International Private
Law on Persons and Family Matters
Names
- Convention on the
law applicable to surnames and forenames (Munich, 5 September 1980)
[See
for more details: Dutch Treaty Data Base]
Scope: The harmonisation of the
law relating to surnames and forenames by means of common rules
of private international law.
Parties : Austria, Belgium, Germany,
Greece, Italy, Luxembourg, the Netherlands, Portugal, Spain
(all being EU Member States).
- Convention
concerning changes of surname and given names (Istanbul, 4 September
1958) [See
for more details: Dutch Treaty Data Base]
Scope: The establishment
of rules relating to changes of surnames and given names.
Parties: Turkey (and the following EU Member
States:) Austria, Belgium, France, Germany, Italy, Luxembourg,
the Netherlands, Portugal and Spain.
Marriage and Registered Partnership
Marital Property Law
Scope: Establishing common provisions
concerning the effects of marriage on the rights and duties of spouses
in their personal relationship and with regard to their marital property.
Parties Italy, Portugal and Romania (all being
EU Member States). The following Contracting Parties have denounced
the Convention: Germany, France, the Netherlands, Poland and Sweden.
Dissolution of Marriage (Divorce)
- Convention on the
Recognition of Decisions Relating to the Validity of Marriages (Luxembourg,
8 September 1967) [See
for more details: Dutch Treaty Data Base]
Scope: Facilitation of the recognition,
within the territory of all the Contracting States, of decisions
concerning the matrimonial bond given in any of those States.
Parties: Turkey (and the following EU Member
States:) Austria and the Netherlands. Signed but not yet ratified
by Belgium, France, Germany and Greece (all being EU Member
States). In relations between EU Member States mutually the
Brussels II Regulation 2003 takes precedence over the Luxembourg
Convention of 8 September 1967 on the Recognition of Decisions Relating
to the Validity of Marriages, insofar it concerns matters governed
by the Brussels II Regulation 2003 (Article 60 Brussels II Regulation
2003).
- Convention
of on the Recognition of Divorces and Legal Separations (the Hague,
1 June 1970) [See
for more details: Dutch Treaty Data Base]
Scope: The recognition in one
Contracting State of divorces and legal separations obtained in
another Contracting State which follow judicial or other proceedings
officially recognized in that State and which are legally effective
there. It does not apply to findings of fault or to ancillary orders
pronounced on the making of a decree of divorce or legal separation;
in particular; it does not apply to orders relating to pecuniary
obligations or to the custody of children.
Parties: Australia, China, Egypt, Norway, Switzerland
(and the following EU Member States:) Cyprus, Czech Republic,
Denmark, Estonia, Finland, Italy, Luxembourg, the Netherlands, Poland,
Portugal, Slovakia, Sweden and the United Kingdom. In relations
between EU Member States mutually the Brussels II Regulation 2003
takes precedence over the Hague Convention of 1 June 1970 on the
Recognition of Divorces and Legal Separations, insofar it concerns
matters governed by the Brussels II Regulation 2003 (Article 60
Brussels II Reguation 2003).
Scope: As far as it concerns Chapter
II-A: Harmonisation of conflict-of-law rules in matters of divorce
and legal separation, based in the first place on the choice of the
spouses. The choice is confined to laws with which the spouses have
a close connection by virtue of their last common habitual residence
if one of them still resides there, the nationality of one of the
spouses, the law of the State of their previous habitual residence
or the law of the forum.
Parties: All EU Member States, with the exception
of Denmark, are a party to the Brussels II Regulation 2003, therefore
Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Estonia, Finland,
France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania,
Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia,
Slovenia, Spain, Sweden and the United Kingdom.
Maintenance Obligations (Alimony)
- Convention
on the Law Applicable to Maintenance Obligations (the Hague, 2 October
1973) [See
for more details: Dutch Treaty Data Base]
Scope: This Convention applies
to maintenance obligations arising from a family relationship, parentage,
marriage or affinity, including a maintenance obligation in respect
of a child who is not legitimate. This Convention shall govern only
conflicts of laws in respect of maintenance obligations.
Parties: Japan, Switzerland, Turkey (and the
following EU Member States:) Belgium, Estonia, France, Germany,
Greece, Italy, Lithuania, Luxembourg, the Netherlands, Poland, Portugal
and Spain.
- Convention
on the Recognition and Enforcement of Decisions Relating to Maintenance
Obligations (the Hague, 2 October 1973) [See
for more details: Dutch Treaty Data Base]
Scope: This Convention applies
to a decision rendered by a judicial or administrative authority
in a Contracting State in respect of a maintenance obligation arising
from a family relationship, parentage, marriage or affinity, including
a maintenance obligation towards an infant who is not legitimate,
between (1) a maintenance creditor and a maintenance debtor; or
(2) a maintenance debtor and a public body which claims reimbursement
of benefits given to a maintenance creditor. It also applies to
a settlement made by or before such an authority ('transaction')
in respect of the said obligations and between the same parties
( a 'settlement').
Parties: Australia, Norway, Switzerland, Turkey,
Ukraine (and the following EU Member States:) Belgium,
Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece,
Italy, Lithuania, Luxembourg, the Netherlands, Poland, Portugal,
Slovakia, Spain, Sweden and the United Kingdom.
- Convention on
the Recovery abroad of Maintenance (New York, 20 June 1956)
[See
for more details: Dutch Treaty Data Base]
Scope: The prupose of this Convention
is to facilitate the recovery of maintenance to which a person, who
is in the territory of one of the Contracting Parties, claims to be
entitled from another person, who is subject to the jurisdiciton of
another Contracting Paty. This purpose shall be effected through the
offices of transmitting and receiving agencies.
Parties: Algeria, Argentina, Australia, , Barbados,
Belarus, , Bolivia, Bosnia and Herzegovina, Brazil, Burkina Faso,
Cambodia, Cape Verde, Central African Republic, Chile, China, Colombia,
Croatia, Cuba, Dominican Republic, Ecuador, El Salvador, Guatemala,
Haiti, Holy See, Israel, Macedonia, Mexico, Monaco, Morocco, New Zealand,
Niger, Norway, Pakistan, Philippines, Sri Lanka, Suriname, Switzerland,
Tunisia, Turkey, Uruguay (and the following EU Member States:)
Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland,
France, Germany, Greece, Hungary, Ireland, Italy, Luxembourg, the
Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain,
Sweden and the United Kingdom. Notice that a lot of these countries
are also a member state of The Hague Conventions of 1958 and 1973
concerning the recognition and enforcement of decisions relating to
maintenance obligations and The Hague Conventions of 1956 and 1973
on the law applicable to maintenance obligations (this is, however,
not the case with, Algeria, Barbados, Burkina Faso, Cape Verde, Central
African Republic, China, Colombia, Guatemala, Haiti and Kazakhstan).
While the New York Convention of 20 June 1956 on the recovery abroad
of maintenance (United Nations) establishes arrangements on administrative
co-operation between the competent authorities, the Hague Conventions
give rules with regard to jurisdicition, the applicable law and the
recognition and enforcement of judgments.
Scope: This Agreement applies to
maintenance obligations arising from a family relationship or parentage,
including a maintenance obligation towards a child born out of wedlock.
However, a maintenance obligation towards a spouse or former spouse
where there are no minor children will be enforced in the United States
under this Agreement only in those states and other jurisdictions
of the United States that elect to do so. This Agreement applies to
the collection of payment arrears on a valid maintenance obligation
and any applicable interest on arrears and to the modification or
other official change in amounts due under an existing maintenance
decision. The remedies provided for in this Agreement are not exclusive
and do not affect the availability of any other remedies for the enforcement
of a valid maintenance obligation.
Parties (bilateral): United States of America
and the Netherlands.
Consanguinity (Descendancy)
- Convention
on Legitimation by Marriage (Rome, 10 September 1970)
[See
for more details: Dutch Treaty Data Base]
Scope: The adoption of uniform
rules for the legitimation of natural children, as well as for the
recognition of and publicity for legitimation occurring abroad.
Parties: Switzerland and Turkey (and the following
EU Member States:) Austria, Belgium, France, Germany, Greece,
Italy, Luxembourg and th Netherlands.
- Convention
on the Establishment of Maternal Descent of Natural Children (Brussels,
12 September 1962) [See
for more details: Dutch Treaty Data Base]
Scope: Harmonisation of the rules
relating to the establishment of maternal descent of natural children.
Parties: Germany, Greece, Luxembourg, the Netherlands,
Spain, Switzerland and Turkey (signed but not yet ratified by Belgium,
France and Italy).
Adoption
- Convention
on the Protection of Children and Cooperation in Respect of Intercountry
Adoption (the Hague, 29 May 1993) [See
for more details: Dutch Treaty Data Base]
Scope: The Convention shall apply
where a child habitually resident in one Contracting State ("the
State of origin") has been, is being, or is to be moved to
another Contracting State ("the receiving State") either
after itsadoption in the State of origin by spouses or a person
habitually resident in the receiving State, or for the purposes
of such an adoption in the receiving State or in the State of origin.
The Convention covers only adoptions which create a permanent parent-child
relationship.
Parties: Albania, Andorra, Armenia, Australia,
Azerbeidzjan, Belarus, Belize, Bolivia, Brazil, Burkina Faso, Burundi,
Cambodga, Canada, Chile, China, Colombia, Costa Rica, Cuba, Dominican
Republic, Ecuador, El Salvador, Georgia, Guatemala, Guinee, Iceland,
India, Israel, Kenya,Madagascar, Mali, Mauritius, Mexico, Moldavia,
Monaco, Mongolia, New Zealand, Norway, Panama, Paraguay, Peru, Philippines,
Russian Federation, Seychelles, Sri Lanka, South Africa, Switzerland,
Thailand, Turkey, United States of America, Uruguay and Venezuela
(and the following EU Member States:) Austria, Belgium, Bulgaria,
Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany,
Hungary, Ireland, Italy, Latvia, Malta, Lithuania, Luxembourg, the
Netherlands, Poland, Portugal, Romania, San Marino, Slovakia, Slovenia,
Spain, Sweden, United Kingdom.
Protection of Minors and Adults
- Brussels II Regulation
2003 (Council Regulation (EC) No 2201/2003 concerning jurisdiction
and the recognition and enforcement of judgments in matrimonial matters
and the matters of parental responsibility, repealing Regulation (EC)
No 1347/2000)
Scope: Regulation between EU
Member States on jurisdiction and the recognition and enforcement
of judgments in matrimonial matters and matters of parental responsibility.
This Regulation applies, whatever the nature of the court or tribunal,
in civil matters relating to (a) divorce, legal separation or marriage
annulment; (b) the attribution, exercise, delegation, restriction
or termination of parental responsibility, like rights of custody
and rights of access, guardianship, curatorship and similar institutions,
the designation and functions of any person or body having charge
of the child's person or property, representing or assisting the
child, the placement of the child in a foster family or in institutional
care, measures for the protection of the child relating to the administration,
conservation or disposal of the child's property. The Brussels II
Regulation 2003 doesn’t apply to (a) the establishment or
contesting of a parent-child relationship; (b) decisions on adoption,
measures preparatory to adoption, or the annulment or revocation
of adoption; (c) the name and forenames of the child; (d) emancipation;
(e) maintenance obligations; (f) trusts or succession; (g) measures
taken as a result of criminal offences committed by children.
Parties: All EU Member States, with the exception
of Denmark, are a party to the Brussels II Regulation 2003, therefore
Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Estonia, Finland,
France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania,
Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia,
Slovenia, Spain, Sweden and the United Kingdom.
- Convention
on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation
in Respect of Parental Responsibility and Measures for the Protection
of Children (the Hague, 19 October 1996) [See
for more details: Dutch Treaty Data Base]
Scope: The Convention applies
to children from the moment of their birth until they reach the
age of 18 years with regard to (a) the attribution, exercise, termination
or restriction of parental responsibility, as well as its delegation;
(b) rights of custody, including rights relating to the care of
the person of the child and, in particular, the right to determine
the child's place of residence, as well as rights of access including
the right to take a child for a limited period of time to a place
other than the child's habitual residence; (c) guardianship, curatorship
and analogous institutions; (d) the designation and functions of
any person or body having charge of the child's person or property,
representing or assisting the child; (e) the placement of the child
in a foster family or in institutional care, or the provision of
care by kafala or an analogous institution; (f) the supervision
by a public authority of the care of a child by any person having
charge of the child; (g) he administration, conservation or disposal
of the child's property.
Parties: Albania, Armenia, Australia, Ecuador,
Morocco, Monaco and Ukraine (not ratified yet by Switzerland) (and
the following EU Member States:) Bulgaria, Czech Republic,
Estonia, Hungary, Latvia, Lithuania, Slovakia, Slovenia (not ratified
yet by: Austria, Belgium, Cyprus, Denmark, Finland, France, Germany,Greece,
Ireland, Italy, Luxembourg, the Netherlands, Poland, Portugal, Romania,
Spain, Sweden and the United Kingdom). As concerns the relation
of the Brussels II Regulation 2003 with the Hague Convention of
19 October 1996 on Jurisdiction, Applicable law, Recognition, Enforcement
and Cooperation in Respect of Parental Responsibility and Measures
for the Protection of Children, the Brussels II Regulation 2003
shall apply (a) where the child concerned has his or her habitual
residence on the territory of a Member State and (b) as concerns
the recognition and enforcement of a judgment given in a court of
a Member State on the territory of another Member State, even if
the child concerned has his or her habitual residence on the territory
of a third State which is a contracting Party to the Hague Convention
of 19 October 1996 (Article 61 Brussels II Regulation 2003).
Scope: The Convention regulates
different situations relating to the right of custody in specific
situation of improper removal of a child. 'Improper removal' means
the removal of a child across an international frontier in breach
of a decision relating to his custody which has been given in a Contracting
State and which is enforceable in such a State; improper removal also
includes (1º) the failure to return a child across an international
frontier at the end of a period of the exercise of the right of access
to this child or at the end of any other temporary stay in a territory
other than that where the custody is exercised and (2 º) a removal
which is subsequently declared unlawful within the meaning of Article
12 of the Convention.
Parties: Andorra, Iceland, Liechtenstein, Macedonia,
Moldova, Montenegro, Norway, Serbia, Switzerland, Turkey and Ukraine
(and the following EU Member States:) Austria, Belgium, Bulgaria,
Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany,
Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta,
The Netherlands, Poland, Portugal, Romania, Slovakia, Spain, Sweden
and the United Kingdom. In relations between EU Member States the
Brussels II Regulation 2003 takes precedence over the European Convention
on Recognition and Enforcement of Decisions concerning Custody of
Children and on Restoration of Custody of Children of 20 May 1980,
insofar it concerns matters governed by the Brussels II Regulation
2003 (Article 60 Brussels II Regulation 2003).
Scope: The international protection
of children from the harmful effects of their wrongful removal or
retention and to establish procedures to ensure their prompt return
to the State of their habitual residence, as well as to secure protection
for rights of access. The Convention ceases to apply when the child
attains the age of 16 years.
Parties: Albania, Argentina, Armenia, Australia,
Bahama's, Belarus, Belize, Bosnia and Herzegovina, Brazil, Burkina
Faso, Canada, Chile, China, Colombia, Costa Rica, Croatia, Dominican
Republic, Ecuador, El Salvador, Fiji Islands, Georgia, Guatemala,
Honduras, Iceland, Israel, Macedonia, Mauritius, Mexico, Moldova,
Monaco, Montenegro, Nicaragua, New Zealand, Norway, Panama, Paraguay,
Peru, Saint Kitts and Nevis, San Marino, Serbia, Seychelles, South
Africa, Sri Lanka, Switzerland, Thailand, Trinidad and Tobago, Turkey,
Turkmenistan, Ukraine, United States of America, Uruguay, Uzbekistan,
Venezuela and Zimbabwe (and the following EU Member States:)
Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia,
Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia,
Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania,
Slovakia, Slovenia, Spain, Sweden and the United Kingdom. In relations
between EU Member States the Brussels II Regulation 2003 takes precedence
over the Hague Convention of 25 October 1980 on the Civil Aspects
of International Child Abduction, insofar it concerns matters governed
by the Brussels II Regulation 2003 (Article 60 Brussels II Reguation
2003).
Scope: The judicial or administrative
authorities of the State of the habitual residence of an infant have
power, subject to the provisions of Articles 3 and 4, and paragraph
3 of Article 5 of the present Convention, to take measures directed
to the protection of his person or property. The authorities having
power by virtue of the terms of Article 1 shall take the measures
provided by their domestic law. That law shall determine the conditions
for the initiation, modification and termination of the said measures.
It shall also govern their effects both in respect of relations between
the infant and the persons or institutions responsible for his care,
and in respect of third persons.
Parties: China, Switzerland and Turkey (and the following
EU Member States:) Austria, France, Germany, Italy, Latvia, Lithuania,
Luxembourg, the Netherlands, Poland, Portugal and Spain.
Scope: This Convention applies
to the protection in international situations of adults who, by reason
of an impairment or insufficiency of their personal faculties, are
not in a position to protect their interests. Its objects are (a)
to determine the State whose authorities have jurisdiction to take
measures directed to the protection of the person or property of the
adult; (b) to determine which law is to be applied by such authorities
in exercising their jurisdiction; (c) to determine the law applicable
to representation of the adult; (d) to provide for the recognition
and enforcement of such measures of protection in all Contracting
States; (e) to establish such co-operation between the authorities
of the Contracting States as may be necessary in order to achieve
the purposes of this Convention.
Parties: Cyprus, Czech Republic, Finland, France,
Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Poland,
Switzerland and the United Kingdom (all being EU Member States).
Law of Succession
- Convention
on the Conflicts of Laws Relating to the Form of Testamentary Dispositions
(the Hague, 5 October 1961) [See
for more details: Dutch Treaty Data Base]
Scope: Establishing common provisions
on the conflicts of laws relating to the form of testamentary dispositions.
Parties: Antigua and Barbuda, Armenia, Australia,
Bosnia and Herzegovina, Botswana, Brunei, China, Croatia, Fiji,
Grenada, Israel, Japan, Lesotho, Macedonia, Mauritius, Montenegro,
Norway, Serbia, South Africa, Swaziland, Switzerland, Tonga and
Turkey (and the following EU Member States:) Austria, Belgium,
Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Italy,
Luxembourg, the Netherlands, Poland, Portugal, Slovenia, Sweden
and the United Kingdom.
-
European Convention on the Establishment of a Scheme of Registration
of Wills (Basle, 16 May 1972) [See
for more details: Dutch Treaty Data Base]
Scope: Provision of a registration
scheme enabling a testator to register his will in order to reduce
the risk of the will remaining unknown or being found belatedly,
and to facilitate the discovery of the existence of this will after
the death of the testator.
Parties: Turkey and Ukraine (and the following
EU Member States:) Belgium, Cyprus, Denmark, Estonia, France,
Germany, Italy, Lithuania, Luxembourg, the Netherlands, Portugal,
Spain and the United Kingdom.
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