132/1976 Sb.
The Decree
Minister of Foreign Affairs
of 23 December 2003. August 1976
the Convention on the recognition and enforcement of decisions relating to maintenance obligations
Day 2. October 1973 was in the Hague on Dec. session of the Hague Conference on
private international law negotiated the Convention on the recognition and enforcement of
the decision on maintenance obligations.
On behalf of the Czechoslovak Socialist Republic, the Convention was signed in
The Hague on 6. February 1975.
With the Convention have expressed their consent of the Federal Assembly of the Czechoslovak
Socialist Republic and the president of the Republic ratified it, subject to the
Article 26, paragraph. 2 (a). and (b))), according to which Czechoslovakia's
Socialist Republic reserves the right to refuse to recognize or enforce a
decisions or settlements on maintenance obligations referred to in article 26, point 2
(a). and (b) of the Convention)), because the Slovak legal order does not know the maintenance
the obligation between the parties therein.
Instrument of ratification, the Czechoslovak Socialist Republic was saved
the Ministry of Foreign Affairs of the Netherlands, depositary of the
The Convention, on 12 June 2006. in May 1976.
The Convention entered in for the Czechoslovak Socialist Republic
force on the basis of article 35, paragraph. 1 on 1 July. August 1976.
Czech translation of the Convention shall be published at the same time.
Minister:
Ing. Now in r.
Convention
on the recognition and enforcement of decisions relating to maintenance obligations
States parties to this Convention
Desiring to adopt common provisions governing mutual recognition and
enforcement of decisions relating to maintenance obligations to adults
Desiring to bring these provisions into line with the Convention. April 1958
on the recognition and enforcement of decisions relating to maintenance obligations towards children,
have decided to conclude a Convention for this purpose and have agreed on the following
provisions:
Part I
The Scope Of The Convention
Article 1
This Convention applies to the decision, issued by a judicial or administrative
authority of a Contracting State relating to maintenance obligations of family relationships,
parental, marital or švagrovských, including maintenance
obligations to children born outside of marriage, between:
1. the person entitled to maintenance and a person liable to provide the
maintenance, or
2. a person liable to provide maintenance and public institutions, which
the applicant seeks compensation contribution by the person entitled to
nourishing.
This Convention shall also apply to the settlements between the same parties, which in
those cases conclude judicial or administrative authorities, or which will be
concluded before those authorities (hereinafter referred to as "settlements").
Article 2
This Convention shall apply to judgments or settlements, regardless of how the
marked.
It also applies to decisions or settlements, amending an earlier
decisions or settlements, even in that case, that originate from non-Contracting
State.
This Convention shall apply regardless of the international or domestic
the nature of the entitlement to maintenance and regardless of the nationality or residence of the
participants.
Article 3
If the decision or agreement does not only concern maintenance obligations,
reduce the effectiveness of the Convention on the part of the judgment or settlement, that the
applies to the maintenance obligation.
Part II
The conditions for recognition and enforcement of decisions
Article 4
The decision, issued in a Contracting State shall be recognised or enforced in another
a Contracting State:
1. If it has been issued by the competent authority, in accordance with article 7 or 8, and
2. If it is not already be in a State in which it was issued, challenged by the ordinary
the remedy.
Provisionally enforceable decision and precautionary measures can be requested
State to recognise and execute, even when subject to the ordinary legal remedies,
If in this State may be issued and executed.
Article 5
Recognition or enforcement may be refused:
1. where recognition or enforcement of the decision is manifestly incompatible with the public
policy of the requested State, or
2. If the decision has been achieved by fraud, which occurred in the context of the
proceedings, or
3. If, before the authority of the requested State is taking place between the same
participants and about the same things, while the proceeding was initiated as the first,
or
4. If the decision is incompatible with a decision issued by the State between the same
participants, and in the same case, either in the requested State or in another State, in the
This latter case only if it meets the conditions required for the recognition of
or performance in the requested State.
Article 6
Without losing sight of the provisions of article 5 of the decision by certified
or enforced only if the party to the negotiations,
According to the law of the State whose authority issuing the decision, notification
the notification of the initiation of the proceeding, including the nature of the claim, indicating the
take into account whether a participant had enough time to be in
the proceedings could defend.
Article 7
Authority of the State in which the judgment was given, is to be regarded as
jurisdiction under this Convention
1. If the principal or beneficiary had at the time of initiation of the proceeding its
residence in the State in which the judgment was given, or
2. If the principal and legitimate were at the time of initiation, the citizens of the
the State in which the judgment was given, or
3. If the respondent submit to the jurisdiction of that authority, either explicitly
or with the fact that the comment on the merits, without said the lack of
the powers.
Article 8
Irrespective of the provisions of article 7, the authority of the Contracting State that issued the
the decision on entitlement to maintenance is to be considered competent in
the meaning of this Convention, if the entitlement to maintenance is based on divorce
marriage, annulment of marriage or cohabitation of a declaration that the marriage
is invalid or that have not been made, issued by the authority of the State whose
competence in this matter has been recognized by the law of the requested State.
Article 9
The authority of the requested State is bound by the findings on which the authority
the State where the decision was given, started by his authority.
Article 10
If the decision on maintenance is affecting several legal reasons and
If it is unable to recognize or perform as a whole, the authority of the requested State
This Convention shall apply to that part of the decision, which may be recognised or
enforced.
Article 11
She was laid down in the decision of the obligation to pay maintenance to the periodic
payments, orders the performance of both the benefits already payable and benefits
payable in the future.
Article 12
If this Convention does not provide otherwise, is not permitted, so that the authority of the requested
the State review the decision on the merits.
Part III
The procedure for recognition and enforcement of decisions
Article 13
If this Convention does not provide otherwise, the procedure for recognition and enforcement of decisions
governed by the law of the requested State.
Article 14
At any time it is possible to apply also to partial recognition and enforcement of judgments.
Article 15
The creditor, which has been in the State where the decision was given,
whole or in part is granted legal aid or exemption from costs and
expenses, in any proceedings for recognition or enforcement
the most favourable legal aid or the most extensive exemption from costs and expenses
so, as determined by the law of the requested State.
Article 16
In proceedings to which this Convention applies, cannot require the composition of
security, guarantees or deposits, regardless of their designation, which would
should be made to pay the costs and expenses associated with it.
Article 17
The party who asks for the recognition or enforcement of a judgment shall produce:
1. a complete and authentic copy of the decision;
2. proof that the decision is no longer in the State where it was
issued ordinary appeal admissible and, if necessary, that is
enforceable;
3. in the case of a default judgment, the original or a certified copy of the document
that participant who has not appeared for the hearing, was according to the law
the State where the judgment was duly notified of the initiation of the proceeding,
as well as on the merits of the claim;
4. under the circumstances, proof that the participant has been granted legal
assistance or exemption from fees and costs in the State, where it was
the decision released;
5. a certified translation of the documents referred to above, with the exception of cases, when
the authority of the requested State does not require such a translation.
If the above documents submitted, or where the content of the
the decision of the authority of the requested State to verify compliance with the
the terms of this Convention, shall permit the authority the deadline to submit the necessary
the documents.
Verification or other formality may not be required.
Part IV
Additional provisions relating to public institutions
Article 18
The decision against compulsory at the request of the public institution
the applicant seeks compensation performance provided to the creditor, will be under this Convention
recognised and enforced:
1. If a public institution may receive such compensation pursuant to
the rule of law, which is subject to; and
2. If the maintenance obligation between the legitimate and mandatory is
laid down by national law, which should be used in accordance with the laws of the
of private international law of the requested State.
Article 19
Public institutions can apply for the recognition or enforcement of a decision issued by the
between the authorized and compulsory, and that the extent of the performance, which granted
authorized by law, which shall be subject to, if it
permissions to instead of the authorized, without further asking for recognition and
execution of the decision.
Article 20
Irrespective of the provisions of article 17, public institutions, which asks
the recognition or enforcement, to present all the documents proving the
that meets the conditions of article 18, para. 1, or article 19, and that the performance was
authorized provided.
Part In The
Settlements
Article 21
A settlement which is enforceable in the State of his release, will be recognised and enforced
under the same conditions as a judgment, if such conditions it can be
use.
Part VI
Other provisions of the
Article 22
The Contracting States shall, in accordance with the law, conveyancing limited,
shall grant the highest priority to property transfers, which are intended to
payment of alimony or costs and costs incurred in connection with
the application of the claim under this Convention.
Article 23
This Convention shall not prevent to use another international instrument
valid between the State where the judgment was given and the State of the requested
or other legislation of the requested State, allowing for the recognition of
or the enforcement of a decision or settlement.
Article 24
This Convention shall apply regardless of the time, when the decision was released.
If the decision was issued before this Convention entered into
force between the State where the judgment was given, and the State requested,
will be recognized in the requested State only for payments due after such entry
in the force.
Article 25
Any Contracting State may at any time declare that the provisions of this Convention
will be in its relations with States, which will make the same statement, extended to
the official deed ("acte authentique") a public authority, or
officer or before them and directly enforceable in the Member State where the
If they can be released to these provisions on such instruments used.
Article 26
Each Contracting State may, in accordance with article 34 reserve the right
not to recognise or enforce:
1. decisions or settlements, as they relate to maintenance for the period when
true had already reached the age of 21 years or when already married, with
except in cases where compulsory is the husband or former husband;
2. decisions or settlements on maintenance obligations
and between relatives in the side of) the line
b) between persons of sešvagřenými;
3. decisions or settlements, which do not impose periodic payment
maintenance.
The Contracting State which has entered a reservation, can no longer rely on this Convention,
as regards the decisions and settlements, which subject to rule out.
Article 27
If the obligation is adjusted in a Contracting State with two or more
laws applicable to the various categories of persons, any reference to
the law of that State will mean a reference to the rule of law, that its
the law specifies, as applicable to that category of persons.
Article 28
If a Contracting State has two or more territorial units in which to
recognition and enforcement of judgments applies different laws:
1. any reference to the law, procedure or authority of the State where the decision has been
issued, will mean the link to the right, the control or authority of the territorial unit,
in which the decision was given;
2. any reference to the law, control or authority of the requested State will be
refer to the link on the right, the control or authority of the territorial unit in which the
recognition or enforcement is sought;
3. any reference in paragraphs 1 and 2, either on the right or in control of the State, where it was
the decision is issued, or on the right or control of the requested State, it is necessary to
lay out so that it includes all applicable legal standards and principles
the Contracting State which apply in the territorial units to which this Contracting
State forms;
4. any reference to the residence of the beneficiary or of compulsory will mean
of residence on the territory of the unit in which the judgment was given.
Any Contracting State may at any time declare that, in the implementation of certain
the provisions of this Convention shall not apply some of these rules.
Article 29
This Convention replaces, in relations between States, which are members thereof,
Convention on the recognition and enforcement of decisions relating to maintenance obligations towards children,
signed in the Hague on 15. April 1958.
Part VII
Final provisions
Article 30
This Convention is unloaded to the signing by the States which were members of the Hague
Conference on private international law at the time of the XII. the meeting.
The Convention will be ratified, accepted or approved and the instruments of
ratification, acceptance or approval shall be deposited with the Ministry of
Foreign Affairs of the Netherlands.
Article 31
Each of the States, which became a member of the Hague Conference international
private law after its twelfth session or which is a member of the
The United Nations or any of its specialized agencies or
that is a member of the Statute of the International Court of Justice, this
Accede after its entry into force in accordance with article 35, para. 1.
The instrument of accession shall be deposited with the Ministry of Foreign Affairs
The Netherlands.
Approach will be effective only in the relationship between the acceding State and those
Contracting States which, in the absence of opposition against him within twelve
months from the receipt of the notification referred to in article 37, paragraph. 3. Such an objection
also, the Member State may raise in the ratification, acceptance or approval
After access to the Convention. Such objections shall be notified to the Ministry of
Foreign Affairs of the Netherlands.
Article 32
Any State may, when signing, ratification, acceptance or approval, or
When you access, declare that the Convention shall apply to all the territories for the
which international intercourse is responsible, or to one of these areas.
This declaration shall enter into force for that State at the time of entry into force of the Convention in
force.
Later, you will be notified of such extension of the Ministry of Foreign Affairs
The Netherlands.
The extension will be effective in relations between the Contracting States which have not
within twelve months from the receipt of the notification referred to in article 37, para.
4, objected to the extension, and the territory or territories for whose
international relations is referred to State responsibility and in relation to which the
notification is made.
Such an objection may also be raised when a Member State ratification, acceptance
or approval of the Convention.
Such objections shall be notified to the Ministry of Foreign Affairs of the Netherlands.
Article 33
The Contracting State which has two or more territorial units in which applies
different legal systems for the recognition and enforcement of decisions on maintenance
obligations of signature, ratification, acceptance, approval or
access, declare that this Convention shall apply to all its territorial
units or only on some of them, and may at any time change these
statement by statement.
This declaration shall be notified to the Ministry of Foreign Affairs of the Netherlands
and specifically in them will be given territorial unit to which the Convention will be
apply.
The other Contracting States will be able to refuse the recognition of a decision on
maintenance obligations, if at the time when they will apply for recognition,
The Convention does not apply to the territorial unit in which the decision was
released.
Article 34
Any State may, at the latest when the ratification, acceptance, approval or
access to make one or more reservations in accordance with article 26. Any other
reservation is permissible.
Each State may also, when notification of the extension of the Convention pursuant to article
32, make one or more reservations effective for territory or one of the
the territory, which the extension applies to.
Any Contracting State may at any time withdraw a reservation which it has made. This
the appeal will be notified to the Ministry of Foreign Affairs of the Netherlands.
The reservation will expire on the first day of the third calendar month after
the notification referred to in the previous paragraph.
Article 35
This Convention shall enter into force on the first day of the third calendar month
After the deposit of the third instrument of ratification, acceptance or approval in accordance with
Article 30.
After the Convention enters into force:
1. for each State which ratifies it later, accepts or approves,
the first day of the third calendar month after the deposit of its instrument of
ratification, acceptance or approval;
2. for each acceding State on the first day of the third calendar month
After the expiry of the period referred to in article 31;
3. for the territory to which the Convention has been extended in accordance with article 32, the first
day of the third calendar month after the expiry of the period referred to in that
article.
Article 36
This Convention will be valid for five years from the date of its entry into force in accordance with
Article 35, para. 1 even for States which ratify it, take it
or it approves or accedes to it later.
If the Convention is terminated, its validity is extended always on
the next five years.
The denunciation shall be notified not later than six months before the expiry of the
the five-year period of the Ministry of Foreign Affairs of the Netherlands.
Denunciation may be limited to certain territories to which the Convention applies.
Notice of termination will be effective only for the State which has notified it. For all of the
the other States parties to the Convention will remain in force.
Article 37
Ministry of Foreign Affairs of the Netherlands shall notify the Member States of the
The Conference, as well as the acceding States, pursuant to the provisions of article 31:
1. signatures, ratification, acceptance and approval in accordance with article 30;
2. the date on which this Convention enters into force in accordance with the provisions of article
35;
3. in accordance with article 31 of the approaches and data, which will become effective;
4. the extension provided for in article 32 and the data, which becomes effective;
5. objections raised against the approaches and the extension referred to in articles 31 and 32;
6. the declarations referred to in articles 25 and 32;
7. termination in accordance with article 36;
8. the reservations referred to in articles 26 and 34, and the appeal of the reservations referred to in article 34.
On the evidence of subscribers, duly empowered to do so, have signed this Convention.
Done at the Hague on 2. October 1972 in English and French,
both texts are equally authentic, in a single copy, which
will be stored in the archives of the Government of the Netherlands, and of which a certified copy shall be
through the diplomatic channel is passed to each of the States that are members of the Hague
Conference on private international law at the time of the twelfth
the meeting.
