Apostille Convention
- Accession countries (members of the HCCH )
- Accession countries (not members of the HCCH )
The Apostille ( word origin Greek neulateinisch ) is an attestation form in the International Certificate traffic. It is used in legal relations between those States which are members of the multilateral Hague Convention No. 12 are for the Liberation of public documents from the diplomatic authentication or legalization. It confirms the authenticity of the signature, the capacity in which the signatory has acted and, where appropriate, the identity of the seal or stamp which the document bears (Article 3 of the Convention).
Particulars
The Apostille is the Authentication or Legalisation form that was introduced between the Parties or Member States to the Multilateral Agreement No. 12 of the Hague Conference on Private International Law in 1961. The simplification of legal relations that could be achieved with this Convention at the time, now bears significantly to the development of globalization in because it allows international legal action quickly and efficiently.
The Apostille is placed on authentic instruments. Which documents are to be regarded as authentic instruments is concerned, Article 1 of the Convention, each national law of the issuing authority will apply.
The certificate is to be presented by means of a stamp ( Stampiglie ) in the form of a square with a side length of at least nine centimeters. It can be completed in the official language of the issuing authority. The title " Apostille ( Convention de La Haye du 5 octobre 1961) " it necessarily provided in French. Currently, the Hague Conference is building in cooperation with the National Chamber of Notaries of the United States of America a global Internet application, with which led the Administration tab and the apostille can be issued in electronic form. This will allow in the future to verify the correctness of the conclusion of an apostille at any time and at any place in the world.
The certificate shall be issued by the management entities for documents from the scope of management. For notary or judge certified private documents and public documents which are be counted among the case-law, the Apostille in Germany and Austria is made by the courts. In Switzerland, only administrative bodies are active.
The procedure for legalization by Apostille comes gem. Article 8 of the Convention, however, only apply if the otherwise applicable rules would be stricter. Are these provisions, however slight, or grant them a total exemption from legalization, then the Hague Legalization Convention shall not lead to deterioration.
Currently, the number of contract and Member States 105 The accession of a new state requires the deposit of the instrument of accession, the Ministry of Foreign Affairs of the Netherlands. After performing a " recording routine " enters the accession.
Against the Neubeitritt several states other Member States have raised objections. This is done by individual states to protect its own population from adverse consequences. In these cases, the accession of beeinspruchten countries is not only effective in the bilateral relationship with the opponent States. However, in relation to the other Member States of the candidate enters fully into force. Germany has raised objections raised against Azerbaijan, Albania, the Dominican Republic, India, Kyrgyzstan, Liberia, Moldova, Mongolia and Peru. In the bilateral relations between the Federal Republic of Germany and these countries the Apostille therefore does not apply. The Convention for the Federal Republic of Germany is currently just over 91 States in force. In German-speaking countries different provisions apply hereof. This means that German documents may be ( private documents ) that are affected by these restrictions, certified in many cases in Austria and with the Apostille. Due to the complete liberation of the authentication between the Federal Republic of Germany and Austria such certificates are issued in Austria in the Federal Republic of Germany nevertheless full force and effect.
The multilateral agreement was concluded for a period of five years. It is, except, in each case by the duration tacitly extended in the event of termination of 5 years. Archivist is the government of the Netherlands. The membership status currently is constantly growing and already includes many large and important economic areas.
The Convention was drafted in French and English. In case of dispute, the French version shall prevail. A common official German translation was prepared for use in Germany and Austria.