The Convention On The Recognition And Enforcement Of Decisions Relating To Maintenance Obligations

Original Language Title: o Úmluvě o uznávání a výkonu rozhodnutí o vyživovací povinnosti

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=33396&nr=132~2F1976~20Sb.&ft=txt

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.