131/1976 Sb.
Decree
Minister of Foreign Affairs
of 23 December 2003. August 1976
on the Convention on the recognition of divorces and annulment of the conjugal cohabitation
On 1 May 2004. June 1970 was in the Hague on XI. session of the Hague Conference on
private international law agreed the Convention on the recognition of divorces and
the abolition of marital cohabitation.
On behalf of the Czechoslovak Socialist Republic, the Convention was signed in
The Hague on 6. February 1975.
With the Convention have expressed their approval of the Federal Assembly of the Czechoslovak
Socialist Republic and the president of the Republic ratified it, subject to the
to article 19 para. 1, according to which the Czechoslovak Socialist
Republic reserves the right to refuse to recognise the divorce or annulment of marriage
coexistence between two spouses who at the time of the decision were exclusively its
nationals, if under the law other than that which
Specifies the Czechoslovak international private law, should the procedure referred to in
This law did not lead to the same result as if guided by the
of the rule of law, and subject to the provisions of article 24, the Convention
will not apply to distributions or to cancel the marriage cohabitation, which
occurred prior to the entry into force of the Convention for the Czechoslovak Socialist
Republic.
The ratification instrument was deposited the Czechoslovak Socialist Republic
with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the
The Convention, on 12 June 2006. May 1976.
Entered for the Czechoslovak Socialist Republic in
force on the basis of its article 27, paragraph 1. 2 day 11. July 1976.
Czech translation of the Convention shall be published at the same time.
Minister:
Ing. Now in r.
Convention
on the recognition of divorces and annulment of the conjugal cohabitation
The Contracting States to this Convention,
Desiring to facilitate the recognition of divorces and separations, the cancellation
which have taken place on their territory,
have decided to conclude a Convention for this purpose and have agreed on the following
provisions:
Article 1
This Convention shall apply to the recognition of divorce and annulment of marriage
coexistence in one Contracting State which have occurred in the other Contracting State in
due to a judicial or other officially recognised in that State in the proceedings, and
that they have legal force.
The Convention does not apply to claims of guilt, nor to the other side's statements
referred to in the Decree of divorce or annulment of the marriage cohabitation,
in particular, does not apply to our opinion on the financial commitments or care for children.
Article 2
If from the other provisions of this Convention requires otherwise, these
divorces and annulment of the marriage cohabitation recognized in all Contracting
States, if the State in which it has filed for a divorce or
the cancellation of the marriage cohabitation at the date of filing of the application:
1. the respondent had their place of residence, or
2. the applicant has his residence and was one of the
the following conditions:
This residence has not been) less than 1 year before the filing of the application;
(b)) spouses had last common habitual residence, or
3. both spouses were nationals of that State, or
4. the applicant was a national of that State and outside it have been met
one of these conditions:
and there was his) the petitioner resides, or
(b)) had their place of residence for a continuous period of one year at least
partially contained in the two-year period preceding the filing of the application,
or
5. the applicant in case of divorce was a national of that State, and
meet both of the following additional conditions:
the claimant was present) in this State on the date of filing the application and
(b)) the couple had last common residence in the State whose law, at the time
the lodging was not legally recognized divorce.
Article 3
If the power in case of divorce or annulment of the marriage cohabitation may
be in the State of origin based on residence, then the term "residence" in the
Article 2 means a resident within the meaning of the extent to which this name is understood in the
that of the State.
The preceding paragraph shall not apply to the residence of the spouse,
If, according to the law, derived from the residence of her husband.
Article 4
If there is a counterclaim, the divorce or annulment of marriage
coexistence allowed, based on the original application or counterclaim for
provided that the proposal or counter-proposal fulfil the conditions of article 2 or 3.
Article 5
If the abolition of marital cohabitation changes within the meaning of the provisions of this
The Convention in the State of origin on divorce, you cannot refuse to recognise the divorce of
because of that, at the time of the initiation of the divorce proceedings, the conditions have not been met
laid down in article 2 or 3.
Article 6
If the respondent has been in active management, are the authorities of the State in which the
the recognition of a divorce or annulment of the marriage cohabitation calls bound by the
findings of fact on which jurisdiction was founded.
The recognition of a divorce or annulment of the marriage cohabitation cannot refuse it
the reason that
and according to the law of the State), where such recognition is sought would not be
divorce or annulment of the marriage cohabitation when using the same
the fact is admissible;
(b)) was used another right before it, which should be applied in accordance with
the rules of private international law of that State.
Subject to what is necessary for the application of the other provisions of this
The Convention, the authorities of the State where they cannot, on the recognition of a divorce or annulment
matrimonial requests to review decisions on the merits.
Article 7
The Contracting States may refuse to recognise the divorce between spouses, who in
When it occurred, they were exclusively by nationals of States whose
divorce legislation.
Article 8
If, having regard to all the circumstances not taken appropriate
measures to ensure that the respondent was informed of the petition for divorce or annulment
married living together, or if the defendant could not exercise their rights,
may be to recognise the divorce or annulment of the marriage cohabitation was rejected.
Article 9
The Contracting States may refuse to recognise the divorce or annulment of marriage
cohabitation, if they are incompatible with the earlier decision in respect of
the marital status of participants and such a decision was handed down in
State in which recognition is sought, or in which it was accepted or in which
the conditions for recognition are met.
Article 10
The Contracting States may refuse to recognise the divorce or annulment of marriage
cohabitation, if such recognition is manifestly incompatible with the public
policy.
Article 11
A State which is obliged to recognize a divorce on the basis of this Convention, cannot
Disable closing any of the spouses of the new marriage on the grounds that the right to
another State that does not recognize divorce.
Article 12
Proceedings for divorce or annulment of the marriage cohabitation may be in any
Contracting State to stopped, if the marital status of one of the participants
is the subject of proceedings in another Contracting State.
Article 13
As regards the distribution of or cancellation of the marriage cohabitation, which were
allowed or the recognition of which is sought in the Contracting States, which in this
areas have two or more jurisdictions, paying in different territorial
units,
1. any reference to the law of the State of origin means a reference to the law of the territory in
where there has been a divorce or annulment of the marriage cohabitation;
2. any reference to a right by the certification of the State means a reference to the right to
Court, where the Court is sitting; and
3. any reference to the place of residence or stay in the country of origin means a reference to
residence or stay in the territory, on which there has been a divorce or annulment
conjugal cohabitation.
Article 14
If the State of origin is in the area of divorce or annulment of marriage
the coexistence of two or more legal systems paying in different territorial
units, then for the purposes of articles 2 and 3
1. Article 2, paragraph 1. 3, provided that both spouses were
members of the State, part of which is the territorial unit in which
divorce or annulment of the marriage cohabitation, regardless of the permanent residence
of the spouses;
2. Article 2, paragraph 1. 4 and 5, provided that the appellant was
national of a State which is the territorial unit in which
divorce, annulment of marriage or cohabitation.
Article 15
With regard to the State party, which is in the area of divorce or annulment
conjugal cohabitation with two or more legal systems applicable to various
categories of persons, any reference to the law of that State is a reference to the
the rule of law, as determined by law of this State.
Article 16
If, in the application of this Convention should take into consideration the law of another
State (whether it is a Contracting Party to this Convention or not) than the State
of origin or by the certification of the State and the law of that State has in the area of
divorce or annulment of marriage the coexistence of two or more legal systems with
the territorial or personal scope, it is necessary to rely on the rule of law,
established by the law of that State.
Article 17
This Convention shall not prevent a Contracting State, to the recognition of divorces and annulment of
separations that have occurred abroad, he used the legislation
more favourable for this recognition.
Article 18
This Convention shall not affect the application of other conventions, which are
or will one or more of the Contracting States, if they contain
the provisions on matters governed by this Convention.
However, States parties do not conclude a Convention on the matter, which would be
incompatible with the Convention, unless it was justified by the
special reasons resulting from the territorial or other volumes; without
Notwithstanding the provisions of such conventions are the Contracting States are obliged to recognize in the
the meaning of this Convention, the wiring and the abolition of marital cohabitation, which occurred
in Contracting States which are not parties to such other conventions.
Article 19
At the latest upon ratification or accession, each State may reserve the
the right to
1. not to recognise the divorce or annulment of the marriage cohabitation between the two spouses,
who at the time of the decision were exclusively its own nationals,
If you followed the law other than that which determines its
private international law, if the procedure under this law did not lead to
same result as if guided by the legal
the order;
2. not to recognise a divorce between spouses, who at the time of the decision were both permanent
resident in countries whose legal systems do not know the divorce. State which
apply the reservation set out in this paragraph, you will not be able to refuse to recognise
in accordance with article 7.
Article 20
Contracting State whose legal system does not recognize divorce, may at the latest when
ratification or when you access the reserve the right to refuse to recognize a divorce, if the
It was at a time when the divorce occurred, one of the spouses, the national of a State,
the law does not recognize divorce.
This reservation will have effect only until the legal order of a State which
It does not apply to divorce.
Article 21
Contracting State whose legal system does not recognize the abolition of marital cohabitation, may
at the latest upon ratification or when you access the reserve the right to refuse to
the abolition of marital cohabitation, if at the time when the cancellation occurred
conjugal cohabitation, one of the spouses was a national of a Contracting State,
whose legal system does not recognize the abolition of marital cohabitation.
Article 22
A Contracting State may at any time declare that certain categories of persons
his nationality may not be considered for the purposes of this Convention
its own nationals.
Article 23
A Contracting State which is in the area of divorce or annulment of marriage
the coexistence of two or more legal systems, when signing, ratifying or
When you access, declare that this Convention shall apply to all of these
legal systems, or only to one or several of them, and may at any time
This statement to amend the Declaration.
This declaration shall notify the Ministry of Foreign Affairs of the Netherlands and
will be explicitly provided for in the definition of the legal systems in which the Convention
applies.
A Contracting State may refuse to recognise the divorce or annulment of marriage
cohabitation, if the date on which recognition requires, you cannot apply the Convention
on the rule of law, on the basis of this occurred a divorce or annulment
conjugal cohabitation.
Article 24
This Convention shall apply regardless of the time, when there has been a divorce or to
the abolition of marital cohabitation.
A Contracting State may, however, at the latest upon ratification or when you access
reserve, that this Convention will not apply to distributions or cancellation
separations that have occurred before the date on which the Convention in this State
entered into force.
Article 25
At the latest upon ratification or to access any State may make
one or more of the reservations provided for in articles 19, 20, 21 and 24 of this
Of the Convention. Other reservations are permitted.
When the notification of the extension referred to in article 29 of the Convention, a Contracting State
also make one or more of the listed reservations with effect limited to
the territory or any of the territories to which the extension applies to.
Any Contracting State may at any time cancel a reservation which it has made before.
Cancellation of this reservation shall notify the Ministry of Foreign Affairs of the Netherlands.
The effect of the reservations will end the sixtieth day after the notification referred to in the preceding
paragraph.
Article 26
This Convention shall be open for signature by the States represented at the XI. the meetings of the
The Hague Conference on private international law.
The Convention is subject to ratification and the instruments of ratification shall be deposited with
Ministry of Foreign Affairs of the Netherlands.
Article 27
This Convention shall enter into force on the sixtieth day after the deposit of the third
instruments of ratification, in accordance with article 26, paragraph 2.
Convention enters into force for each State which it will ratify the
later, the sixtieth day after the deposit of its instrument of ratification.
Article 28
Thanks to a State. session of the Hague Conference on private international
Law Act, which is a member of this Conference or organization
a member of the United Nations or its specialized agencies, or of the Contracting
a party to the Statute of the International Court of Justice, may accede to this
The Convention after its entry into force in accordance with article 27, paragraph 1.
The instrument of accession shall be deposited with the Ministry of Foreign Affairs
The Netherlands.
Approach is effective only in the relations between the acceding State and
the Contracting States, which declares that he agrees with the approach. This
the Declaration will be deposited with the Ministry of Foreign Affairs of the Netherlands,
which shall be sent through diplomatic channels to each Contracting State a certified
a copy of the.
Convention enters into force between the acceding State and the State which
He said that with the accession, the sixtieth day after the deposit of
Declaration of consent.
Article 29
Any State may, when signing, ratification or accession, declare that
This Convention applies to all territory from an international perspective
stands, or to one or several of them. This Declaration becomes
effective at the time when the Convention enters into force for that State.
After this time must be notified of any extensions of this scope
Ministry of Foreign Affairs of the Netherlands.
The extension has an effect only in its relations with Contracting States which
declares that he agrees with this extension. This Declaration will be saved
with the Ministry of Foreign Affairs of the Netherlands, which shall send each
Contracting State through diplomatic channels of its certified copy.
The extension will be effective in all cases, the sixtieth day after the deposit of
Declaration of consent.
Article 30
This Convention will be valid for five years from the date of entry into force referred to in article
27 paragraph 1, even for States which ratify it later
or accede to it later.
In the absence of dismissal is extended tacitly always five Convention enters into force
years of age.
Notice of termination must be notified at least six months before the expiry of the five-year
period, the Ministry of Foreign Affairs of the Netherlands. Testimony can be limited to
some of the territories to which the Convention applies.
Effects of termination are limited to the State Convention. For
the other Contracting States, the Convention remains in force.
Article 31
Ministry of Foreign Affairs of the Netherlands shall notify the States referred to in article
26 and States that will accede to the Convention pursuant to the provisions of article 28 of the
and the signatures and ratification) referred to in article 26,
(b)), this time when the Convention enters into force in accordance with article 27, paragraph 1,
c) approaches under article 28 and the period of their effectiveness,
d) extension of the period referred to in article 29 and their effectiveness,
e) denunciations under article 30,
f) reservations and cancellation of reservations under article 19, 20, 21, 24 and 25,
g) declaration under article 22, 23, 28 and 29.
In witness whereof the representatives duly authorized nížepodepsaní, signed
This Convention.
Done at the Hague on 1. June 1970 in the Dutch and English,
both texts being equally authentic, in a single copy, which
be deposited in the archives of the Government of the Netherlands, and of which a certified copy will be passed
through diplomatic channels, to each State represented at the XI. the meetings of the
The Hague Conference on private international law.
