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The Law Amending The Decision On Maintenance Obligations Abroad And The Recognition And Enforcement Of

Original Language Title: Laki ulkomailla annetun elatusapua koskevan päätöksen tunnustamisesta ja täytäntöönpanosta

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Act on the recognition and enforcement of the decision on maintenance abroad

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In accordance with the decision of the Parliament:

ARTICLE 1

The decision on maintenance in Finland shall be in force and enforced in Finland, as provided for in this Act, if the decision has been issued in a State which is in The Hague on 2 October 1973 on the recognition of decisions on maintenance. The contracting party to the implementing convention.

The Regulation may provide that the decision on maintenance in a State which is a party to the Convention referred to in paragraph 1 shall be valid and enforced in Finland in accordance with this law.

By way of derogation from paragraphs 1 and 2, the decision of the State party to the Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance in The Hague is in force and implemented In accordance with the provisions of the Treaty. However, Council Regulation (EC) No 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations Relations which, according to Article 1 (2) of the Regulation, are Member States. (19/03/00)

ARTICLE 2 (10.12.2010/1080)

Subject to the second subparagraph of Article 69 (3) of the Regulation referred to in Article 1 (3), notwithstanding the provisions of this Act, decisions on maintenance in Iceland, Norway, Sweden and Denmark are valid and enforceable Finland, Iceland, Norway, Sweden and Denmark under the Agreement on enforcement of maintenance obligations (SopS 8/1963).

ARTICLE 3

The decision refers to a judgment in this law and to a decision of the court or other authority.

For the purposes of this Decision, the Decision shall be deemed to:

(1) an agreement made before a court or other authority which is enforceable in the State in which the reconciliation is made; and

(2) an agreement adopted by a court or other authority which is enforceable in the State in which the contract is established.

§ 4

A final decision on maintenance in a foreign law shall be valid in Finland and, if the decision has been issued by the competent authority and subject to a decision, shall be enforced in Finland and at the request of:

(1) an obligation under the relationship between the child and his parents to carry out maintenance periods prior to the date of the maintenance period of 21 years or of marriage; or

(2) maintenance payments to the spouse or to the former spouse.

§ 5

The issuing State authority shall be deemed to be competent:

(1) where the creditor of the debtor or maintenance was domiciled in a Member State when the case was initiated;

(2) where the debtor and the creditor were nationals of the State where the case was initiated; and

(3) if the debtor has expressly consented to the examination of the case by the authority or has failed to respond to the main proceedings.

In addition to the provisions laid down in paragraph 1, the authority of a foreign country shall be regarded as competent if maintenance is to be carried out on the basis of divorce, legal separation, annulment of marriage or annulment of marriage and marriage relationship The decision is based on the criterion of jurisdiction adopted by the Finnish law by the authority of the same State and the powers of that authority in the case of marital relations.

The finding by the issuing authority of the existence of the facts on which the authority has established its powers must be regarded as binding on the Finnish authorities.

ARTICLE 6

The provisions laid down in this law also apply to a decision on maintenance issued by the competent authority referred to in Article 4, which is not legal, and a temporary maintenance order, if the decision or order is: Enforceable in the State in which it was issued and the corresponding decision or order may be issued in Finland.

§ 7

Recognition or enforcement of a decision may be refused:

(1) if the recognition or enforcement of the decision appears to be contrary to the grounds of the Finnish legal order;

(2) if the content of the solution has affected the fraudulent conduct of the proceedings;

(3) if the same proceedings are pending between the same parties in Finland and the trial has been initiated before a trial which led to a decision rendered abroad;

(4) if a decision has been taken in Finland on the same subject; and

(5) if another State has adopted a decision on the same subject and that decision meets the conditions under which the decision is in force in Finland.

The recognition or enforcement of a decision adopted abroad cannot be refused pursuant to paragraph 1 (4) and (5) when a decision issued abroad has amended the decision referred to in these paragraphs.

In view of the fact that the defendant has not been in receipt of a decision in Finland, the decision is only recognised in Finland if the challenge or invitation which contains a statement of the essential content of the action has been notified to the defendant in accordance with the provisions of: In force in the State in which the decision has been adopted and the defendant has had sufficient time to reply to the circumstances.

§ 8 (4.3.1994/187)

Authority or other public-law institution (Authority) May request the recognition or enforcement of a decision, if the authority has the right to do so under the law of their own State, as well as the obligation to carry out maintenance payments either in advance or after recovery Legitimate.

§ 9

The decision to be taken at the request of the authority paying the maintenance referred to in Article 8 shall be valid and put into effect upon application by this authority if:

(1) in accordance with the law of its own State, the authority may recover the maintenance obligation it has paid; and

2) the debtor has a maintenance obligation to the person to whom the authority has paid maintenance also under the law of the State whose law is applicable in accordance with Finnish law.

ARTICLE 10

In the case of the implementation of the decision, the applicant shall, at the request of the applicant, grant a free trial without any liability to the State if the applicant has had, in whole or in part, a free trial in the procedure in which the decision was taken.

ARTICLE 11

The implementation of the decision is requested in writing from the Helsinki District Court. The application may also concern the partial implementation of the decision. (22/05/2015)

L to 25/2015 Paragraph 1 shall enter into force on 1 January 2016. The previous wording reads:

The enforcement of the decision is requested in writing from the Court of Appeal in Helsinki. The application may also concern the partial implementation of the decision.

The application shall be accompanied by:

(1) the decision as the original or certified by the authority;

(2) a certificate stating that the decision may be implemented in the State in which it was issued;

(3) when a decision has been issued against an deceased defendant, an original or certified copy of a document stating that the summons or summons containing the declaration referred to in Article 7 (3) have been notified to the State In accordance with the law in which the decision was made;

(4) when the applicant is a public authority, documents showing the authority's right to request implementation;

(5) if the party concerned wishes to receive a free trial within the meaning of Article 10, an explanation of the fact that the procedure in which the decision was taken has been granted in full or in part in the course of a trial; and

6) a certified translation into the Finnish or Swedish versions of the documents annexed to the application, unless the district court admits this derogation. (22/05/2015)

L to 25/2015 The amended paragraph 6 shall enter into force on 1 January 2016. The previous wording reads:

(6) a certified translation of the documents annexed to the application to the Finnish or Swedish language, unless the court of appeal admits this derogation.

Where the application is not accompanied by incomplete documents or documents referred to in paragraph 2, the applicant shall be given an opportunity to supplement his application within a reasonable period.

ARTICLE 12

Before the application for implementation is agreed, the debtor shall be given an opportunity to provide an explanation if his/her whereabouts in Finland are known.

ARTICLE 13 (22/05/2015)

Where the court has agreed to the application referred to in Article 11, the decision may be implemented in accordance with the provisions of the judgment of the Court of Justice on the enforcement of the judgment of the Court of Justice, unless the Court of Justice decides otherwise. If the foreign enforcement document contains a provision on the use of coercive measures, the order shall not be complied with.

L to 25/2015 Article 13 will enter into force on 1 January 2016. The previous wording reads:

ARTICLE 13

Where the court of appeal has agreed to the application referred to in Article 11, the decision may be implemented as provided for in the application of the judgment of the Court of Justice of Finland, unless the Supreme Court on the application for an appeal decides otherwise. If the foreign enforcement document contains a provision on the use of coercive measures, the order shall not be complied with.

ARTICLE 14

More detailed provisions on the application of this law shall be adopted, where appropriate, by a regulation.

The Regulation may provide that an official document on maintenance carried out by or in front of a foreign authority (authentique) , which is enforceable in the State in which it is concluded, may be recognised and implemented in accordance with this law in accordance with the conditions laid down in the Regulation.

§ 15

This Act shall enter into force on 1 July 1983.

Where maintenance has been established in a State party to the Convention referred to in Article 1 (1) before the Convention between that State and Finland has entered into force, this law shall apply only in respect of the maintenance periods which: Falling due after the entry into force of the Convention between the former State and Finland.

HE 247/82, II legal vms 19/82, of the family units 269/82

Entry into force and application of amending acts:

4.3.1994/187:

This Act shall enter into force on 15 March 1994.

THEY 60/93 , LaVM 28/93

10.12.2010/1080:

This Act shall enter into force on 18 June 2011.

THEY 144/2010 , LaVM 17/2010, EV 169/2010

19.4.2013/300:

The entry into force of this Act is laid down by a Council regulation.

This law is valid for A 468/2014 From 1 August 2014.

THEY 186/2012 , LaVM 1/2013, EV 24/2013 Council Decision 2011 /432/EU (32011D0432); OJ L 192, 22.7.2011, p. 39

22.5.2015/665:

This Act shall enter into force on 1 January 2016.

Any action brought before the entry into force of this Act shall apply to the provisions in force at the time of entry into force of this Act.

THEY 231/2014 , LaVM 34/2014, EV 340/2014