The apostille – a necessary formality for the validation of official documents abroad Cover Image
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Apostila – formalitate necesară pentru validitatea actelor oficiale în străinătate
The apostille – a necessary formality for the validation of official documents abroad

Author(s): Laura Magdalena Trocan
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: apostille; legalization; validity of public documents abroad.

Summary/Abstract: In international relations the old rule of law acta probant sese ipsa has not the same value as inside of a state because it is considered that an authority of a State who receive a document from another State should be put in an extremely difficult situation in terms of imposing the task of assessing the authenticity of a foreign document to the first sight. So, the use abroad of official documents from a State authorities require the completion of special formalities in order to ensure the originality, the authenticity of signatures/seal and legality of a specific document preparation. If by 1961, the year of concluded of the Hague Convention on Abolishing the Requirement of Legalization for Foreign Public Documents (to which Romania joined by the Government Ordinance no. 66/1999, approved by Law no. 52/2000), there was only legalization procedure, since that date appears apostille procedure (only for the states signatory to the Convention) determined by reason of simplifying the requirements necessary to be fulfilled for the validity of official documents abroad. The aim of the present study is to present the apostille procedure in the light of the provisions of the Hague Convention on Abolishing the Requirement of Legalization for Foreign Public Documents and of the Romanian provisions regarding this issue.

  • Issue Year: 2011
  • Issue No: 01
  • Page Range: 208-220
  • Page Count: 13
  • Language: Romanian