Exequatur

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An exequatur signed by USA President Franklin D. Roosevelt for French Consul Charles de Ferry de Fontnouvelle in 1938 FrenchConsulExequatur1938.jpg
An exequatur signed by USA President Franklin D. Roosevelt for French Consul Charles de Ferry de Fontnouvelle in 1938

An exequatur is a legal document issued by a sovereign authority that permits the exercise or enforcement of a right within the jurisdiction of the authority. The word is a form of the Latin verb "exequi", which denotes "let it be executed".

Jurisdiction is the practical authority granted to a legal body to administer justice within a defined field of responsibility, e.g., Michigan tax law. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels; e.g. the court has jurisdiction to apply federal law.

Latin Indo-European language of the Italic family

Latin is a classical language belonging to the Italic branch of the Indo-European languages. The Latin alphabet is derived from the Etruscan and Greek alphabets and ultimately from the Phoenician alphabet.

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International relations

An exequatur is a patent which a head of state issues to a foreign consul, guaranteeing the consul's rights and privileges of office and ensuring recognition in the state to which the consul is appointed to exercise such powers. If a consul is not appointed by commission, the consul receives no exequatur; the government will usually provide some other means to recognize the consul. The exequatur may be withdrawn, but in practice, where a consul is obnoxious, an opportunity is afforded to his government to recall him.

Letters patent type of legal instrument in the form of a published written order

Letters patent are a type of legal instrument in the form of a published written order issued by a monarch, president, or other head of state, generally granting an office, right, monopoly, title, or status to a person or corporation. Letters patent can be used for the creation of corporations or government offices, or for the granting of city status or a coat of arms. Letters patent are issued for the appointment of representatives of the Crown, such as governors and governors-general of Commonwealth realms, as well as appointing a Royal Commission. In the United Kingdom they are also issued for the creation of peers of the realm. A particular form of letters patent has evolved into the modern patent granting exclusive rights in an invention. In this case it is essential that the written grant should be in the form of a public document so other inventors can consult it to avoid infringement and also to understand how to "practice" the invention, i.e., put it into practical use. In the Holy Roman Empire, Austrian Empire and Austria-Hungary, imperial patent was also the highest form of generally binding legal regulations, e. g. Patent of Toleration, Serfdom Patent etc.

A head of state is the public persona who officially represents the national unity and legitimacy of a sovereign state. Depending on the country's form of government and separation of powers, the head of state may be a ceremonial figurehead or concurrently the head of government. In a parliamentary system the head of state is the de jure leader of the nation, and there is a separate de facto leader, often with the title of prime minister. In contrast, a semi-presidential system has both heads of state and government as the leaders de facto of the nation.

Consul (representative) diplomatic rank

A consul is an official representative of the government of one state in the territory of another, normally acting to assist and protect the citizens of the consul's own country, and to facilitate trade and friendship between the people of the two countries.

Catholic Canon law

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An exequatur is a legal instrument issued by secular authorities in Roman Catholic nations to guarantee the legal force of Papal doctrines within the jurisdiction of the secular authority. This custom began during the Western Schism, when the legitimately elected Supreme Pontiff permitted secular leaders to verify the authenticity of Papal decrees before enforcing them.

Western Schism split within the Catholic Church from 1378 to 1417

The Western Schism, also called Papal Schism, Great Occidental Schism and Schism of 1378, was a split within the Catholic Church lasting from 1378 to 1417 in which two, by 1410 three, men simultaneously claimed to be the true pope, each excommunicated one another. Driven by politics rather than any theological disagreement, the schism was ended by the Council of Constance (1414–1418). For a time these rival claims to the papal throne damaged the reputation of the office.

Some dissidents in the Church claim, however, that the custom arose as an implication of the nature of secular authority over the Church and that such a state privilege to verify Papal doctrine was exercised since the early days of the Church. However, Church doctrine denies that any permission from secular authority is necessary for Papal decrees to be legally effective, even though secular authorities sometimes do not enforce them. [1]

Other uses

In Brazilian, French, Luxembourg, Italian, Mexican, and Spanish law, an exequatur is a judgment of a tribunal (in the case of Italy, the Court of Appeal) that a decision issued by a foreign tribunal is to be executed in the jurisdiction of the former, thereby granting authority to the decision of the foreign tribunal as if it issued from the native tribunal.

In Puerto Rico, an exequatur is a document that validates a court order of a United States civil court as if a court of the Commonwealth of Puerto Rico issued it. [2]

Puerto Rico Unincorporated territory of the United States

Puerto Rico, officially the Commonwealth of Puerto Rico and briefly called Porto Rico, is an unincorporated territory of the United States located in the northeast Caribbean Sea, approximately 1,000 miles (1,600 km) southeast of Miami, Florida.

A court order is an official proclamation by a judge that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case. A court order must be signed by a judge; some jurisdictions may also require it to be notarized.

United States Federal republic in North America

The United States of America (USA), commonly known as the United States or America, is a country comprising 50 states, a federal district, five major self-governing territories, and various possessions. At 3.8 million square miles, the United States is the world's third or fourth largest country by total area and is slightly smaller than the entire continent of Europe's 3.9 million square miles. With a population of over 327 million people, the U.S. is the third most populous country. The capital is Washington, D.C., and the most populous city is New York City. Forty-eight states and the capital's federal district are contiguous in North America between Canada and Mexico. The State of Alaska is in the northwest corner of North America, bordered by Canada to the east and across the Bering Strait from Russia to the west. The State of Hawaii is an archipelago in the mid-Pacific Ocean. The U.S. territories are scattered about the Pacific Ocean and the Caribbean Sea, stretching across nine official time zones. The extremely diverse geography, climate, and wildlife of the United States make it one of the world's 17 megadiverse countries.

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References

  1. "Exequatur". Catholic Encyclopedia . Retrieved 2007-02-18.
  2. Madre boricua clama por ayuda para recuperar a su hijo: El padre del menor amenaza con que no devolverá el pequeño que se encuentra en Nuevo México. Diferentes entidades gubernamentales se pasan mutuamente la responsabilidad. Jessica Ríos Viner. El Nuevo Dia. 8 August 2014. Retrieved 8 August 2014.

Wikisource-logo.svg This article incorporates text from a publication now in the public domain : Chisholm, Hugh, ed. (1911). "Exequatur"  . Encyclopædia Britannica . 10 (11th ed.). Cambridge University Press. p. 65.