International and Private International Law Aspects
The cross-border toolkit
Master: the determination of applicable law (Rome I for contracts, Rome II for torts, the Succession Regulation for estates, the Matrimonial Property Regulation for spouses), the rules on jurisdiction (Brussels I bis), the recognition of foreign deeds, and the apostille and legalisation regime. Know the notary's duty to verify foreign law and the limits of the notary's competence for foreign immovables.
Traps
- Habitual residence: the Succession Regulation uses habitual residence, not nationality; questions swap them.
- Professio juris: a choice of law is permitted within limits; not unlimited.
- Foreign immovables: the notary's competence is limited; a deed over foreign land may require a local notary.
- Apostille vs legalisation: apostille applies between Hague Convention states; legalisation elsewhere.
- Recognition: a foreign deed is not automatically enforceable; check the regime.
Rule of thumb
For any cross-border file, ask: which court (jurisdiction), which law (applicable law), which formality (apostille or legalisation), and which recognition route. Answering all four prevents most errors.
Worked example: A Belgian resident dies owning a French house. The Succession Regulation points to habitual residence for the succession as a whole, but the French authorities apply the lex rei sitae for the immovable's registration. The notary must coordinate with a French colleague.