countries' legal systems (e.g. grant of probate); whereas, in addition, in order to raise awareness among legal professionals in those Member States where authentic acts do not exist, a suitable information campaign should be initiated by the Commission and every effort should be made to ensure that common-law legal professionals are aware of the work done by civil-law notariepublic officials and of the potential advantages for their clients – in terms of, in particular, legal certainty – of using authentic acts in transactions which they are proposing to conclude in those countries where that instrument is used; whereas this underscores a need often expressed by Parliament's Committee on Legal Affairs for trans-European networks of legal practitioners, information campaigns and material and common training, which the Commission is called upon to promote,