Legalization (international law)

Under legalization ( word origin: latin - neulateinisch ) is defined as a formal process in which the diplomatic or consular representation of a State in which a foreign public document to be used as evidence, the authenticity of the signature, the capacity in which the signatory has acted and, where appropriate, confirmed the authenticity of the beige expressed seal ( cf. the definition in Article 2 of the Hague Convention for the Liberation of foreign documents of the legalization of 5 October 1961 (Federal Law Gazette 1965 II p 875 ) Apostille and for the reverse case - the use of a foreign certificate in Germany - in § 13 para 2 of the Consular Law ). By legalization is to be achieved, that a foreign public document of a domestic public document is equated in terms of their probative value.

The legalization is carried out by a passing certificate to the certificate. The note is the name and official or service name of the person signing the instrument include ( § 13 para 2 of the Consular Law ). At the request, provided there is no doubt about the law, are also confirmed in the opinion that the issuer was responsible for receiving the certificate and that the certificate has been added to the form corresponding to the laws of the exhibition site ( legalization in the broader sense; cf. the legalization of foreign documents: § 13 paragraph 4 of the Consular Law ).

The competent to legalization agencies are not always able to implement those changes themselves. Rather, they require initially often an attestation of the authenticity of the certificate by an authority of the State from which the document. As far as German documents to be used abroad is for the first foreign representation, the Foreign Office with which they operate as a public authority regularly diplomatic or consular, contact. The Foreign Office has the responsibility for certifications but for the purpose of legalization to the Federal Office of Administration. As far as it concerns documents of the administrative or judicial authorities of a province, the Federal Administrative Office applies for interim certification to the competent national authority, because the Federal Office of Administration the responsibilities and competencies of the individual national administrations are not always known. This intermediate certification in most states by the President of the District Court in the district where the certificate was issued, made ​​(see, eg, § 19 of the judiciary act of Saxony ). Most of the foreign mission already this interim certification is sufficient. If not, the Federal Office of Administration makes forwarding to the foreign representative or a Endbeglaubigung ago.

This process is formalized on the basis of contractual agreement ( see § 13 para 5 of the Consular Law ) replaced between many states by the much simpler Apostilleverfahren.