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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Read the untranslated law here: http://www.finlex.fi/fi/laki/ajantasa/1983/19830370

In accordance with the decision of the Parliament, provides for: 1 the decision on maintenance obligations Abroad of the article is valid and to be implemented in Finland in accordance with this law, if a judgment has been entered in the State, which is in the Hague on 2 October 1973 on the recognition and enforcement of decisions relating to maintenance obligations of the Convention for the party.
A regulation is necessary in order to provide that a State other than the State party to the Convention referred to in subparagraph (1) of the decision on maintenance obligations shall be valid and shall be implemented in accordance with this law, in Finland.
By way of derogation from paragraphs 1 and 2 of the Act provides for children and other family members on the international recovery of maintenance in the Hague Convention of 23 November 2007, of a State party to the decision shall remain in force and be implemented in Finland, as the agreement stipulates. On jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations of Council Regulation (EC) No 1782/2003 4/2009 shall apply to relations between the countries, however, the primary, which according to paragraph 2 of article 1 of the regulation in the Member States. (19.4.2013/300) (10.12.2010/1080), unless otherwise provided for in article 1 of the regulation referred to in the second subparagraph of article 69 (3), without prejudice to the provisions of this law are Iceland, Norway, Sweden and Denmark the decisions relating to the maintenance in force and enforceable in Finland, Iceland, Norway, Sweden and Denmark among the recovery of maintenance by enforcement of the agreement (Treaty Series 8/1963).

Article 3 of the Decision, for the purposes of this Act and the Court or other authority decision.
The law societies of the decision shall be deemed to be: 1) it is for the Court or other authority in front of the settlement, which is enforceable in the State in which reconciliation is made; as well as 2) it is for the Court or other authority for the agreement that is enforceable in the State in which the contract is finalized.

section 4 of the final judgment of the maintenance Abroad is no confirmation is valid in Finland and, on request, be here, if a decision is given by the competent authority and the decision concerns: 1) the relationship between the child and his parents, based on the obligation to perform the maintenance period before the creditor has complied a 21 year or entered into a marriage; or the spouse or former spouse 2) executable for maintenance.

Article 5 of the Decision, which is to be the competent authority of a foreign State shall be considered: 1) if the determination of the maintenance claim or the debtor's place of residence was in the State where the case was initiated;
2) if the debtor and the creditor were without prejudice to the nationals of the State where the case was initiated; and 3) if the debtor has expressly agreed to it, that authority is investigating the case, the failure to respond to the substance of the claim or is taken.
In addition to what is provided for in subparagraph (1), is to be the competent authority of a foreign State to be considered, if maintenance is to be carried out, legal separation, divorce, annulment of marriage or the marriage as a result of the decision on the peruutumisen relationship is the same State authority and this authority on the issue of the marriage relationship has been based on the powers of the Finnish law approved in the course of the procedure.
The decision of the authority which issued the statement of facts the existence of which the authority has based its jurisdiction, must be regarded as a binding of the Finnish authorities.

section 6 of the implementation of the provisions of this law also applies to article 4 shall be issued by the competent authority referred to in the decision on maintenance obligations, which is not legally binding, as well as an order for interim maintenance, if the decision or order is enforceable in the State in which it is delivered, and the corresponding decision or order may be given in Finland.

Article 7 of the decision on the recognition or enforcement may be refused: 1) If for the recognition or enforcement of the decision, apparently, is contrary to the public policy of Finland;
2 the content of the existence of the solution), if during the fraudulent procedure;
3) if the same issue on trial is pending between the same parties in Finland and this action is brought before the decision, which ended the trial abroad;
4) If a decision on the same subject have been issued in Finland; as well as 5) if another State has been given a decision on the same subject matter and this decision fulfils the conditions under which the decision is valid in Finland.
The decision on the recognition or enforcement abroad may not be refused on the basis of paragraphs 4 and 5, when a decision has been adopted abroad, the decision referred to in those paragraphs.
When the defendant has not been present in the issue, the decision is recognised in Finland only, if a writ of summons or invitation, containing notice of action essentials, the proceedings having been served on the defendant in accordance with the provisions thereof, that are in force in the State in which the judgment has been entered, and the defendant in the circumstances is not enough time to respond to the matter.

section 8 (4.3.1994/187) the authority, or other bodies governed by public law institution (the authority) to the creditor rather than the recognition of a decision on the implementation of the request or, if the authority has the right to their own country according to the law, as well as the obligation to carry out the recovery of the aid to be recovered after the form either of advances or of the maintenance creditor.

Article 9 of the Decision, which has been issued as referred to in article 8 of the child support paid authority, is valid and to be implemented by the application of this authority, if: 1) the authority may, under the law of their own State, the charge for which they have paid to the recovery of maintenance for the lex fori; and 2) the debtor has his domicile, the maintenance obligation for which the authority has paid child support on the basis of the laws of the State of the law, according to the Finnish law is to be applied.

on the issue of the implementation of article 10 of the Decision at the request of the applicant to be granted a free trial with no obligation to compensate for the State concerned, if the applicant has been in whole or in part, the free trial in the proceedings in which the decision has been given.

the implementation of article 11 of the Decision is requested in writing to the Court for the District Court of Helsinki. The application may also relate to the implementation of part of the decision. (22.5.2015/665)
L:lla 665/2015 modified the Act shall enter into force on the 1.1.2016. The previous wording: the execution of the decision is requested in writing by the Helsinki Court. The application may also relate to the implementation of part of the decision.
The application shall be accompanied by: 1) decision of the original or a copy certified by the authority;
2) proof that the decision may be enforced in the State in which it is issued;
3) when a judgment has been entered against the defendant in default, the original or certified true copy of the document which establishes that the challenge or the call, which include the section 7 of the Declaration referred to in paragraph 3, in accordance with the laws of the State of the notification of the decision, in which it is issued;
4) when the applicant is a public authority, documentary evidence of the implementation of the Authority's right to request;
5) If a party wants to get in as referred to in section 10 of the free trial, evidence that he is in the proceedings in which the decision was issued, granted in whole or in part the free trial; as well as 6) a certified translation of the Finnish or Swedish language documents that are attached to the application shall, subject to the District Court to grant this exception. (22.5.2015/665)
L:lla 665/2015 modified paragraph 6 shall enter into force on the 1.1.2016. The previous wording is: 6) a certified translation into the language of the Finnish or Swedish documents that are attached to the application shall, unless the Court of appeal to grant this exception.
If the application is not associated with the documents referred to in subparagraph 2 or the documents are incomplete, the applicant shall be given an opportunity within a reasonable period of time to supplement the application.

the implementation of article 12 of the application for extradition will be granted before, is the adoption of the Declaration, the debtor through administrative channels to be given an opportunity if his whereabouts in Finland is known.

section 13 (22.5.2015/665) When the Court has consented to the application referred to in article 11, the decision can be implemented, as the implementation of a final judgment issued by a court in Finland, unless otherwise required by the Court of Justice on appeal. If a foreign document contains the implementation of the use of coercive measures, the order has not been complied with.
L:lla 665/2015 modified section 13 shall enter into force on the 1.1.2016. The previous wording of section 13 of the Court of appeal is this: When has agreed to the application referred to in article 11 of the decision, to be implemented as the implementation of a final judgment issued by a court in Finland is provided, unless otherwise required by the Supreme Court of appeal. If a foreign document contains the implementation of the use of coercive measures, the order has not been complied with.

the application of the provisions of article 14 of this law shall be adopted, where the need for further regulation.

A regulation may provide that the foreign authority or in front of it was the official document maintenance (acte authentique), which shall be enforceable in the State in which it is made, can be recognised and enforced in accordance with the conditions laid down in this regulation in more detail.

Article 15 of this law shall enter into force on 1 July 1983.
If child support is established by article 1 of the Convention referred to in paragraph 1, a State party to the Convention in this state before, and Finland has entered into force, shall apply to this law only in the case of the payments due and payable after the Convention has entered into force between Finland and the former State .. THEY 247/82, II lakivk. bet 19/82, suvk. bet 269/82 acts entry into force and application in time : 4.3.1994/187: this law shall enter into force on 15 March 1994.
THEY'RE 60/93, 28/93 opening LaVM/1080: this law shall enter into force on 18 June 2011 at the latest.
THEY LaVM 17/144/2010, 2010, EV 169/2010 19.4.2013/300: the entry into force of this law provides for the regulation of the Council of State.
This law is in force in accordance with the 1.8.2014 A 468/2014.
THEY LaVM 1/186/2012, 2013, EV 24/2013, Council decision on 2011/432/EC (32011D0432); OJ L 192, 22.5.2015, p. 39/665 on July 22, 2011: this law shall enter into force on the 1 January 2016.
The issue, which has been initiated before the entry into force of this law, shall be applied upon the entry into force of this law, the provisions in force.
THEY LaVM 34/231/2014, 2014, EV 340/2014