Key Benefits:
Civil Code Book 1, Persons-and Family Law
1 All who are in the Netherlands are free and competent for the enjoyment of civil rights.
2 Personal serviceability of any kind or of any name shall not be tolerated.
The child of whom a woman is pregnant is marked as having already been born, so often its importance is progressing. If it's dead in the world, it's supposed to never exist.
1 The degree of blood clotting is determined by the number of births, which have caused the blood clove. This includes a recognition, a judicial finding of parenthood, or an adoption as a birth.
2 By marriage or by registered partnership, one spouse or registered partner and a relative of the other spouse or the other registered partner will be associated with the same degree of degree as there is. the relationship between the other spouse or the other registered partner and his/her blood relative.
3 Through the end of marriage or registered partnership, the adoring relationship is not lifted.
1 Everyone has the names given to him in his birth certificate.
2 The civil servant shall refuse to include in the certificate of birth names that are inappropriate, or correspond to existing sex names, unless they are also customary fornames.
3 The declarant shall not specify, or shall be refused all refusal without the principal to be replaced by one or more of the principal reasons, the official shall automatically give the child one or more of the names, and shall indicate expressly in the act that those names are of its own motion.
4 Alteration of the names may be ordered by the court at the request of the person concerned or his legal representative. The amendment shall be made by adding a subsequent entry to the instrument of birth, in accordance with the provisions of the Decision, in accordance with Article 20a, first paragraph . In the case of a change in the names of a person born outside the Netherlands, the court giving the order shall, of its own motion, be of its own motion, either by a charge of registration of the instrument of birth or of the act or of the judgment, Intended in Article 25g, first paragraph Either the Article 25c Decision.
1 If a child is only in family-related reference to the mother, it has her sex name. If a child is only family-related by adoption to the father, it has its generic name.
2 If a child comes to the father through recognition in a family relationship, it shall keep the mother's name, unless the mother and the expert in recognition jointly declare that the child is the generic name of the father. from the father. This declaration shall be recorded in the instrument of recognition. The first two sentences shall apply mutatis mutandis in the case of the recognition of an unborn child. However, parents may, on the occasion of their marriage or the registration of their partnership, jointly declare that their child will hencefory have the sex name of the other parent. A note of name selection shall be made out of this declaration. If a child comes to the father by judicial establishment of paternity in family law, it keeps the mother ' s sex name unless the mother and husband, whose fatherhood is set, is on the occasion of the birth. establish jointly that the child will have the sex name of the father. The court ruling on the establishment of fatherhood mentions the statement by the parents.
3 If a child by adoption comes in family law to both adoptants of different sex, married to each other, the child has the sex name of the father, unless the adoptive is on the occasion of adoption. collectively declare that the child will have the sex name of the mother. If the adopters are not married to each other, or if both are of the same sex and married to each other, the child shall hold the generic name it has, unless the adopters are jointly declared on the occasion of adoption that it will have one of their beider sex names. If a child comes to the spouse, registered partner or other companion of a parent by adoption in family law, it shall keep his name, unless the parent and his spouse, registered partner or other person, In order to ensure that the child will have the generic name of the spouse, registered partner, or other life, or the generic name of that parent, the person must jointly declare that the child will be the generic name. The court ruling on the adoption states the declaration of the adopters in this regard.
4 If a child is born to both parents by birth in family-related matters, the parents shall declare together before or on the occasion of the declaration of birth which of their worker's names will have the child. An instrument of name choice shall be made out of the statement of the parents made before the declaration of birth. The certificate of the parents who is made on the occasion of the declaration of birth shall be notified in the instrument of birth. The first three sentences shall apply mutatis mutandis if a parent and his spouse or registered partner who is not the parent jointly control the authority referred to in Article 3 (1). Article 253sa exercise or exercise over the child. The declaration which is not made on the occasion of the declaration of birth may be made before any official of the civil status.
5 A statement of name choice referred to in the fourth paragraph, before or on the occasion of the declaration of birth, shall be given by the child from birth. Where the name's choice is not made at the latest on the occasion of the declaration of birth, the official of the civil status shall, as the sex name of the child in the certificate of birth, record:
a. the sex name of the father in case the child is born to both parents by birth in a family-related relationship;
b. the generic name of the mother in case of a parent and his spouse or registered partner who is not the parent jointly by the authority of the authority as referred to in Article 3 (1). Article 253sa exercise over the child.
6 If the mother is after the child's birth on the basis of Article 199 (b) , the fatherhood of the deceased spouse or registered partner denies or on the grounds of Article 198, second paragraph , the motherhood of the deceased spouse or registered parnter denies and she has remarried at the time of birth and whether a new partnership has registered, the mother and her spouse or registered office may Partner together on the occasion of the denial state which of their worker's names will have the child. An instrument of name choice shall be made out of the statement of parents. In the absence of a declaration, the child shall have the sex name of the spouse or registered partner.
7 If, at the time of birth, a child is sixteen years or older, it shall declare itself to the civil servant of the law of civil status or of the notary, or, in the case of adoption, or judicial determination of paternity, to the judge whether it will have the generic name of one parent or the other. This declaration shall be recorded in the instrument of recognition or in the judicial decision relating to adoption or judicial adoption of fatherhood.
8 A statement from the parents referred to in the second, third, fourth or sixth paragraphs shall be made only in respect of the generic name of their first child. The first sentence shall apply by analogy with regard to the first child to whom the parent and his spouse or registered partner who is not the parent shall, by way of a joint, jointly control the authority of the person concerned. Article 253sa shall exercise or exercise. Without prejudice to paragraph 7, the following children of the same parents or children as to whom the same parent and the same spouse or registered partner who is not the parent shall, by law, exercise the authority jointly, the same germ name as the first child, except that in the event that subsequent children have, according to the birth certificate or applicable law, a name different from the name of the first child, parents may declare that the name of the child is This child will have the same sex name as the first child. Where the name of the declaration has been made before the birth or the declaration has been made in respect of a child who is or has entered the world inanimate, that choice shall be included in the instrument provided for in Article 19i, first paragraph , and she applies only to this child.
9 Is one of the parents prior to the date on which the choice of the name must have been made at the latest and the name choice is not done, the other parent shall make a statement on the choice of name. The same applies if one of the parents is, because of his physical or mental state of affairs, or if he or she is a mentorship.
10 Are the father and mother unknown, then the civil servant of the civil status in the birth certificate assumes a provisional first name and generic name, pending the royal decree involving the surname and sex name of the child. 3.
11 If, on the basis of the second to ninth member, a child whose father is of nobility does not obtain his generic name, the nobility does not go over to that child.
12 The sex name of children born of a marriage to a member of the royal house is determined by royal decree.
13 In the second, fifth and sixth members, the term 'mother' means the woman from whom the child was born. In these paragraphs the mother of the child and his "fatherhood" shall be treated as the mother who is not the wife of whom the child is born, or her mother, who is a child.
The generic name is made by the instrument of birth with regard to any one of them coercive.
1 The sex name of a person may be altered by the King at his request, or at the request of his legal representative.
2 He whose sex name or fornames are not known, can ask the King for him to establish a german name or surname.
3 A change or determination of the generic name by the King shall not affect the generic name of the children of the person concerned who, before the date of the decision, has become majority age or who are not under his authority.
4 A change or determination of the generic name by the King remains in spite of a subsequent recognition or a judicial finding of parenthood.
5 In the case of a general measure of management, rules shall be laid down concerning the grounds on which the sex-name change may be granted, the manner in which requests are submitted and treated as referred to in the first and second paragraphs, and concerning the for the change of the sex name due.
6 If our Minister of Justice intends to submit a proposal for a royal decree to grant an application as referred to in the first or second paragraph, he shall notify the applicant in writing and the person of his intention to submit a proposal for a decision of a kind which is not intended to be taken by the Court of Justice. whose sex name has been requested, and, if the request is on the sex name of a minor, directly from his parents and the person to whom the minor has been requested to change the sex name, whose alteration has been requested. The written notification of the intention shall be deemed to be a decision.
7 Our Minister of Justice shall make the written communication of the intention within 20 weeks.
He who pursues the name of another without his or her consent shall act against that person unlawfully, in so far as he creates the appearance of his other person or his or her family or family.
1 A woman who is married or who has been married or who has been registered or has been registered and who is not married after the termination of registration or has been remarried or has not entered into a registered partnership after termination of registration is always entitled to have the name of her spouse or of her registered partner or to do so before her or to follow her on her own sex name.
2 If marriage is dissolved through divorce and no descendants are in life or if the registered partnership is in the manner intended? Article 80c (c) or (d) The court, if there are reasonable grounds for doing so, may, at the request of the former spouse or the former registered partner, deprive the woman of the power conferred on it by the first member of the Court.
3 The first and second paragraphs shall apply mutatis mutandis to the man who has been married or has been married or has registered or been in a partnership and who is not married after termination of registration or has been remarried or it has not entered into a registered partnership after termination of marriage or has been re-entered into.
1 The domicile of a natural person is located in his residence, and in the absence of residential premises on the spot of his actual residence.
2 A legal person shall have his place of residence on the spot where he has his seat as prescribed by law or according to his statutes or regulations.
1 A natural person loses his residence by deeds, from which his will proves to give her prize.
2 A natural person is suspected of having moved his residence, when he has given knowledge of it to the relevant colleges of mayor and aldermen in the legally prescribed way.
1 A minor follows the place of residence of him who exercises his authority over him, the under curatele appointed by his curator. Both parents shall exercise together the authority of their child, but they shall not have the same place of residence, the child shall follow the place of residence of the parent to whom it actually resides or has last resided.
2 When a person's goods are under government, he shall follow the place of residence of the director for all the exercise of that rule.
3 When, for the benefit of a person, a mentorship is established, he shall follow the mentor's place of residence in respect of everything relating to the exercise of that mentorship.
4 The first, second and third paragraphs shall not apply in so far as it relates to the relative jurisdiction of the court during a course of office, as referred to in Article 3 (1), Title 19 and a mentorship. The same applies if, in respect of a person, a curatele, a mentorship or a reign as intended Title 19 and also a regime as referred to in Section 7 of Title 5 of Book 4 or a regime as referred to in Article 182 of Book 7 be in force and the competent court judge has appointed the other court judge as having sole competent authority.
5 Where the person, whose place of residence is derived, dies or loses his or her authority or his capacity, the secondary residence shall continue until a new place of residence has been obtained.
The deathhouse of a deceased is there, where he has had his last residence.
A person holding an office or a branch shall, in respect of matters relating to the office or branch of that branch, be domicile there.
A person may choose a place of residence other than his/her actual only where the law requires him to do so, or when the choice of contract concluded in writing or by electronic means for one or more specified legal acts, or Legal relations shall take place and a reasonable interest shall be provided for the chosen place of residence. If the choice is made in the case of an agreement by electronic means, Article 227a (1) of Book 6 applicable mutatis mutandis.
1 In each municipality are two, or, at the discretion of mayor and aldermen, more civil servants of the civil stand. In addition, one or more civil servants of the civil status may be entrusted with the performance of certain tasks. They shall be the title of an official of civil status. A civil servant of the civil status, who does not fulfil the requirement of the required condition set out in paragraph 2, shall not be taken into account for the calculation of the number mentioned in the first sentence.
2 The officials referred to in paragraph 1 shall be appointed, suspended or dismissed by the Mayor and aldermen. An appointment may take place for a specified period of time. As an official or special civil servant of civil status, only the person who does not make a distinction in the performance of his duties shall be subject to appointment as an official or an official of civil status. Article 1 of the General Act on equal treatment , unless the distinction is based on a legal requirement.
3 Official of the civil status of a municipality may only be an official employed by the municipality or other municipality. An official of civil status may also be a person who is not a civil servant in municipal service.
4 The official or special civil servant of the civil status shall not be admitted to his or her jurisdiction until after the court to whose jurisdiction the municipality is to be appointed for the first time the following oath or promise. have come:
" I swear (Promise) that I will fulfill the respect of civil servant status with honesty and accuracy and that I will follow the legal regulations, the civil stand concerning, with most conscientiousness; that I in addition, to obtain my appointment, medic nor immediately, under any name or pretext, gave or promised to anyone, and that, to do or leave something in this regard, no one will make any promises or gifts. Assume, be mediated, or immediately. So help me God almighty ". ("I declare and promise you").
5 When the oath or promise referred to in paragraph 4 is made in the Frisian language, the text of the oath or promise shall be as follows:
" I swar (ûnthjit) that I am the funksje fan amtner fan de boargerlike stân mei earlilishness and soarchfâldicheness útoefenje sil and that I run the wetlike foarskels oangeande de boargerlike stân op ' en sekuersten neikomme sil; that I fierders, foar it chalk fan myn oanthesis, streekrjocht noch midlik, ûnder hokker namme or útwynsel dan ek, oan immen eat jûn or tasein haw, and that i, to eat yn dizze funksje too fooan or to litten, fan gjinien tasizzingen or geskinken, likefolle hokker, oannimme sil, midlik or Streekrjocht. Sa whose helpe my God alauthorich ". ("That Ferklearje and ûnthjit I").
1 The official of the civil status shall be responsible for recording in the records of the civil status of documents held by him and the subsequent entries thereto, together with all the provisions relating to the maintenance of registers and the care of the courts. in the case of access to the data contained therein.
2 The special civil servant of the civil status may be entrusted solely with the tasks described in the Articles 45 , 45a , 58 , 63 , 64 , 65 , 67 , 80a, third member , and 80g .
Where the civil servant of the civil status in the performance of his duties is legally acting on the basis of any provision of this title or of any other title of this book, he shall be able to do so without a lawyer.
Mayor and aldermen determine the hours, on which each office of the civil stand will be open daily for the public. In order to minimise the work of civil servants on those days, a separate system is to be applied to the Saturday, Sunday, public holidays and other public holidays in the Member States, to the extent possible. appoint mayor and aldermen for days where municipal services have not been opened or only partially opened.
A general measure of management shall be governed by the rules governing the provisions to be taken by the College of Mayor and Aldermen for the purpose of carrying out the duties of the civil servant and, in addition, to any further the task of civil servant status.
1 There are registers of births, marriages, registered partnerships and death for each municipality.
2 There is a register in the ' s-Gravenhage Municipality, in addition to the registers listed in paragraph 1, for registration of the in Section 6 Court rulings.
1 The registers of civil stand shall be kept in the town hall until they go to a municipal archichstore in the sense of Archive Act 1995 ( Stb. 276) are transferred.
2 The transfer to the municipal archives of the register of births, of marriages or of registered partnerships and of death in the town hall is first to be a hundred years, Seventy-five years and fifty years after the closure of these registers.
The administrator of an archive store as intended in Article 17a be responsible for the preservation of the records held by him, with the addition of subsequent endorsements to the documents contained therein and the issue of copies and extracts of those acts.
In the case of a general measure of management, everything is regulated as regards the establishment of the registers, as well as the Article 17b the acts listed in respect of those registers.
1 The official of the civil status may only include in the acts, which is to be declared or recorded by virtue of the application or by virtue of the law.
2 Before drawing up an instrument, the civil servant shall verify the information supplied by the parties to the act by consulting the basic registration persons and, if necessary, other registers to this effect; or competent authorities, without being required to be subject to a fee.
3 The official of the civil status shall also have jurisdiction, whether in person or not, to show any documents which he considers necessary for the purpose of drawing up the instrument or for the purposes of determining the information to be taken up in the act.
4 [ Red: This member has not yet entered into force.]
5 In the case of general administrative measures, all the forms of documents shall be governed by the rules.
1 Parties to an act of civil status shall be those who submit to the official of the civil status a declaration or to him to make a statement concerning a fact of which the act is intended to be shown.
2 The parties concerned are parties which, by their attestation, produce any legal effect for themselves or for the parties, or for themselves and parties.
3 The interested parties may be represented by a representative duly empowered to that effect.
4 When a Plenipotentiary makes a statement, he shall apply as well as the person represented by him as a party to the act.
5 The official of the civil status shall not suffer any act in which he himself appears as a party or an interested party.
1 For the reliability and confidentiality of the electronic declaration, as well as the format and storage of a deed in electronic form, a data processing system shall be used:
a. The official of civil status enables the accuracy of the identity of the declarant to be established;
(b) ensure the confidentiality of the information provided by the declarant;
(c) ensure that electronic acts are as intended Article 18 (4) , stored in such a way that the content is accessible for future use and ensures unaltered reproduction of the content of the acts;
(d) ensure that a message, electronic copy or extract is complete and that it is not unauthorised or may be modified.
2 In the case of a general measure of management, the detailed rules laid down in paragraph 1 may be laid down.
1 Remains a party to an act of civil status or any interested party fails to act in Article 18, third paragraph If the said documents were to be submitted, or the civil servant of the civil status was not sufficiently satisfied, it shall refuse to proceed to the completion of the instrument.
2 The official of the civil status shall also refuse to take up the act if he considers that the Dutch public order is opposed to it.
3 The official of the civil status of a refusal referred to in the first or second member shall send a written, reasoned notice to the parties to the act and to the interested parties, indicating the parties to the proceedings, giving the reasons for the decision to be taken against the parties concerned. that refusal open supply of Section 12 of this title. A copy of this communication shall be forwarded to the Immigration and Naturalization Service.
1 Of all the documents of civil status included in registers shall be held by a double or a copy, in accordance with rules, to be drawn up by general administrative action.
2 In the case of a general measure of management, everything shall be governed by the retention of the double and the copies, and the subsequent entries relating thereto.
3 When instruments of civil status have been lost or mutilated, a copy of the double of the instruments shall be replaced by one or more Central Stock places to be appointed by our Minister of Justice. where the dime is stored. The copies shall replace the documents which have been lost or mutilated.
A list of the instruments to be replaced, which shall be published in the Official Journal.
5 The costs for the replacement of instruments of civil status shall be borne by the State, unless it is the replacement of documents held by a municipality. In the latter case, the costs of replacement shall be borne by the municipality.
6 Our Minister of Justice may lay down detailed rules on the way in which the replacement of the acts is to be carried out.
1 An instrument of birth shall be drawn up by the official of the civil status of the commune in which the child was born.
2 If the place of birth of the child is not known, the document shall be drawn up by the official of the civil status of the municipality where the child was found. That municipality applies as a municipality where the child was born.
1 In case of birth in Dutch territory in a moving vehicle or on a sailing vessel or during a domestic airtrip with an aircraft, the instrument of birth is made up by the civil servant of the municipality where that child exits the vehicle, ship or aircraft, or where the vessel chooses berth. That municipality applies as a municipality where the child was born.
2 In the case of birth during a sea voyage with a vessel registered in the Netherlands or during an international air voyage with an aircraft registered in the Netherlands, the commander of the vessel or aircraft shall be obliged to (i) to enter into the journal provisional instrument of birth within twenty-four hours, in the presence of two witnesses and, if possible, of the father. The commander shall forward a copy of that instrument to the civil servant of the Municipality of Gravenhage as soon as possible. It shall make the instrument of birth on the basis of the copy received, provided that it complements or improves as far as possible data which are missing or which it appears to be incorrect. An extract of the act shall be sent to the persons to whom the act relates.
If the place or day of birth of the child is not known or if the name, including the previous names, of the mother from whom the child was born is not known, the certificate of birth shall be drawn up in respect of those points. an order and in accordance with the instructions of the Public Prosecutor ' s Office.
Its pursuant to Article 5, 10th paragraph of this book The official of the civil status shall immediately send a complete copy of the instrument to our Minister of Justice.
1 If the sex of the child is questionable, a birth certificate shall be drawn up stating that the sex of the child has not been established.
2 Within three months of the date of birth, or, in the event of death, on the occasion of the declaration of death, a new certificate of birth shall be drawn up at the same time as the act referred to in the first paragraph, in which the sex, if it has now been established by means of a medical certificate submitted in this respect.
3 Is not a medical certificate submitted within the time limit specified in paragraph 2, or it is apparent from the medical certificate submitted that the sex has not been established, the new birth certificate stating that the sex of the child may be could not be determined.
1 To the declaration of birth, the mother shall be entitled to whom the child was born.
2 Until the declaration is made, the father or mother whose child was not the child shall be obliged to declare that they are not born.
3 Where the person referred to in paragraph 2 is absent or prevented from making the declaration, the declaration shall be compulsory:
a. any person who comes to the world who comes to the world has been present;
(b) the occupant of the house where the birth has taken place, or if it has taken place in a nursing or care facility, in a prison or in a similar establishment, the head of that establishment or any other person Private act shall be subject to the declaration of appropriate subordinate.
4 For one in paragraph 3, B , the person mentioned consists of the obligation only if one is to A was missing or prevented from being named.
5 Where the declaration is missing or compulsory, the declaration must be made by or because of the mayor of the municipality where the birth certificate is to be drawn up.
6 The declaration obligation must be fulfilled within three days of the day of delivery. Notice of a declaration later than the third day referred to in the first sentence of this paragraph shall be communicated by the official of the civil status to the public prosecutor.
7 The civil servant shall establish the identity of the declarant on the basis of a document as referred to in Article 3 (1). Article 1 of the Identification Light Act .
8 In the declaration, the civil servant of the civil status may submit a statement made by the doctor or midwife who is present at the world of the child, statement that the child is from the person given as a mother. born. If the child has come outside the presence of a doctor or an obstetrician in the world, he may present himself to a declaration made by such an aid provider.
9 No action shall be taken on the request of the official of the civil status to produce a statement as referred to in the eighth paragraph, or, in the statement, that the identity of the mother from whom the child was born is unknown, then is Article 19b applicable.
1 An act of death shall be drawn up by the official of the civil status of the municipality in which the death took place.
2 If a body is found and the place or day of death cannot be determined with sufficient accuracy, the instrument of death shall be drawn up by the official of the civil status of the commune in which the corpse was found or -to land.
(3) Regardless of the provisions of paragraph 1, the second paragraph shall apply mutatis mutandis if the death has occurred on a sea-based installation and the corpse is landed in the Netherlands.
1 In the event of death on Dutch territory in a moving vehicle or on a sailing vessel or during a domestic air voyage with an aircraft, the act of death shall be made by the civil servant of the civil Municipality where the body leaves the vehicle, the ship or the aircraft, or where the vessel chooses berth. That municipality shall be the municipality of the municipality in which the death occurred.
2 In the event of death during a sea voyage with a vehicle registered in the Netherlands or during an international air voyage with an aircraft registered in the Netherlands, the pilot-in-command of the vessel or aircraft shall be obliged to To register a provisional act of death within twenty-four hours in the journal, in the presence of two witnesses. The commander shall send a copy of that instrument to the official of the civil status of the Municipality of Gravenhage as soon as possible. It shall make the act of death on the basis of the copy received, provided that it complements or improves as far as possible data which are missing or which it appears to be incorrect. An extract of the act shall be sent to the persons to whom the act relates.
1 The declaration of death shall be subject to the competent authority of the person who has knowledge of his own knowledge.
2 Within the Article 16 of the Act on funeral services provided for burial or cremation, the person providing for the funeral may be authorised by a person referred to in the first paragraph to make the declaration. In this case, the declaration may also be made electronically by the authorised representative if this road has been opened.
3 The identity of the declarant shall be determined on the basis of a document as referred to in Article 1 of the Identification Light Act , or otherwise, to be determined by other means of administrative action.
4 The declarant shall provide at least the following particulars of the deceased:
a. Sex name, forename and sex of the deceased;
b. as far as is known, place and day of birth;
c. place, day and, if possible, the time of death and
d. his marital status and
e. his last known residential address or place of residence.
5 Where the declaration is missing persons or omissions within the person responsible for the declaration Act on the funeral services the time limit for the burial or cremation to be reported, shall be made by the mayor of the municipality where the act of death is to be drawn up.
6 In the cases specified in Article 19 f. , second and third members The declaration shall be made by the judicial officer of the judicial authority.
1 When a child has come lifeless in the world, an act shall be drawn up, which shall be entered in the register of death.
2 When a child within the in Article 19th, sixth paragraph , a period of time has passed before the declaration of birth has been declared, both an instrument of birth and an instrument of death are drawn up.
3 In the cases referred to in the preceding paragraphs, the declaration shall be Article 19h applicable mutatis mutandis. In the case referred to in the second paragraph, Article 19th external application.
4 In the case referred to in paragraph 1, the official of the civil status shall, as soon as possible, communicate to the Central Statistical Office the information relating to that child, as set out in the form to be used for that purpose, to be used by him established by Our Minister of Security and Justice.
1 In the case of a general measure of management, the documents to be submitted to the official shall be governed by the form of the documents, the provisional instruments of birth and the death, and the content thereof.
2 In the case of a general measure of management, it shall also:
(a) how and where the acts of birth and death are to be made out and registered when, as a result of a ban on movement or due to other exceptional circumstances, it cannot be carried out in the ordinary manner; and
b. by what means and where death certificates will be drawn up of soldiers and other persons belonging to the armed forces and who have died, in the battle, or in the State Department outside the Netherlands.
1 Any person having his usual place of residence in the Netherlands may request the official of the civil status of his residence to issue an attestation drawn up in accordance with Annex I to the Paris Agreement on 10 September 1998. Agreement reached on the issue of attestation of the vita (Trb. 2004, 283).
2 The applicant shall appear in person for the official of the civil status of his residence or for the diplomatic or consular authority responsible for that purpose in the Netherlands, unless he is in a position to be unqualified. He shall demonstrate his identity by means of a document as referred to in Article 1 of the Identification Light Act .
3 The attestation shall be valid for six months from the date of issue. It shall be exempt from the requirements of translation and of legalisation or of any such formal requirement.
4 The attestation the vita is issued in the Dutch language and in the French language. Upon request, it shall also be issued:
a. the list of encodings and their translation into the official language or one of the official languages of the country where the attestation is to be produced; or
(b) translation into the official language or one of the official languages of the countries which are party to the Agreement referred to in paragraph 1. The translation shall be carried out in accordance with the terms set out in the Annex to the Agreement.
5 Any interested party may, in respect of attestations, the vita which has been issued in another country which is a party to the Agreement referred to in paragraph 1, the civil servant of the civil status of his or her place of residence or the person concerned to that effect in the Netherlands request the competent diplomatic or consular authority to issue:
a. a translation of the encodings into Dutch; or
b. a translation of the attestation de vita into Dutch.
1 The civil servant shall add to the civil status documents of the civil status which are held under him, subsequent entries of the documents of the civil status and other authentic instruments containing name-choice, recognition, denial of fatherhood Mother and motherhood, of decisions amending or fixing names, of confirmations of options, including the adoption of names and naturalization acts, amending or setting out names and decisions withdrawing such confirmations or decisions from the declaration of different names a person who holds more than one nationality, in accordance with the law of the country of which he is a member of a nationality, of instruments involving the termination of a registered partnership, of instruments of conversion of a kind used in the territory of the Member State of the registered partnership, amendment of the entry of the sex after a declaration as intended Article 28 , as well as of court judgments of which the day of the day is at least three months old, and which include:
a. a burden to change the pronnames or the generic name, an adoption, a revocation of an adoption, a destruction of a recognition, a judicial adoption of parenthood, a well founded denial of the name of Fatherhood or motherhood, or, or destruction of, such a ruling;
(b) the annulment of a marriage or a registered partnership, or the destruction of such a ruling between spouses or registered partners whose marriage certificate is subject to a registered partnership, or act of conversion of a registered partnership or marriage into the Dutch registers of civil status is included.
2 The official of the civil status shall also add to the instruments of civil status, which shall be based on him, subsequent entries in the power of res judiced judgments which have been res judiced to a divorce or to the dissolution of a court of civil law. registered partnership, a dissolution of a marriage after separation of the table and bed or the destruction of such a ruling between spouses whose marriage certificate, record of registration of a partnership or deed of conversion of a marriage certificate, registered partnership or marriage in the Dutch registers of civil status is included, means holding.
1 The in Article 20 in the case of subsequent entries, with the exception of the entries referred to in paragraph 1 (b) and the indications on the termination of a registered partnership and the indications of a conversion of a registered partnership to the other Member States; partnership, shall be added to the birth certificate of the person concerned. A modification or determination of the generic name shall also be added to the birth certificates of the children of the person concerned, to the extent that the alteration or establishment extends to them.
2 The in Article 20 (b) and (second) , subsequent endorsements and the entries in the Introductory sentence of Article 20, first paragraph, the termination of a registered partnership and the conversion referred to therein shall be added to the marriage certificate or to the act of registration of a partnership of the person concerned.
3 If, as a result of marriage or divorce, a change occurs in a person's generic name, a subsequent entry shall be added to this act, provided it is not mentioned in the marriage certificate. A subsequent entry shall also be added to the birth certificate of the person concerned and the birth certificates of his children, to the extent that their names also change.
1 Of instruments and judgments made or made by a competent authority outside the Netherlands in accordance with local rules and having a corresponding effect as the acts and judgments of the Member States in accordance with the rules of procedure Article 20 , unless the Dutch public order opposes, at the request of an interested party or of its own motion, a subsequent entry shall be added to the relevant in the registers of civil law by the civil servant of the civil service. status of a common marriage certificate, act of registration of a partnership, deed of conversion of a registered partnership or marriage or birth certificate. A change of the generic name shall also be accompanied, at the request of an interested party, to the birth certificate of the children of the person concerned, to the extent that their names also change.
2 Where a subsequent entry has been automatically added to an instrument, the official of the civil status shall send a copy of the instrument and the subsequent statement to the person or persons to whom the act relates.
The Article 18 and 18c shall be applicable mutatis mutandis.
In the case of a general measure of management, it shall be regulated as regards the documents to be submitted to the official, the compilation of subsequent entries and the content thereof.
1 Of the Article 20, first paragraph The Registrar of the college in respect of which the case was last brought shall send a copy to the official of the civil status of the college in respect of which the case was last lodged not earlier than three months after the date of the decision.
The Minister of Justice shall, without delay, send a copy to the civil servant of the civil status of which the person responsible for the change or determination of the names and of the names and of naturalization acts, amending or adopting naturalization decisions, act of birth of the person concerned.
3 The notary which has drawn up an instrument of recognition shall without delay send a copy of the certificate or an extract thereof to the official of the civil status of which the instrument of birth of the child is based.
1 The official of the civil status who takes the particulars of an instrument of choice in the act of birth of the child shall send a copy of that certificate to the civil servant of the civil status who made up the document of the name of the name. This Act shall be retained until 18 months have elapsed after the receipt of such a copy.
2 The official of the civil status which adds a subsequent entry of the name's choice, the recognition to the act of birth of the child, shall send a copy of that certificate and the subsequent statement to the persons to whom the act relates. He shall forward a copy to the civil servant of the civil status of which the instrument of name's choice has been made. The latter act shall be retained until 18 months have elapsed after the receipt of the copy of the certificate or, if such copy is not received, until 18 months have elapsed from the date of completion of the instrument.
A civil servant who adds a subsequent entry to the birth certificate of a minor, certifying that the minor has been recognised, or that a name of him has been modified, shall notify the depositary of the offence. Article 244 of this book 'public register' means any legal facts relating to that minor.
1 The official of the civil status of the Gravenhage shall issue documents of registration in force of res judiced judicial decisions relating to marriages or registrations of a partnership, the acts of which are not in the Dutch Records of civil status are included, which mean the annulment of a marriage or a registered partnership, a divorce, the dissolution of a registered partnership, the dissolution of a marriage after divorce of the table and bed, or the destruction of such a registered judgment, or termination of a registered partnership, specified in Article 80c (c) Or the destruction of that.
2 The acts referred to in paragraph 1 shall be entered in the register of the civil status of the Hague.
3 In the case of a general measure of management, the documents to be submitted to the official shall be drawn up, as well as the drawing-up of the tender documents and the content thereof.
1 The instrument of birth shall prove to any person who is born on the place, day and hour indicated in the instrument, of the mother mentioned therein, of a child of the genus mentioned therein. The act shall indicate that the place of birth of the child is not known, the same evidential value shall be given to the indication of the place where it was found.
2 The instrument of death shall prove in respect of any person, that at the place, the day and the hour, mentioned in the instrument, the person mentioned therein has died or, if the instrument is to be taken by virtue of the provisions of the article 19f, second paragraph, of this book is made out that the body of the person mentioned therein was found in the document on the place, the day and the hour, in the deed.
3 For the rest, instruments of civil status shall have the same evidential value as other authentic instruments.
Authentic copies or extracts, drawn up in the legal form and issued by the competent depositary of the register, shall have the same evidential value as the original, unless it is proved that they do not correspond to them.
The instruments of civil status, including the duplication of such acts, shall be open to the public in so far as such provision has not been provided for in this Section.
Only the depositaries and the public prosecutor shall have access to the instruments of civil status. In addition, the court and the public prosecutor may order the submission of instruments.
1 Each person shall be empowered by the official responsible for the issue of copies of and extracts of civil status documents, an extract of a certificate of birth, marriage, registration of a person held under that official, of a certificate of civil status. to issue a partnership, transformation of a marriage in a registration of a partnership, from the conversion of a registration of a partnership into a marriage or of death. The extract shall contain the information to be entered by a general measure of management, which does not show the lineage of the person or persons to whom the act relates.
A copy shall be issued by the mother of the acts referred to in paragraph 1, together with the instruments of recognition or denial of fatherhood or motherhood, only if the applicant proves that he is justified in obtaining such a copy. Interest. A copy of other acts which the official referred to in paragraph 1 shall be based on shall be issued with a copy. This copy shall contain the information to be entered in the course of a general measure.
3 A request for the issue of an extract or a copy shall relate to a particular person or to certain persons.
4 In the case of general management measures, it shall also cover all copies of copies and extracts thereof. It also lays down rules for the abstraction of extracts of documents drawn up before the entry into force of this Act.
5 Refusal to issue a copy or an extract from the official referred to in the first paragraph shall provide the applicant with a written statement of the grounds for his refusal.
The double of the instruments of civil status shall be public as long as they are governed by the official of the civil status.
1 Supplement of a register of civil status with a document missing or a reference to it, removed from a document in which it was wrongly entered in it, or a statement of the act or improvement of any act or particulars appearing therein; which is incomplete or contains a misstroke, may be ordered by the court at the request of interested parties or by the Public Prosecutor ' s Office. The court may, in its decision to improve an instrument or any subsequent statement which is incomplete or contains an abuse, also order the same improvement in respect of an act or a subsequent entry relating to the same person or his descendants, who have been included in the registers of civil status outside of her jurisdiction. The jurisdiction referred to in the second sentence may be exercised in respect of an act or a subsequent entry relating to the same person or his descendants who are in the registers of the civil status of public bodies of the public sector, Saint- Eustatius and Saba is included.
2 The Registrar of the College for which the case was last brought forward a copy of that copy not earlier than three months after the day of the decision to the official of the civil service of the commune, in whose registers the act or council is to be taken. must have been or should have been included. If this municipality has been removed, it shall send the copy to the official of the municipality in whose archives the registers of civil status of the dissolved municipality are held.
Obvious write-or spelling errors and obvious errors may be improved automatically by the civil servant of the civil service. If, in another municipality, an act concerning the same person or his descendants is held, which is also required to improve, the official of the civil status which has made the improvement in the instrument shall inform the official of the Civil status in the other municipality shall be informed thereof.
1 Supplement of a register of civil status on the basis of Article 24 shall be made up by the establishment of a new instrument in that register.
2 An improvement or removal by virtue of this section shall be added to the instrument in question, according to rules, to be made in the case of a general measure of management.
1 Outside the Netherlands, in accordance with local regulations, acts of birth, marriage certificates, documents of registration of a partnership and the acts of death made by a competent authority shall be made on the order of the public prosecutor's office or on the order of the the request of an interested party entered in the registers of births, marriages, registered partnerships and the death of the municipality of Gravenhage, where:
(a) a person who, at the time of the request, is Dutchman or has not been a Dutchman or a Dutch national of the Netherlands at the time of the request;
(b) The instrument shall be a person lawfully residing on the basis of Article 8 (c) and (d) of the Aliens Act 2000 .
2 Outside the Netherlands, acts of birth made by a competent authority in accordance with local rules shall be entered in the register of birth certificates at the order of the public prosecutor's office or at the request of an interested party. ' s-Gravenhage Municipality, where the instrument concerns a person of foreign nationality and a subsequent entry must be added to the instrument of birth on the basis of any provision of this book.
3 The official of the civil status of the Commune ' s-Gravenhage may also, of its own motion, register the acts referred to in the preceding paragraphs.
4 If the enrolation of a marriage certificate or an instrument of registration of a partnership under the first paragraph is requested by an interested party and relates to a marriage or a registered partnership between persons of whom there is a non-Dutch nationality or lawfully residing in the Netherlands as intended Article 8 (b), (d) or (e) of the Aliens Act 2000 The spouses or registered partners must, for the benefit of the civil servant of the Municipality of Gravenhage, make a statement on the right of residence of the spouse or registered partner who does not have the right to reside. Nationality of the Netherlands, and in the event that their marriage or registered partnership has not been entered into with the purpose of obtaining the right of residence in the Netherlands. The declaration shall not be required if:
a. Since the marriage of marriage or the registration of the partnership has expired at least ten years; or
b. marriage or registered partnership has now ended.
In the case of adoption, the court shall, on its own initiative, order separately the registration of the instrument of birth referred to in the first and second paragraphs.
6 The instrument of invitation to tender shall state the information to be determined by a general measure of management.
7 Manifest errors or errors of writing or spelling, which the civil servant shall determine in the instrument set out in the register of civil status in the act to be entered in the register or on the basis of a court or tribunal of the European Parliament, Judgment may be improved by him of his own motion. The improvements shall be stated separately in the Act.
8 Where an instrument is registered ex officio of its own motion, a copy of the instrument of registration shall be forwarded to the person or persons to whom the act relates.
If, after registration, obvious misdeeds have been improved by a competent authority in the Member State outside the Netherlands, the improvement in the instrument of registration shall be made by reason of the fact that the official of the civil status of the Municipality of Gravenhage, to whom a copy of the decision for improvement and a copy of the improved instrument have been submitted, a further indication of the improvement to the instrument of registration to add.
2 Manifest written and spelling errors, which have been improved by a competent authority in the act of the competent authority in the non-member Netherlands, can also be carried out by the Public Prosecutor, without the permission of the Public Prosecutor, of the official of the civil status of the Municipality of Gravenhage, on the basis of a copy of the enhanced act, shall be improved on the basis of the procedure laid down in paragraph 1.
To the instrument of invitation to tender referred to in Article 25 , the subsequent entries to be added to a certificate of birth, marriage certificate or death certificate made in the Netherlands on the basis of this book shall be added.
1 If, in respect of a person born outside the Netherlands, no act of birth has been drawn up or can be presented by a competent authority in accordance with the local regulations, a public prosecutor's request may, of the official or civil servant of the Municipality of Gravenhage, the Court of The Hague, shall establish the information necessary for the completion of the certificate of birth if:
a. that person is Dutchman or was either at some time Dutchman or Dutch national non-Dutchman;
b. that person is legally residing on the basis of Article 8 (c) and (d) of the Aliens Act 2000 ;
On the basis of this book, a subsequent entry to the instrument of birth must be added.
2 The court shall take into account all evidence and indications of the circumstances under which, and the time at which the birth must have occurred. The generic name, the surname, the place and the date of birth of the father and the mother shall be determined to the extent necessary for such indications.
3 In the case of adoption, the court ruling on the adoption shall, on its own motion, separately issue the decision referred to in the first paragraph.
The Court of The Hague may, at the request of the Prosecutor ' s Office, from any interested party or from the civil servant of the Civil Assembly of the Municipality of The Hague Article 25c change decision on the ground that the data determined are incorrect or incomplete.
1 The Registrar of the college in respect of which the case was last brought forward not more than three months after the day of the decision, to the official of the civil status of the commune in Gravenhage.
2 This official makes the decision referred to in the Article 25c a deed of invitation to tender, which shall apply as an instrument of birth within the meaning of Article 19 of this book. This Act shall be in accordance with the Decision and shall state its explicit reference.
3 Of the order referred to in Article 25d , a subsequent entry shall be added to the instrument referred to in the preceding paragraph.
(1) Acts and judgments which have been drawn up or made by a competent authority outside the Netherlands in accordance with the local rules and have a corresponding effect as the customs authorities of the Netherlands Article 25 C of this book Those decisions are the following: Articles 25 to 25 B applicable mutatis mutandis. The invitation to tender as referred to in Article 25 does not take place if the Dutch public order is opposed to this.
In the case of adoption of a child born outside the Netherlands in respect of which an act or judgment referred to in the preceding paragraph has been drawn up or made, the court ruling that the adoption of such a decision shall, on its own initiative, give its own motion a separate charge on the registration of a child who is not that act or judgment.
1 Any person having a legitimate interest in doing so may ask the court to issue a declaration of law which includes any act or judgment made outside the Netherlands, in accordance with the local authority. rules have been drawn up or made by a competent authority and are in its nature subject to inclusion in a Dutch register of civil status.
2 The statement of law referred to in paragraph 1 may also be issued at the request of the civil service official or of the public prosecutor.
The court may, on application or ex officio of its own motion, at the time of first paragraph of Article 26 of the said declaration for the right also to the addition of a later statement, on the basis of Article 24, first paragraph , order of a deed in the Dutch registers of the civil status.
In the absence of a document concerning the applicant in the Dutch registers of civil status, the court of the Hague may, on application or of its own motion, also, in accordance with its decision, submit the tender in accordance with the procedure laid down in Article 4 of the Article 25 In the register of the civil status of the Gravenhage in the register of the Hague, and the improvement of the instrument of registration on the basis of the provisions of the European Parliament, the Article 24, first paragraph . It may also, in its decision, be a burden as envisaged in the Article 25c provide a burden of improvement, according to Article 24, first paragraph , of the act to be made by the civil servant of the Gravenhage in the Hague.
The presentation of an authentic copy of the foreign act or judgment to which the request relates may be required. Article 986, third and fourth paragraph, of the Code of Civil Procedure shall apply mutatis mutandis.
The Registrar of the College, as last amended, shall send a copy of the order to the official of the civil status of whose registers a document relating to the person concerned is recorded, to which a later date of appeal may be drawn up. An indication of the order must be added. If a charge of registration of a document issued abroad has been submitted to the decision, the Registrar shall send a copy of the order to the official of the Civil status of The Hague.
On the basis of a decision by an official of civil status, Article 18c or 20c refuse to establish a civil service instrument, add a subsequent entry to an act or, in the case of a stout of marriage or registered partnership and that of issue of a copy or an extract, to carry out an operation, interested parties have the power to apply to the court within a period of six weeks from the dispatch of that decision to the court within whose jurisdiction the official of the civil servants of the civil society is situated. It is located.
At the request of an interested party or of its own motion, the court may also make a declaration as intended for the purposes of its decision. Article 26 issue, as well as a load as specified in Article 26a , below Article 26b .
A copy of the order shall be forwarded by the Registrar to the parties concerned and to the official of the civil status of the parties.
1 Each Dutchman of sixteen years of age or over who has the conviction of belonging to the other sex, other than that specified in the instrument of birth, may make a declaration from that conviction to the civil servant of the civil status of which the person concerned is the person responsible for the act shall lie. If the instrument of birth is not registered here in the registers of civil status, the declaration shall be made to the official of the civil status of the Municipality of Gravenhage.
2 For the purposes of application of the first paragraph and of the third paragraph, and Articles 28a and 28b "Act of birth" means an instrument of registration of a certificate of birth or of a decision as referred to in Article 3 (1) of the Treaty. Article 25c .
3 The person who does not hold the nationality of the Netherlands may make a declaration as referred to in paragraph 1 if he has, for a period of at least one year immediately preceding the declaration, domicile in the Netherlands and a Member State of a Member State who is not resident in the Netherlands. has legal residence permit. In this case, a copy of the instrument of birth shall also be submitted.
4 The minor of sixteen years of age or older is competent to make the declaration referred to in paragraph 1 for himself or herself, and to take legal action in the matter and outside the law.
1 A declaration of a competent expert or a general measure of management shall be submitted to the declaration and shall be issued not more than six months before the date of the declaration.
2 The statement of experts states that the person on whom the declaration relates to the expert has stated that he has the conviction to be among the sex of the person other than that stated in his instrument of birth and in relation to the expert. to have understood his information about the scope and significance of that State and wishes to continue to wish carefully the amendment of the wording of the sex in the instrument of birth. The expert shall not issue the statement if he has reasonable grounds for doubting the merits of the said conviction.
1 If to Article 28a The official of the civil status shall attach to the instrument of birth a further indication of the modification of the sex. Article 27 shall apply mutatis mutandis.
In the case referred to in the first sentence of the first paragraph, the official of civil status may also change the names of the person to whom the declaration relates.
3 In the case of: Article 28, first paragraph, second sentence , the official of the civil status of the Municipal Council of The Hague shall also enter the notice of birth in the register of births of that municipality.
1 The alteration of the entry of the genus in the instrument of birth has its effects, resulting from this book, from the day on which the civil servant of the law of birth to the instrument of birth a subsequent mention of change of Add gender. This time also applies to the change in the names of the previous names. Article 28b, second paragraph .
2 The amendment of the term of the genus shall be without prejudice to the family relations existing at the time referred to in paragraph 1 and the rights, powers and obligations arising therefrom in this book.
3 If the person gives birth to a child after the change to the name of the sex, the person concerned shall be Title 11 and resulting from the sex that it had for the modification. In the case of adoption of a child at the request of the person who conceived or consented to this after the amendment of the term of the sex, and the child has been or is the child, born within the relationship of the adopter and the parent, is the measure of the fourth member of Article 227 applicable.
There is a Commission of opinion on the issues of civil status and nationality.
The Commission shall be composed of at least nine and a maximum of 15 members.
2 The Commission shall consist of at least one member of the judiciary, at least one member from the circle of scientific inquiry, at least two members from the civil servants ' circle and at least two members of the judiciary from the judicial authorities. circle of the basic registration persons.
3 Our Minister of Justice appoints and dismisses the members referred to in the preceding paragraph in accordance with our Minister of the Interior. He shall also appoint a Chairperson and a Secretary.
The Commission shall, at the request of an official of the civil status or other administrative organ, give an opinion on questions relating to the application of law in matters of marital status or nationality.
2 If an advice is of general interest, it shall be made public. The Commission shall determine the means of disclosure.
If a civil servant of the civil status has reasonable doubt as to whether a deed of civil status or other writing issued to an outside of the Netherlands is eligible to be taken into consideration in a civil-law act. The Commission shall be required to obtain the opinion of the Commission.
If an official of the civil status does not follow an opinion given by the Commission, he shall inform the Commission and the D.A. thereof.
Our Minister of Justice may lay down detailed rules on the Commission's role and operation.
Each time within a period of four years, the Commission shall submit a report to our Minister of Justice, which shall examine the Commission's job performance and make proposals for any changes which may be required.
1 A marriage can be entered into by two persons of different or of equal sex.
2 The law considers marriage only in its civil relations.
In order to enter into a marriage, a man and a woman must have reached the age of eighteen years.
A marriage must not be entered into when a party's powers are disturbed in such a way that it is unable to determine its will or understand the meaning of its statement.
At the same time, a person may be connected by marriage to only one other person.
1 He who, because of the habit of drinking or drug abuse under receivership, may not enter into marriage without the permission of his curator.
2 In so far as that consent is not obtained, it may be replaced at the request of the receipted court by the cantonal court's consent.
He who, by reason of his physical or mental state of curate, may not enter into marriage without the permission of the court judge.
1 The right of appeal is granted to the court, the period of appeal is fourteen days and it cannot be implemented during that period.
2 He who comes up against an authorisation shall be obliged to give notice to the official or civil servants of the civil status of whom the marriage can be carried out within the time limit of the case-of-person's exploit. By failing to do so, he loses the right to seek the annulment of marriage on the grounds of the absence of his consent, if the court destroys the decision referred to in paragraph 1 and the marriage is already Complete.
1 A marriage should not be concluded between those who are elkander, either naturally or surreptitiously, exist in the ascending line and in the descending line, or as brothers, sisters or brother and sister.
2 Our Minister of Justice may waive the prohibition on the prohibition of those who are brothers, sisters or brother and sister by adoption, for important reasons.
A marriage should not be concluded between those who are elkander, either by nature or familial, as blood relatives in the third or fourth degree in the side-line, unless the expecial spouses are with the civil servant. each have made an affidavit, bearing in place that they give their free consent to marriage.
Those who wish to enter into marriage by each other must not have entered into a registered partnership at the same time.
1 For the purpose of making known their intention to enter into the marriage, the spouses of those who have at least one nationality or a Dutch nationality or who have habitual residence in the Netherlands are to be notified of their intention to enter into marriage official of civil status:
a. their generic name, forename, place of residence, and birth records, as well as a statement that they do not exist as blood relatives in the third or fourth grades in the lateral line, or an affidavit as intended in Article 41a ;
b. if consent to entering into a marriage is required, the data of those whose consent is necessary, or the evidence that they have granted their consent. The consent may also be given on the occasion of the marriage of marriage. If the authorization has been granted by the court, the official shall verify the existence of such authorisation at the Registry concerned;
c. the death records of all persons whose consent to the marriage was required, if they had been in life;
d. Data on the dissolution of any previous marriages or registered partnerships;
e. in the case of a stout, the data relating to the removal of the goods;
f. the waiver or permit of our Minister of Justice, where it is required;
g. an exemption under Article 62 , where it has been obtained;
h. the names and addresses of the persons who will be present as witnesses in the full marriage of the marriage;
(i) in the case of a spouse who is a spouse of non-Dutch nationality or is legally resident in the Netherlands as intended Article 8 (b), (d) or (e) of the Aliens Act 2000 , a statement that the intention to enter into marriage is not to be taken with a view to obtaining the right of residence in the Netherlands, as well as a declaration of the right of residence of the spouse of the spouse who is not the Netherlands Nationality;
j. the name of the municipality in the Netherlands where the marriage is to be completed.
2 If the spouses of whom at least one of the nationality of the Netherlands are domicile outside the Netherlands, they may, in respect of their intention to enter into marriage, be solely the official of the spouse of the Netherlands. civil status of the municipality of Gravenhage.
1 If the birth records of an upcoming spouse cannot be verified and this one is unable to submit a birth certificate, the person may be directed towards the civil servant of whom the marriage will be held. The date of birth, the date of birth as well as the personal data of the parents shall be carried out in an affidavit which has been sworn in:
2 In the marriage certificate mention is made of the statement made.
If the information relating to death is as intended Article 44, first paragraph, point (c) If it is not possible to verify that the surviving spouses are unable to produce the deed or the acts of death, they may make a sworn statement to the official of the civil status of the person in question. marriage will be accomplished. This one makes reference to it in the marriage certificate.
If the marriage is not completed within one year from the date on which the intention is expressed to it, it shall not be completed after the intention has been announced.
If he who wishes to remarry has the authority of having children of a previous marriage, the official of the civil status of his intention shall immediately inform the court of the place of residence of the parent concerned.
1 Wedding pledges do not give legal action to the entering of a marriage, nor to damages for the failure to fulfill the promises; all dissenting clauses are null and void.
2 If the intention to enter into marital status has been expressed to an official of the civil status, that basis may give rise to a claim for compensation for real capital losses, without any loss of profit in the event of a marriage to a civil servant of the civil status of the institution. 2. The proceedings shall be extingued by 18 months from the date on which the intention was expressed.
1 If a Dutchman wishes to enter into a marriage outside the Netherlands, his application to him shall be a declaration of marriage according to the Annex to the Munich Agreement of 5 September 1980 (Trb. 1981, 71, and 1982, 116).
This declaration shall be issued:
a. to the person domicile in the Netherlands, by the official of the civil status of his place of residence;
b. The person who is not domicile within the Netherlands, but has been resident in the Netherlands, by the official of the civil status of the last residence there;
c. to the person who has not had or had no residence within the Netherlands, by the head of the diplomatic or consular representation of the Kingdom of the Netherlands in the area where the marriage is being married.
3 The declaration shall not be issued by the competent authority before it has been verified by the verification of the information in question: Article 44, first paragraph, points a, b, c, d and f , and if necessary of those, mentioned in the Articles 45 and 45a , as well as in Article 27b , it is convinced that Dutch law does not prevent a marriage to marriage.
4 The certificate of marriage competence shall be valid for a period of six months from the time of issue.
A marriage can be interrupted, when parties do not unite the requirements to enter into a marriage, or when parties will not both give their free consent to marriage or when the intent of the forthcoming marriage. spouses, or one of them, is not concerned with the fulfilment of the obligations inherent in the marital status by law, but on obtaining admission to the Netherlands.
1 Empowered to express, when parties do not unite the requirements in order to enter into a marriage, blood relatives in the straight line, brothers, sisters, guardians and curators of one of the impending spouses are.
2 The persons mentioned in the preceding paragraph are also empowered to express a marriage, when the other surviving spouse is under curated state, and the marriage would apparently cause the accident of the party, of which she is a blood-related, guardian or be a curator.
He who is connected to one of the parties by marriage or has entered into a registered partnership with one of the parties, may, on the basis of the existence of that marriage or that registered partnership, encounter a new marriage.
1 The public ministry is required to encounter a intended marriage if it is with one in the Articles 31 to 33 , 41 and 42 Described marriage vows.
2 The public ministry is empowered to express marriage as a sham act for struggle with the Dutch public policy if the intent of the expectine spouses, or one of them, is not directed to the fulfillment of the law to the public. marital status, but on the acquisition of admission to the Netherlands.
3 The prosecutor's office is also empowered to express the marriage if it has been sufficiently established that the surviving spouses, or one of them, will enter into the influence of the marriage under the influence of coercion.
4 For the purpose of exercising the power referred to in paragraphs 2 and 3 by the Public Prosecutor ' s Office, prior authorisation of the court shall be required.
1 The expression shall be effected by service of an instrument to the official of the civil status of the commune in which the marriage is to be carried out.
2 The document holds the choice of a place of residence in that municipality and the grounds of the demonstration and mentions the capacity which gives the opposing authority the power to conduct the marriage; everything under penalty of nullity.
3 The opposing party shall make a copy of the instrument of deposit without delay to the party, against which the expression is addressed.
An expression can be removed:
a. in the same way as to which it was taken;
b. By means of a statement, made in person to the civil servant of the civil status mentioned in the previous article;
c. by means of a declaration made before a notary;
d. at the request of an interested party, by a decision adopted in the form of res judiced.
The marriage must not be carried out until the expression has been lifted. If, however, they have been completed pending proceedings for the removal of the expression, the proceedings may continue to require the opposing party and the marriage shall be declared null and void if the judge accepts the merits of the proceedings.
An official of the civil stand to whom the existence of one of the Articles 31 to 33 , 41 , 41a and 42 It is not possible to cooperate in a marriage of marriage or to carry out prior formalities, even if it would not have taken place.
1 The official of the civil status verifies, before entering into the marriage of marriage, the legality of the stay in the Netherlands of the spouse of the spouse who does not own the nationality of the Netherlands.
2 Is the civil servant of civil status, in case no lawful residence exists on the basis of Article 8 (b), (d) or (e) of the Aliens Act 2000 , of judgment that the purpose of the expectine spouses, or one hunner, is not aimed at fulfilling the obligations inherent in the marital status, but on obtaining admission to the Netherlands, he refuses to grant the Marriage certificate to be established in accordance with Article 18c, second paragraph .
1 The marriage must not be carried out before the 14th day after the date on which the intention to enter into marriage has been made known to the civil servant.
2 The public prosecutor's office, within whose jurisdiction the intention to act in the marriage has been made known, is competent to exempt from the prescribed withdrawal period on grounds of major reason.
1 A marriage shall be carried out in the public place in the town hall before the official of the civil status of the municipality designated by the spouse of the coming spouses is represented in the presence of at least two and a maximum of four years of age. witnesses.
2 In the event that the notification of an intention to enter into marriage has taken place in an electronic manner, the spouses shall be required to prove their identity by presentation of the marriage certificate no later than the occasion of the marriage. of a document as referred to in Article 1 of the Identification Light Act .
If, on the basis of a duly proven legal impediment, one of the parties is prevented from entering into the town hall, the marriage may be carried out in a special house within the same municipality, provided that it is in the presence of six In the case of witnesses,
The prospective spouses are obliged to appear in person for the civil servant of the civil status in the course of their marriage.
The Minister of Justice is free to permit the marriage to the parties by reason of important reasons, by virtue of the special nature of a special act.
1 The surviving spouses must declare, in the presence of the civil servant and in the presence of the witnesses, that they agree to spouses and that they will faithfully fulfill all the duties prescribed by the law. the marital status is connected.
2 After the declaration has been made, the official of the civil status shall declare that the parties are connected by the person in question and shall act accordingly in the register intended for that purpose.
No religious ceremonies will be allowed to take place, before the parties to the operator of the service are to prove that the marriage has been completed before the civil servant of the civil service.
1 In so far as it is not provided otherwise, on the ground that the spouses do not enter into the requirements to enter into a marriage together, the annulment of the marriage may be sought by:
a. The blood relatives in the straight line of one of the spouses;
(b) any of the spouses;
c. all other persons, who have an immediate legal interest in this, however, these persons only after the dissolution of the marriage;
d. the Public Prosecutor ' s Office, however, only as long as the marriage has not been dissolved.
2 He who is connected to one of the spouses by an earlier marriage or by a previously registered partnership is also empowered by virtue of the existence of that marriage or that registration is the annulment of the subsequent marriage. to ask for marriage.
1 At the request of the parents, the spouses and the public prosecutor, a marriage may be declared null and void, when it is in the presence of a non-competent civil servant or not in the presence of the requisite number of witnesses is complete.
2 The power of a spouse to request the annulment of the marriage for that purpose expires, if there is no appearance of the marital status and an act of marriage of a marriage before an official of the civil the past, being present.
1 A spouse may request the annulment of his marriage, when he has concluded this under the influence of coercion. It is also the public prosecutor's office, after having given the spouses the opportunity to express their views on the desirability of submitting the application for annulment, at least after having been duly called upon to do so. (i) have the power to make the request.
2 Furthermore, the husband, who has lost his marriage in the marriage of a marriage, may ask for the annulment of his marriage, either in the person of the other spouse or on the meaning of the declaration which he has issued.
3 The power to request the annulment of a claim for revocation lapses when the spouses have been living for six months since the discovery of the error without the request being made. The power to request the annulment of a plea of compulsion lapses, when the spouses have lived together for three years without coercion towards the maintenance of marriage, without the request being made.
At the request of the Public Prosecutor ' s Office, a marriage as a sham act for violation of Dutch public order may be annulled if the purpose of the spouses, or one of them, was not aimed at the fulfillment of the law obligations linked to the marital status, but to the acquisition of admission to the Netherlands.
A marriage cannot be declared null and void by virtue of the fact that at the time of marriage, one of the husbands was under curate, and the marriage would obviously cause the other husband's misfortune.
The annulment of a marriage under a mental disorder may be requested only by the spouse who was mentally disturbed after the cessation of the disorder. The request shall be extingued by a cohabitation of at least six months from the time of cessation of the disorder.
The annulment of a marriage, which was entered into by a person who missed the required age, cannot be requested when it has the required old age on the date of the request.
1 Due to the lack of a required consent of a third party, the annulment of the marriage can only be annulled by that third party or, in the case of Article 38 of this book , being requested by the curator. This request shall lapse when he has the power to request the annulment of the marriage, either express or implied, or if it has expired three months after he has become known with the marriage of marriage.
2 He who has jurisdiction to apply for annulment is suspected of having become acquainted with the marriage, when it has been completed here, or when it is entered into the registers of civil status, outside the Netherlands, entered.
Except for: Article 56 of this book The judge shall annul a marriage solely on the basis of a request in accordance with the provisions of this section.
1 The annulment of the marriage works, as soon as the decision has been declared in force of the judgment; it shall work back to the date of the marriage.
2 However, the decision does not have retroactive effect and has the same effect as a divorce:
a. in respect of the children of the spouses;
b. to the spouse of good faith; however, this person cannot claim a community of goods when the marriage is declared invalid because of the existence of an earlier marriage or a previous registered partnership;
(c) as regards persons other than the spouses and their children, in so far as they have acquired rights in good faith before the application for a declaration of invalidity.
The existence of a marriage concluded in the Netherlands cannot be proved otherwise than by the marriage certificate or by the deed of conversion, referred to in Article 80g , except in the cases provided for in the following Articles:
Does the marriage register not exist, or is it lost or missing the marriage certificate or the deed of conversion, intended? Article 80g , then, marriage may be proven by witnesses or modest, provided there is an appearance of the marital status present.
If in dispute the fact that a child is born of a marriage is contested, the fact that the parents have lived openly as a husband and a woman shall provide sufficient evidence.
1 A person may, at the same time, enter into a registered partnership with only one other person of the same or other sex.
2 They who enter into a registered partnership shall not be married at the same time.
3 Registration of a partnership shall be carried out by an official of civil status on an instrument of registration of a partnership.
4 A partnership registration may be interrupted if parties do not unite the requirements to enter the registration, or when parties will not both give their consent to the registered partnership, or if they do. where the intention of the prospective registered partners, or one of them, is not directed towards the fulfilment of the obligations inherent in the Act to the Partnership Registration, but on obtaining admission to the Netherlands. The following are a demonstration of Articles 51 , 52 , 53, second to fourth paragraphs , and 54 to 56 applicable mutatis mutandis. The Public Prosecutor ' s Office is required to provide a partnership registration if it is with one Articles 31 , 32 , 41 and the words described in the first and second paragraphs of this Article are known. If the civil servant of the civil status is known to be one of the means mentioned in the previous sentence, or if the parties will not both give their consent to the registered partnership, he shall not be allowed to cooperate in a registering or carrying out prior formalities, even if it would not have taken place.
5 For the purpose of partnership registration, the Articles 31 , 32 , 37 to 39 , 41 , 41a , 44 to 49 , 58 , and 62 to 66 applicable mutatis mutandis.
6 The annulment of a partnership registration shall apply mutatis mutandis to the Articles 69 to 73 , 74 , 75 to 77 , first paragraph and second member.
7 On the evidence of the existence of the partnership registration, the Articles 78 and 79 applicable mutatis mutandis.
On a registered partnership, the titles 6 , 7 and 8 of corresponding application with the exception of the separation of the table and bed.
1 The registered partnership shall end:
a. by death;
b. if the missing person, who is in accordance with the provisions of the Second or third section of the eighteenth title of this book died or declared deceased, still alive on the day on which the left registered partner entered into a new registered partnership or marriage: through the followup of this registered partnership or marriage;
c. by mutual consent by the civil servant of the civil status of a statement signed and dated by both partners and one or more lawyers or notaries certifying that and at what point in time the partners are the termination of the registered partnership has concluded an agreement.
d. by dissolution at the request of the partners or any of them;
e. through conversion of a registered partnership into a marriage.
2 To tender as referred to in point (c) of the first paragraph, the official of the civil status shall be competent if the registered partnership has been entered into in the Netherlands. If the partnership is entered into outside the Netherlands, the civil servant of the civil status to register declarations as referred to in paragraph 1 (c) shall have jurisdiction if the conditions of Article 4, fourth paragraph, of the Code of Civil Procedure for the jurisdiction of the court in the event of the dissolution of the registered partnership.
3 A registered partnership cannot be terminated by mutual consent as referred to in point (c) of paragraph 1 if the partners:
a. To exercise jointly or jointly authority over one or more of their joint children;
b. due to Article 253sa or 253t exercise the authority together over one or more children.
1 The in Article 80c (c) This agreement concerns at least the declaration by both partners that their registered partnership is permanently dislocated and that they wish to terminate it. In addition, the agreement shall not, however, be void of invalidity:
a. the subsistence allowance of the registered partner who does not have sufficient income to earn a living, or who is unable to acquire himself in reasonable terms;
b. who will be the tenant of the registered partners of the living quarters that serves them as a principal residence, or who of the registered partners will have the use of the dwelling and the property of the registered partners during a period to be determined by the contract. one of them or both of them belong or are used for use;
c. the distribution of any community in which the partners have entered into the registration or the netting set out in the case of conditions as referred to in Title 8 agreed;
d. the settlement or recharge of pension rights.
2 Upon a termination of the registered partnership with mutual consent, the Articles 155 , 157, fourth and sixth member , 158 , 159, first and third paragraphs , 159a , 160 and 164 applicable mutatis mutandis.
3 The declaration referred to in Article 80c (c) , shall be entered in the register of civil status only if it has reached the civil servant's civil status at the latest three months after the conclusion of the contract.
1 To a dissolution of a registered partnership as referred to in Article 80c (d) , are the Articles 151 , 153 , 155 , 157 to 160 , 164 and 165 applicable mutatis mutandis.
2 The dissolution shall be established by the registration of a court ruling at the request of the parties or of one of them in the registers of civil status. Article 163, third paragraph , shall apply mutatis mutandis.
If the parties whose registered partnership is terminated, enter into a registered partnership with each other, or enter into marriage, all the consequences of the registered partnership shall be automatically revived as if none were to be established. Termination took place. However, the validity of legal acts made between the registration of termination and the new registration or marriage shall be assessed at the time of the act.
If two persons make known to the civil servant of the civil status that they wish to see the registered partnership they have entered into in a marriage, the civil servant of the civil status of the person in question may be converted to a certificate of conversion to the civil servant of the civil status of Formatting. If registered partners with at least one Dutch nationality are domicile outside the Netherlands and wish to enter their registered partnership in a marriage in the Netherlands, the conversion shall be made to the official of the person who is a member of the Netherlands. civil status in ' s-Gravenhage.
2 The Articles 65 and 66 shall be applicable mutatis mutandis.
3 A conversion shall end up the registered partnership and begin the marriage at the time the instrument of transposition is made out in the register of marriages. The conversion does not change the family relationship or non-existent family relations with children born before the conversion.
Spouses owe their loyalty, assistance and assistance. They shall be obliged to provide each other with the necessary information.
The spouses are obliged to care for and care for the minor children belonging to the family and to pay the costs of such care and upbringing.
Spouses shall provide each other with information on their management and on the status of their assets and debts.
1 The cost of the household, including the cost of care and education of the children, shall be borne by the general income of the spouses and, to the extent that this is insufficient, to their own incomes in proportion to that income; in so far as the incomes are insufficient, these costs shall be borne by the general funds and, to the extent that this is insufficient, on the basis of their own funds, in proportion to them. This does not apply to the extent that special circumstances preclude it.
2 The spouses are committed to each other accordingly to the control of the expenditure referred to in paragraph 1 in sufficient funds from the goods under their administration, in so far as special circumstances exist. do not oppose that.
3 In the case of a written agreement, one of the first and second paragraphs may be subject to a derogation.
4 Disputes between the spouses regarding the application of the first to third members shall be decided by the court at the request of both or any of them.
5 At the request of both or one of the spouses, the court may amend a given decision or an affected settlement on the basis of changed circumstances.
One spouse shall be liable, in addition to the other, to the commitments entered into for the ordinary course of the household, including those arising out of his or her employer's behalf in respect of the Employment contracts entered into.
1 The court, if there are legitimate reasons, may, at the request of a spouse, state that it will not be held liable for the commitments entered into by the other spouse as referred to in the previous article.
2 A court order in accordance with this Article may be amended or lifted in the same way as it has been created in the event of any change in circumstances.
3 The order may be relied upon in respect of third parties who have been illogical only if it was registered in the register of matrimonial property, designated in the register of Article 116 of this book , and after the invitation to tender, fourteen days were expired.
4 The decision may specify that it must also be made known in one or more newspapers designated by the courts. In such a case, the decision shall be taken to the detriment of third parties who were uninformed of it, even before such publication.
1 If a spouse is a dependent of the ability of the other spouse to receive his or her own funds, or if he or she is liable to his or her own funds in respect of his own funds. It is a duty to pay compensation for the former spouse and is either properly fulfilled or paid out.
2 The allowance shall be a part of the value of the property at the time of payment of the fee. This section:
a. in the case of an acquisition against the assets of the other spouse in proportion to the share derived from his assets in the consideration for the good;
b. in the case of a payment or redemption of the assets of the other spouse corresponds to the ratio of the amount to be paid out of his own funds to the value of the goods at the time of the asset; Satisfaction or redemption.
3 As regards the allowance, the following rules shall also apply:
(a) unless the spouse has used the funds of the other spouse, with his or her consent, in accordance with the conditions laid down in paragraph 1, the amount of the allowance shall not be less than the amount of the nominal amount which is to be borne by the other spouse come;
(b) in respect of goods which, by their nature, are intended to be consumed, the allowance shall always be the nominal amount borne by the other spouse's assets;
(c) in respect of goods which have since been sold without having to replace other goods, the value of the value, provided for in the introductory part of the second paragraph, shall be based on the value at the time of the disposal. A disposition shall be equated to the irrevocable of a benefit in the case of a somman insurance or other advantage in the case of a clause for the benefit of a third party.
4 Spouses may derogate from the first Member to the third paragraph by agreement. No fee shall be payable if the acquisition, payment or redemption of the other spouse's funds is met by an undertaking resting upon that spouse.
5 May the allowance not be determined in accordance with the first to the fourth paragraph, it shall be estimated.
1 A spouse needs the permission of the other spouse for the following legal acts:
(a) agreements on estrangement, encumbrance or putting into effect and legal acts terminating the use of a dwelling together or by the other spouse alone or in cases of a kind which is not inhabited by the husband or by the other spouse alone; a dwelling or entry into service of such a dwelling;
b. gifts, with the exception of the usual, not supermediated;
(c) agreements which, unlike in the normal pursuit of his profession or business, require him to commit himself as a guarantor or principal debtor, to make himself strong for a third party, or to lodge a guarantee of a debt of the third connects;
d. Contracts of purchase on payment, other than those which appear to be manifested solely or principally for the purpose of the normal exercise of his profession or business.
2 The spouse is not required to consent, if he is required to carry out the act under the law or by virtue of a prior legal act for which it was granted or was not required.
3 The consent must be given in writing or by electronic means, if the law for the conduct of the act requires a form.
4 By way of derogation from paragraph 1 (b), consent shall not be required for gifts which are intended to be carried out only after the death of the gift of the gift, and not already carried out during his lifetime. Where a grant is made in the appointment of a beneficiary in the case of a somhealth insurance which has been accepted or accepted during the life of the policyholder, it is subject to authorisation.
5 Authorisation for a legal act as referred to in paragraph 1 C It is not required if it is carried out by a director of a public limited company or a private limited liability company, which holds it alone or with its co-directors, and provided that it does not shall be carried out for the purposes of the normal exercise of the company of that company.
6 If the other spouse is in the impossibility of declaring his will by absence or any other cause or does not grant his consent, the decision of the court may be invoked.
1 An act which a spouse carries out in contraa with the previous article is voidable; only the other spouse can appeal to the destruction ground.
2 The previous paragraph shall not apply to a measure other than a gift, if the other party was in good faith.
3 The end of marriage and separation of the table and bed have no influence on the authority to appeal for the destruction of a legal act of a spouse to the destruction of the extermination land, which had previously been created. If the other spouse is therefore liable to be debarred from that act, Article 51 (3) of Book 3 for him only, as long as the term of Article 52 (1) of Book 3 has not passed.
4 The declaration or legal claim for annulment need to be made by way of derogation from the Articles 50 (1) and 51 (2) of Book 3 Not to be addressed to the spouse who carried out the act.
5 The spouse who has made an appeal to the ground of destruction may also set aside all legal claims arising out of the nullity.
1 A spouse is empowered to board his own property and, according to the rules of Article 97 -to the board of goods of a community.
2 The administration of a spouse on a right shall include the exercise of the powers conferred upon it, including the power of decision and the management and the power to do so well with regard to that good practice. and, without prejudice to the powers of enjoyment and use which the other spouse will transmit in accordance with the marriage relationship.
3 Between the spouse who leaves him with the future of his administration to the other spouse, and the latter shall be the provisions on assignment of corresponding application, taking into account the nature of the marriage relationship and the nature of the goods.
4 The spouse who controls a good may join as a party in addition to the other spouse to a legal act that has done the latter in relation to that right. The declaration of accession shall be addressed to those parties to the legal act; Article 56 of Book 3 shall apply mutatis mutandis. Where a specific form of law is required for the provision of the act, the same requirement shall apply before accession. The spouse may exclude accession to subsidiary rights and obligations; he shall be deemed to have committed himself only in respect of rights previously granted to third parties.
1 If a spouse finds himself in the impossibility to drive his goods or the goods of the community by absence or any other cause, or to serious misconduct in the management of the goods of the community, the court may the request of the other spouse to whom the administration of such goods, or a part thereof, is to the exclusion of the former spouse. The court may, on the assignment, set out further arrangements concerning the administration and representation within the meaning of paragraph 4 of this Article.
2 The Articles 86 members 2-4 and 90 (3) shall be applicable mutatis mutandis.
3 The court orders the convocation of both spouses and, if the spouse in paragraph 1 has appointed a representative, he/she shall also order them.
4 The spouse assigned to the board of goods shall be the responsibility of representing the spouse to whom it is removed, other than those relating to administrative action in respect of such goods.
1 If a third party does not know who is responsible for the administration of a member of the board of a movable case which is not a property of a register, or a right to bearer, he may be entitled to the spouse who is responsible for the matter or on the paper.
2 The spouse who, as a result of a legal act of the other spouse by a third party in good faith in the board of a good is disturbed, loses the right to end the disorder, if he has no action against the disorder resistance within a reasonable period of time after it has become due to his knowledge. The right of the spouse to terminate the disorder shall also expire if the third party has made a reasonable period of time for his/her exercise of that jurisdiction and has not used it.
3 It is not possible to argue against a third party that a claim for compensation arising during the marriage for the transfer of capital between the spouses or between one of the spouses and any community existing between them cannot be relied on is due.
This title does not apply to spouses separated from the table and bed.
In the case of a prenuptial agreement or by the nature of the clauses, the provisions of this Title may be made explicit or by the nature of the clauses, except in so far as provisions are expressly or by their nature opposed to derogation.
1 The date of marriage of marriage shall be between the spouses of a community of goods.
2 The community shall, as far as its benefit is concerned, comprise all the goods of the spouses, present at the beginning of the community or subsequently, or subsequently, as long as the community has not been dissolved, obtained, except for:
a. goods which have been determined by the disposition of the deceased or by the gift of which they are outside the community, in the case of goods which are the subject of the request for the deceased;
b. pension rights in respect of which the Separation of pension rights law in case of separation is applicable as well as pension rights related rights to survivors ' pensions;
c. rights to the establishment of usufruct as intended in the Articles 29 and 30 of Book 4 , any usufruct based on those provisions, as well as that obtained pursuant to the provisions of Article 34 of Book 4 .
3 Goods and debts which, in any particular way, have been paid to one of the spouses shall be limited to the community only to the extent that it is not precludes that such goods are precluding them.
4 Fruits of non-community goods shall not be included in the community. Outside the Community, what is collected in respect of a claim which is outside the community and a claim for compensation which is in the place of his own good of a spouse, including an action for the benefit of a person responsible for the payment of a claim for depreciation of such a good.
5 The community shall cover all debts of each of the spouses, with the exception of debts, with the exception of debts:
a. Goods of the Community which have been excluded from the market;
b. gifts, expenses incurred by one of the spouses, and repayments made under the terms of which Article 126, first paragraph, and second member, under a and c, of Book 4 .
6 Exists between spouses a dispute to which of them both belongs well and neither of them can prove his right to this good, then that is regarded well as community good. The presumption does not work to the detriment of the creditors of the spouses.
1 A good that a spouse other than not obtains, shall remain outside the community if the consideration in obtaining the goods for more than half is dependent on his own funds. To the extent that the consideration is chargeable to the community, the spouse shall be liable for compensation to the community. The amount of the fee shall be determined in accordance with Article 87, second and third paragraphs .
2 If a good person belongs to the community and a spouse has contributed to the contribution from his own funds, this spouse shall bring a claim for compensation, the amount of which shall be based on Article 87, second and third paragraphs It will be determined.
1 In the case of a debt of a spouse, whether or not it is in the community, the goods of the community and its own goods may be extracted.
2 For a person not in the community, debt of a spouse may not be extracted from the goods of the community if the other spouse designates his own goods of the former, providing a sufficient story.
3 The spouse of whose own property has been paid a debt of the community shall be entitled to reimbursement from the goods of the community. In the case of a debt to a community belonging to the community, the amount of the fee shall be determined in accordance with Article 87, second and third paragraphs .
4 The spouse whose non-community debt has been paid from the goods of the community shall be liable to be reimbursed to the community. In the case of a debt in respect of a property belonging to his own funds, the amount of the fee shall be determined in accordance with Article 87, second and third paragraphs .
5 The spouse who raises a creditor that a good one on which this story seeks not belong to the community bears the burden of proof thereof.
If a spouse has received a donation to a third party in a somsickness benefit from his death and has received contributions from the community for that insurance, the spouse shall be disordered (i) reimbursement to the community. The allowance shall be part of the value of the benefit, in proportion to the share of the premiums coming from the community.
Spouses may, by agreement, benefit from reimbursement due to the Articles 95 , 96 and 96a to determine otherwise. Article 87 (4), fourth paragraph, second sentence , shall apply mutatis mutandis. If the fee cannot be determined accurately, it shall be estimated.
1 A good that is on the name of a spouse or acquired by reinforcements, making, burden-advantaged or gift under inheritance shall be governed by his administration. For the rest, each of the spouses shall be responsible for the administration of the goods of the community. Article 170, first paragraph, of Book 3 shall apply mutatis mutandis.
2 Is a good of the community with permission, granted by the spouse under whose board that is well alone or partly, servile to an occupation or business of the other spouse, then the board of that property rests, so far as it acts be considered to be the normal pursuit of that profession or business, only for the latter and for the other part of the spouse. An authorisation granted shall be valid for the entire duration of the profession or business, unless the spouses agree otherwise, but the court may at any time end the service at the request of a spouse due to good reason.
3 Disputes between the spouses about the administration in respect of goods belonging to the community may be submitted to the court at the request of the spouses or of one of them.
1 The community shall be disbanded automatically:
a. in the event of the end of the marriage or registered partnership through death: at the time of death;
b. in the event of termination of marriage by divorce or dissolution of the registered partnership by the courts: at the time of filing of the application for divorce or filing of the application for dissolution of the registered partnership;
c. in the case of separation of the table and bed: at the time of submission of the request for separation of the table and bed;
d. in the event of the removal of the Community by a decision: at the time of the submission of the request for the dissolution of the community;
e. in the event of termination of the registered partnership with mutual consent: at the time when the termination agreement is concluded;
f. in case of missing and subsequent marriage or registered partnership: at the time at which the disposition is intended; Article 417, first paragraph , entered into force of res judiced;
g. in the event of termination of subsequent matrimonial conditions: at the time specified in the Article 120, first paragraph .
2 The dissolution of the community by the lodging of a request as referred to in paragraph 1 (b), (c) and (d) and by the conclusion of an agreement as referred to in point (e) may be relied upon only against third parties who were unskilable; if the relevant application or the contract was entered in the register of matrimonial property, Article 116 .
3 If it is established that a request referred to in subparagraph (b), (c) and (d) or an agreement as referred to in paragraph 1 (e) may no longer lead to divorce, dissolution of the registered partnership, separation of the contract or contract, of the table and bed, of the abolition of the community by a decision on termination of the registered partnership with mutual consent, automatically reinvigiated all the effects of the community, as if no application had been made or agreement had been concluded, unless there is now another ground for decomposition occurred. However, the validity of legal acts made between the date of the submission of the application or the conclusion of the agreement and the time at which it is established shall be that the application or agreement no longer applies to the agreement in question, or to the agreement may lead, assessed according to the time of the act.
4 Together with a request as referred to in paragraph 1 (b), (c) or (d) may already be Title 7 of Book 3 (i) a claim shall be made for the division of the community, to order the method of distribution and the allocation of the distribution.
1 The spouses shall have an equal share of the disbanded community, unless otherwise stipulated in prenup or in an agreement concluded between the spouses in writing with a view to the imminent dissolution of the community other than by death or as a result of the abolition of prenuptial conditions.
2 Those who are creditor in the winding-up of the community shall retain the right to redress the goods of the community as long as they are not divided.
Following the dissolution of the Community, each of the spouses shall have the power to dress and dither, and his professional and business means, and the papers and memorial documents to his family, against the estimated price.
After the dissolution of the community, each of the spouses shall remain responsible for the entirety of the debts of the Community for which he was previously liable. In the case of other Community debts, it is jointly linked to the other spouse, provided that it can be recovered only from the distribution of the community, without prejudice to the conditions of the Articles 190, first paragraph , and 191, first member, of Book 3 . The legal claim for the satisfaction of the debt referred to in the second sentence shall, at the same time, be subject to legal action against the spouse, in whose person the Community debt referred to in that sentence has been incurred.
1 Each of the spouses shall have the right of renunciation of the community; all agreements contrary to this shall be void.
2 The part of the community of which the distance is to be renounced shall be the part of the other spouse.
3 The spouse who has not done so can recover from the community nothing more than just his bed with an accompanying bed and the clothes he needs for his personal use. He can take over the papers and memorial pieces, belonging to his family, at the estimated price.
4 By this distance he is relieved of the liability and the obligation to carry out debts of the community, for which he was not liable prior to the dissolution of the community.
5 He shall remain liable for the debts of the community, for which he was liable before the dissolution of the community. If he had paid for more than half a debt, for which both spouses were responsible before the dissolution of the community for the whole, he has for the multiple story against the other husband.
6 If the other spouse has fulfilled all or part of a debt of the community, for which he was not liable prior to the dissolution of the community, he shall have a story against the spouse who renounced the distance. If more than half were to be blamed for more than half of the debt, for which both spouses were responsible before the dissolution of the community for the whole, he has for the multiple story against the husband who has done the distance.
1 The spouse who wishes to use the privilege described in the previous article is obliged to register within three months of the dissolution of the community a contract of surrender in the register of matrimonial property, designated in the Article 116 of this book , in the forfeit of this privilege.
2 If the death of the other spouse is disbanded by the community, the period of three months begins to run on the day on which the spouse who wishes to use the privilege has taken notice of that death. If the community has been dissolved in accordance with the conditions laid down in Article 99, first paragraph, points (c) and (d) , the term ends three months after the request for the removal of the community or for separation of the table and bed has been filed with the court.
1 The heirs of a spouse, by whose death the community has been dissolved, or who has died without renunciation within the period prescribed in the previous Article, shall be responsible for each of the shares in respect of their share of the shares which to be renounced within three months of being known with the death.
2 The claim of the spouse to the recovery of his bed, bed linen, and clothes from the community cannot be transferred and does not go over to his heirs either.
The court of the place where the instrument of surrender must be registered may, for the expiry of the period prescribed for the registration, extend one or more times on the basis of special circumstances.
1 The spouse or his heir, who has attracted the goods of the community or has made or embezzled or embezzled the goods of the community, cannot do away with him. Actions of daily management or to the preservation of the goods do not bring about this effect.
2 He who makes or embezzles goods from the community after the distance of the distance loses the power of Article 103 (4) of this book to be called.
1 Distance from the community, done by a spouse or heir of a spouse after being renounced by the other spouse or one or more of his heirs, does not have the consequences, described in Article 103 (2) and (3) of this book , and obligate those who are entitled to the community, to settle her. Section 3 of Title 6 of Book 4 the settlement of legacies shall be subject to as much as possible.
If he/she is held to settle the community, after having been held to account and to be accountable to him, fails to comply with that obligation, he shall lose the power of the court. Article 103 (4) of this book to be called.
A spouse may request that the community be removed from the community if the other spouse creates debts in a luminous manner, wastes the goods of the community, carries out operations which is manifestly contrary to the administration of the other spouse. on the goods of the Community, or refuse to provide the necessary information on the state of the goods of the community and on the debts which they may hold and on the administration of such goods.
The spouse seeking the removal of the community may take the measures necessary to maintain his or her right, which is Law of Civil Procedure are specified.
(1) If the person assigned the request has wronted the community by having made good debts of the community after the start of the proceedings or within six months before it has taken a position, or a Legal act as referred to in Article 88 of this book without the required consent or decision of the court, he is required to compensate for the damage caused to the community.
2 A claim based on the previous paragraph may not be set at a later date than three years after the request for the closure of the community has been filed with the court.
If the community is disbanded by dissolution, then the spouses can then, only on prenuptial agreement, once again agree a community.
Prenuptial conditions can be made by both expectable spouses before the conclusion of the marriage and by spouses during marriage.
1 Marital conditions must be entered into by notarial deed under penalty of nullity.
2 A power of attorney to enter into marital conditions must be given in writing and include provisions to be included in the prenuptial agreement.
1 In matrimonial terms, provisions may be relied upon in respect of third parties which were not of such an opinion, only if those provisions were registered in the register of the public marriage goods register held at the Registry of the court within which the contract was held. the marriage is completed, or, if the marriage has been contracted outside the Netherlands, at the Registry of The Hague Court.
2 The method of establishment and consultation of the register shall be determined by a general measure of management.
3 By way of derogation from paragraph 1, a general measure of management may stipulate that the register shall be held elsewhere than at the Registry of the Court. A general measure of management may also provide for the provision of data to be entered in the register to be limited to a method to be provided in that measure.
1 Marital conditions prior to marriage have been made or amended, are valid only if they require marriage consent, have given their consent to the prenuptial agreement or change by the deed; is the consent of the marriage. of the court, it shall be sufficient to hold its decision to the minute of the act. On the application for permission of the court, Article 39 (1) of this book of corresponding application.
2 Before marriage, prenuptial preconditions begin to work from the time of marriage; no other time can be designated for that.
The spouse who is under receivership may, after the marriage deduction, make or change prenuptial agreement only with the consent of his administrator.
1 During the marriage or changed prenup, work begins to work on the day, subsequent to that on which the deed is past, unless the deed has been designated a later date.
2 Provisions in this prenuptial agreement may be relied upon only if they were unqualified by third parties, if they were registered for at least 14 days in the register of matrimonial property.
1 Parties may derogate from the rules of the legal community on a prenup, provided that those conditions do not contest by mandatory legal provisions, the good mores, or the public order.
2 They may not stipulate that any of them shall be liable to a higher proportion of the debts than shall be the share of the goods of the community.
3 They may not deviate from the rights arising from the parental authority nor from the rights conferred by the law on a long-lived spouse.
A spouse may be against third parties of goods held outside the community under marital conditions, in respect of rights to bearer and non-registry goods only by reference to the document of the act of any prenup or in a description signed by the parties and notary, attached to the minute of that Act. If the indication of a proper description of the goods does not provide a satisfactory description thereof, additional proof may be provided by all means; the proof may be provided by all means with regard to goods which have been raised by a spouse outside his or her own resources. comes.
1 Disputes to which both of them are entitled to tounder or a case which is not a register belongs to any spouse married in the community of goods and neither of them can prove his right to this good, then it is the right to do so. be deemed to belong to each of the spouses for half the period.
2 The presumption does not work to the detriment of the creditors of the spouses.
1 This section shall apply to marital conditions which entail one or more obligations on the return of income or of assets.
2 Unless otherwise specified, this section may be expressly or by the nature of the terms derogated from this Section in the case of a prenuptial agreement.
1 The obligation to charge income or of assets shall be reciprocal.
2 The obligation to pay relates only to income which or to assets acquired by the spouses during the existence of this obligation. The obligation to pay shall not apply to assets obtained in the form of an amplification, making, load-advantaged or gift under inheritance, and also not on the fruit thereof or for that capacity or for the benefit of the benefit. Goods entered. Nor does the obligation to recharge assets consist of rights to the establishment of usufruct as intended for the purposes of the Articles 29 and 30 of Book 4 , any usufruct based on those provisions, and what is obtained by reason of the Articles 34 , 35 , 36 , 38 and 126, second member, under a and c, of Book 4 , and Section 3 of Title 4 of Book 4 .
In the event of a disposition of property or of the gift, no netting of any power acquired, remittance, load-advantaged or gift under inheritance, or of the fruits thereof, may be determined, on the basis of a statement of the Prenatal conditions should be in place.
1 The statement of income or of assets shall be made in the case of helo.
2 On the settlement are the Articles 181 , 183 and 195 to 200 of Book 3 of this Code of corresponding application, except that for the purposes of assessing whether or not benadeling is intended to be applied in the Article 196 of Book 3 of this Code has taken place, the Article 142 These dates shall be decisive. The Articles 677 to 680 of the Code of Civil Procedure shall be applicable mutatis mutandis.
3 A spouse who intentionally forges, seek or conceal a property belonging to the assets to be reckoned and which does not involve the value of such assets, must not charge the value of that, but must be entirely up to the Other spouse to compensate for.
(1) Where a good use is made of assets to be converted, the value of the assets obtained shall be converted into the capital to be converted into the proportion which corresponds to the part of the share which may be acquired from the assets to be converted. the consideration divided by the total consideration. If a spouse has been contracted in connection with the acquisition of a good debt, it shall be counted on the foot of the first sentence of the assets to be converted, in so far as the debt is counted or redeemed or paid out.
2 Exists between the spouses a dispute over whether a property is regarded as being converted to the capital to be converted and neither can prove that it is a good asset, that is to say that it is good to do so. (i) count to the power to be converted. The presumption does not work to the detriment of the creditors of the spouses.
1 Without prejudice to the third paragraph, a settlement shall be made in cash.
2 If, on the basis of a calculation of claims on and repayable, the two claims shall be taken from one another to their common interest.
3 A spouse is only required to accept a release of goods or can only require it instead of a settlement in money, provided that the settlement in cash by the standards of reasonableness and fairness is unacceptable would be.
1 The one spouse is not accountable to the other on the administration of his property. Bad governance of those goods does not require compensation.
2 A spouse may request from the other spouse an annual specified, written and signed declaration of income to be converted and the amount of funds to be converted. This provision cannot be derogated from.
3 Disputes between the spouses regarding the declaration shall be decided by the court at the request of one of them.
1 A spouse may request the removal of the mutual obligation when the other spouse creates debts in a luminous manner, wastes his property or refuses to accept his or her own. Article 138, second paragraph , the obligation to provide an amount of income or capital to be converted into a compulsory statement.
(2) If the spouse against whom the request is addressed penalises the assets to be converted by having incurred, after the commencement of the proceedings or within six months thereof, a luminous amount of debts, or a waste of property which has been wasted, or Legal act as referred to in Article 88 without the required consent or decision of the court, he is obliged to compensate for the damage caused.
Paragraph 3 of the first and second paragraphs shall not be waived.
1 At the request of the accounting officer, the Judge may, on grounds of major reason, determine that an amount of money may be paid, whether or not increased by an interest to be determined in the order, in instalments or after a certain period of time, or All of a sudden, either in time limits need to be fulfilled. In doing so, the judge will pay attention to the interests of both parties. The judge may require the accounting officer to provide business or personal security for the payment of the sum of money due within a specified period of time.
2 As provided for in the first member of a spouse, the following shall apply mutatis mutandis after his death in respect of his or her right under the general title.
Paragraph 3 of the first and second paragraphs shall not be waived.
1 If an obligation to transfer relates to a period of marriage as defined in the prenup and has not been settled over that period, the obligation to pay for that period shall remain in force and shall extend over the period specified in the marriage. balance, arising from the investment and the reinvestment of what is not settled, and the fruits thereof.
2 If an obligation to be paid relates to a period of marriage as defined in the prenup, it shall end at the time as in the previous period of marriage. Article 142 If that period is still to run.
3 If, at the end of the marriage, a periodic clearing obligation as referred to in paragraph 1 has not been fulfilled, the ability to be present shall be presumed to have been constituted of what was to be settled. be, unless otherwise provided by the requirements of reasonableness and fairness in the light of the nature and extent of the obligation of compulsory calculation. Article 143 shall apply mutatis mutandis.
4 If a spouse is able to determine, to a degree, that the profits of an undertaking not exercised on his own behalf benefit directly or indirectly, and a settlement agreement has been agreed, undertakings ' profits, the undistributed profits of such undertaking, insofar as they are regarded as reasonable in social traffic, shall also be taken into account in determining that spouse's compulsory calculation, without prejudice to the first paragraph.
5 The fourth paragraph shall apply mutatis mutandis if a spouse carries on an undertaking on his own behalf.
6 The right-hand claim referred to in paragraph 1 shall not be subject to a period of three years from the date of the termination of the marriage or after the registration of the order for the separation of the table and the bed in the register, as provided for in paragraph 1. Article 116 . This deadline cannot be shortened.
1 Where the composition and the size of the assets to be converted are determined, the following shall apply:
a. in the event of the end of the marriage or registered partnership through death: the time of death;
b. in the event of termination of marriage by divorce: the time of filing of the application for divorce;
c. in the case of separation of the table and bed: the time of submission of the request for separation of the table and bed;
d. in the event of the removal of the mutual obligation to reckoning as referred to in Article 139 : the time of submission of the request for the termination of that obligation;
e. in the event of termination of the registered partnership with mutual consent: the time at which the termination agreement is concluded;
f. in the case of dissolution of the registered partnership upon request: the time of filing of the request;
g. in the case of missing and subsequent marriage or registered partnership: the time at which the disposition is intended to be used in the Article 417 , first paragraph, in force of res judiced;
h. in the event of the removal of the mutual obligation to forage under marital conditions: the time referred to in point Article 120, first paragraph .
2 Of paragraph 1, introductory wording and points (b) to (f) may be derogated from by means of a written contract.
1 From the in First paragraph of Article 142 Each of the spouses may request that the other spouse's ability to be converted shall be described.
2 The 676 to 676 and 679 of the Code of Civil Procedure shall be applicable mutatis mutandis.
3 As provided for in the previous members concerning a spouse, the following shall apply mutatis mutandis after his death in respect of his or her right under the general title.
4 From the first to the third paragraph, it shall not be derogated from.
Marriage ends:
a. by death;
b. if the missing person, who is in accordance with the provisions of the Second or third section of the eighteenth title of this book died or declared deceased, is still alive on the date on which the surviving spouse entered into a new marriage or registered partnership: through the complete withdrawal of this marriage or registered partnership;
c. by divorce, in accordance with the provisions of the Second Division of this title;
d. by dissolution of marriage after separation of the table and bed, in accordance with the provisions of the second division of the tenth title of this book .
Divorce between spouses who are not separate from the table and bed shall be made at the request of one of the spouses or on their common request.
Divorce shall be pronounced at the request of one of the spouses if the marriage is permanently dislocated.
1 If, as a result of the requested divorce, an existing prospect of benefits to the other spouse following the death of the spouse who made the request would count on or reduce to a serious extent, and the other Where a provision is made in respect of a provision to the effect that, in the circumstances of the case, it is fair to regard both spouses, the person concerned shall not be allocated any claim against that request. The court may set a time limit for that purpose.
2 The first paragraph shall not apply:
a. If it is reasonable to expect that the other spouse may be able to provide adequate facilities for that case;
b. if the sustainable disruption of marriage is in moderation due to the other spouse.
1 Divorce is made at the joint request of the spouses if the request is well founded on their mutual judgment that the marriage is permanently dislocated.
2 Each of the spouses shall be entitled to withdraw the application at the time of the award.
In the case of divorce and in so far as one spouse has accrued pension claims after the marriage and divorce, the other spouse has, in accordance with the provisions of the Separation of pension rights law in case of separation right to a pension settlement, unless the spouses have been excluded from their applicability in the manner provided for in this Act.
1 The court may, by the divorce order or in a subsequent ruling, not acquire, or otherwise obtain, the spouse who does not have sufficient income for his/her livelihood, at the latter's request, from the other spouse. grant a living allowance.
2 When determining the benefit, the court may take into account the need for a provision of subsistence for the death of the person who has been paid.
3 The court may, at the request of one of the spouses, grant the benefit, subject to the conditions and of a period of time. Such determination shall not have the effect of ending the benefit at a later date than 12 years from the date of registration of the decision in the registers of civil status.
4 If the court has not established a period of time, the obligation to earn a living shall end after the expiry of a period of 12 years, starting on the date of registration of the order in the registers of the civil status.
5 If the termination of the benefit as a result of the expiry of the period referred to in the fourth paragraph is so radical that unchanged enforcement of that period is by standards of reasonableness and fairness of the person concerned by the the right may not be required, the court may fix a period of time at the latter's request. The request must be made before three months have elapsed since the end of the period of termination. The court or tribunal shall determine whether or not to grant an extension of the time limit after it has been amended.
6 If the duration of the marriage is not more than five years and no children are born of this marriage, the obligation to earn a living shall end automatically after the expiry of a period of time equal to the duration of the marriage, and starting from the date of registration of the order in the registers of civil status. If the court determines a period of time, such determination cannot have the effect of ending the benefit at a later date than would have been the case in the previous sentence. The fifth paragraph shall apply mutatis mutandis, except that, in the first sentence, the term 'the period referred to in paragraph 4' shall read: the period referred to in the first sentence of this paragraph.
Before or after the order of divorce, the spouses may determine by agreement whether, and if so until the divorce, the spouse will be liable to the benefit of a benefit in respect of the other to the benefit of the other. If no time limit is provided in the contraa, Article 157, fourth to sixth paragraphs , mutatis mutandis.
1 The agreement may be concluded that it cannot be amended by a court ruling on the basis of a change of circumstances. Such a clause may be made in writing only.
2 The clause shall lapse if the agreement has been entered into before the submission of the request for divorce unless it has been submitted within three months of the date of the agreement. The foregoing shall apply mutatis mutandis to a common request.
3 Despite such determination, at the request of one of the parties, the agreement may be amended by the court or by a subsequent decision on the basis of such a substantial change in circumstances, that the applicant may be by standards of reasonableness and fairness no longer permitted to be kept in the beding.
An agreement as referred to in the Articles 158 and 159 of this book is not in the way of story on the grounds of section 6.5 of the Participating Act and shall be without prejudice to the determination of the amount to be told.
An obligation of a former spouse to make a living under divorce to the other party ends when it enters into marriage, enters into a registered partnership or is going to co-exist with a party to the other. Other, if they were married or if they had registered their partnership.
1 The divorce shall be established by the registration of the order in the registers of civil status.
2 The invitation to tender shall be made at the request of the parties or of one of them.
3 If the application for registration has not been made no later than six months after the date on which the decision has been res judiced, the decision shall cease to be effective.
(1) If a community of goods between the spouses has been adversely affected by one of them by the fact that, after the commencement of the proceedings or within six months prior to the commencement of proceedings, he has wasted property of the Community; or legal acts referred to in Article 88 of this book without the required consent or decision of the court, he has been held after the registration of the decision declaring the divorce to compensate the injured person for the cause of the attack.
2 A legal claim based on the previous paragraph cannot be set later than three years from the date of registration of the decision.
1 At the request of a spouse, the judge may state by the divorce order or at a later judgment that if that spouse habitates a dwelling to the other spouse at the time of the registration of the order, is responsible for the use and use of the property and the use of the premises of the dwelling and its assets for a period of six months from the date of the registration of the decision against a reasonable reimbursement.
2 A legal act of the other spouse may not be relied upon against him during that period, to the detriment of his jurisdiction as defined in the preceding paragraph.
3 Refuses his consent or is unable to declare his will, then the court which has decided at first instance on the divorce request may, at the request of the other former spouse, determine that the previous member is outside. Application stays.
If the divorced spouses remarry or enter into a registered partnership, all the consequences of the marriage would be revived, as if no divorce had taken place. However, the validity of legal acts performed between the dissolution of marriage and the new marriage or the registered partnership shall be assessed according to the time of the act.
1 Separation of the table and bed may be requested on the same ground and in the same way as divorce.
2 The Articles 151 , 154 to 159a shall apply mutatis mutandis, subject to the time limits set out in the Article 157, third to sixth paragraphs , commence on the day on which the order for the separation of the table and bed is entered in the register of matrimonial property, designated in the register. Article 116 , and that the duration of the marriage is calculated to that day.
3 An obligation of a spouse to provide maintenance to the other spouse under divorce from the table and bed ends at the dissolution of the marriage.
1 The separation of the table and bed is established by the registration of the order in the marriage goods register, designated in Article 116 .
2 The tender shall be made at the request of the spouse or of one of them.
3 If the application has not been made no later than six months after the date on which the decision has been res judiced, the decision shall cease to be effective.
(1) If a community of goods between the spouses has been adversely affected by one of them by the fact that, after the commencement of the proceedings or within six months prior to the commencement of proceedings, he has wasted property of the Community; or legal acts referred to in Article 88 of this book without the required consent or decision of the court, he is obliged, after the decision declaring the separation of the table and bed is registered, to compensate for the damage caused to the community.
2 A legal claim based on the first paragraph shall not be set at a later date than three years after the registration of the decision of separation of the table and bed.
1 At the request of a spouse, the judge may, at the time of the decision establishing a legal separation of the table and bed, or in a subsequent ruling, state that if that spouse habitates a dwelling to the other spouse at the time of the registration of the decision, the court of justice may, if that person is He or she is, or has been, exclusively owned or administered to the other spouse, the habitation and use of the premises of the dwelling and its assets for a period of six months from the date of registration of the order, by a reasonable fee.
2 A legal act of the other spouse may not be relied upon against him during that period, to the detriment of his jurisdiction as defined in the preceding paragraph.
3 Refuses his consent or is unable to declare his will, then the court which has decided at first instance on the request for divorce from the table and bed may, at the request of the other spouse, determine that the previous member is not Application stays.
1 A separation of the table and bed ends by the reconciliation of the spouses, at the time when they are on their single application in the marriage goods register, designated in Article 116 , have registered to the effect that the divorce has ceased to exist.
2 The registration raises all the consequences of the marriage of law, as if there had been no separation of the table and bed. However, the validity of legal acts performed between the separation of the table and the bed and the reconciliation is assessed according to the time of the act.
1 Dissolution of the marriage of spouses who are separated from the table and bed shall be pronounced at the request of one of the spouses, if the separation has lasted for at least three years.
2 The three-year period may be curated at the request of a spouse until at least one year if the other spouse is persistent guilty of misconduct in such a degree that of the spouse who made the request, he cannot are required to ensure the survival of the marriage.
1 If, as a result of the requested dissolution of the marriage, an existing prospect of benefits to the other spouse upon the death of the spouse who made the request would count on or reduce to a serious extent, and the if any other spouse carries out his claim against the request, the request may not be awarded before a provision is made in respect of which, having regard to the circumstances of the case, it is fair for both spouses to consider.
The court may set a time limit for that purpose.
2 The first paragraph shall not apply:
a. If it is reasonable to expect that the other spouse may be able to provide adequate facilities for that case;
(b) If the other spouse is guilty of misconduct to such a degree that the spouse who made the request for reasonableness does not have any provision of susteniy.
The dissolution of the marriage of spouses who have been separated from the table and the bed shall be stated on their joint request.
The Articles 154, second paragraph , and 157 to 160 of this book shall be applicable mutatis mutandis, except that the Article 157, third to sixth paragraphs These periods are reduced by the time during which the period of separation of the table and bed was an obligation to earn a living towards the other spouse and that the duration of the marriage is calculated to the day on which the date of separation of the table and bed is entered in the register of matrimonial property, designated in Article 116 .
1 The dissolution of the marriage shall be established by the registration of the order in the registers of civil status.
2 The Articles 163, second and third paragraphs , and 166 of this book shall be applicable mutatis mutandis.
A child, his parents and their blood relatives stand together in family-related relations.
1 Mother of a child is the woman:
(a) from whom the child was born;
(b) who is married at the time of birth or is connected by a registered partnership to the wife of whom the child is born, if this child is conceived by artificial donor fertilization as intended for Article 1 (c) (1) of the Artificial Fertilization data of the Donor Data Act and a declaration issued by the foundation provided for by the Foundation, which confirms that the identity of the donor to the woman in whom the artificial donor fertilization took place is unknown, unless the last sentence of this part or the first sentence of Article 199 (b) -That's true. The declaration must be presented to the civil servant of the civil status of the declaration of birth and shall return to the birth of the child. If the marriage or registered partnership has been dissolved after the artificial donor fertilization and before the birth of the child by the death of the wife or registered partner of the woman whose child was born, the deceased has died. spouse or registered partner also mother of the child if the said certificate is presented to the birth of the child, even if the woman from whom the child was born had been remarried or had a new partnership register;
(c) who has recognised the child;
d. whose parenthood has been determined to be judicial; or
e. who adopted the child.
2 The woman from whom the child was born may, if she had been separated from the table and bed at the time of the artificial donor fertilization, or she and her wife or registered partner have been separated since that time, within one year Declare that, after the birth of the child before the civil servant of the civil status, her deceased wife or registered partner is not the mother of the child referred to in paragraph 1 (b) of the said declaration. Was the woman from whom the child was born at the time of birth, remarried or had a register a new partnership than in that case the current spouse or registered partner is the parent of the child.
Father of a child is the man:
a. which at the time of birth of the child with the woman from whom the child was born has been married or entered into a registered partnership, unless part b or the closing sentence of the child Article 198, first paragraph, point (b) , shall apply;
b. whose marriage or registered partnership with the woman from whom the child was born, was disbanded by his death within 306 days before the child was born, even if the mother had remarried or had a new partnership registered; If, however, the woman had been separated from the table and bed before the date of the 30th day before the birth of the child, and if she and her spouse or registered partner have lived separately since that time, the woman may be entitled to the child child to the official of the civil status declare that her deceased husband or registered partner is not the father of the child, from which statement a deed is made; was the mother remarried at the time of birth or had it registered a new partnership than in that case the present spouse or registered partner the father or, in the case, mentioned in Article 198, first paragraph, point (b) , the present spouse or registered partner the mother of the child;
(c) who has recognised the child;
d. whose fatherhood has been established by the judicial system; or
e. who adopted the child.
1 The in Article 199 (a) and (b) , as fatherhood may, on the ground that the man is not the biological father of the child, can be denied:
a. By the father or the mother of the child;
b. by the child itself.
2 The father or mother can do it in Article 199 (a) and (b) , meant fatherhood not to deny, if the man prior to the marriage or registered partnership has knowledge of the pregnancy.
3 The father or mother can do it in Article 199 (a) and (b) Nor deny such fatherhood, if the man has agreed to an act that may have resulted in the child's fathering.
4 The second and third paragraphs shall not apply in respect of the father, if the mother has deceived him of the fatherner.
5 The request to be based on the denial shall be filed by the mother to the court within one year of the child's birth. A such request shall be filed by the father within a year of his becoming known to the fact that he is unlikely to be the biological father of the child.
6 The request for the justification of the denial is filed by the child to the court within three years after the child has become known to the fact that the man is not believed to be his biological father. However, if the child has been known for this fact during his or her minority, the application may be made no later than three years after the child has become a majority.
1 Dies the father or the mother before the end of the Article 200, fifth paragraph , posted term, then a descendant of this spouse or registered partner may be in the first degree or, in the absence of such descendant, a parent of this spouse or registered partner, the court requests the denial of the to declare fatherhood. The application shall be made within one year of the date of death or after the death has been notified to the applicant.
2 Dies the child before the end of the Article 200 (6) , set time limit, then a descendant in the first degree of the child may request the court to declare the denial of fatherhood grounded. If the child was a majority at the time of death, the application shall be made within one year of the date of death or within one year of the death of the applicant. When the child died during the period of the lesser age, the request must be made within one year of being able to carry out the application independently of the child being alive, or, if death has been notified at a later date. from the applicant within one year of that knowledge.
1 After the decision establishing a denial of a paternity arising from marriage or registered partnership has gone into force of res judiced, the fatherhood resulting from marriage or registered partnership shall be deemed to be have never had a consequence.
2 This does not, however, harm any rights acquired by third parties in good faith.
3 The basis of the denial, based on the grounds of the denial, does not give rise to a claim for the return of costs of care and education or the cost of living, or of study, nor to restitution of the amount of pleasure required by the pleasure of a pleasure Furthermore, no obligation to return any acquired property benefits is incurred, to the extent that the person who had enjoyed them at the time of the request was not extingued.
1 The in Article 198, first paragraph, point (b) , on the ground that the mother is not the biological mother of the child, such maternity may be denied:
a. by the mother, intended in Article 198, first paragraph, point (a) ;
b. By the mother, intended in Article 198, first paragraph, point (b) ;
c. by the child itself.
2 The mother, intended in Article 198, first paragraph, point (a) or (b) , the maternity referred to in Article 198 (b) may not be denied if the mother referred to in paragraph 1 (b) before the marriage or registered partnership has become acquainted with the pregnancy or has agreed to the artificial donor fertilization, as referred to in Article 198, first paragraph, point (b).
3 The request to be based on the denial is made by the mother, Article 198, first paragraph, point (a) or (b) , filed in court within a year of the birth of the child.
4 The request for the statement of the denial to be based shall be filed by the child in court no later than three years after the child has become majority age.
1 Dies the mother, intended in Article 198, first paragraph, point (a) or (b) -Before the end of the Article 202a (3) , posted term, then a descendant of this mother may be in the first degree or, in the absence of such a descendant, a parent of this mother, the court requests to declare the denial of motherhood grounded. The application shall be made within one year of the date of death or after the death has been notified to the applicant.
2 On the denial of motherhood are the Articles 201, second paragraph , and 202 applicable mutatis mutandis.
1 Approval may be granted:
a. In the case of an instrument of recognition, drawn up by a civil servant;
b. By notarial deed.
2 The recognition shall be due from the date on which it was taken.
1 The recognition shall be null and void if it is done:
a. by a person who has Article 41 must not enter into a marriage to the mother, or enter into a registered partnership with the mother under Article 80a, sixth paragraph;
b. by a minor who has not reached the age of sixteen years;
c. if the child has not reached the age of sixteen, without the prior written consent of the mother or father;
d. without the prior written consent of the child of 12 years or older;
e. while there are two parents.
2 The consent required in paragraph c and d may also be made on the occasion of the completion of the instrument of recognition.
3 The consent of the mother whose child has not yet reached the age of sixteen, or the consent of the child of 12 years or older, may, at the request of the person seeking to recognize the child, by the consent of the court shall be replaced unless they harm the interests of the mother in the case of an undisturbed relationship with the child, or a balanced social psychological and emotional development of the child is compromised, provided that this person:
a. is the interdependent child of the child; or
b. the biological father of the child, who is not the interdependent and in a close personal relationship to the child.
4 The consent of the mother whose child has not yet reached the age of sixteen, or the consent of the child of twelve years or older, may at the request of the person who has agreed as the life of the mother to an act which the effect of the child's relationship may have resulted in the consent of the court being replaced if this is in the interest of the child.
5 A person who, by reason of his physical or mental state of affairs, may only recognise after having obtained his consent from the court of cantonal court.
1 A request for the destruction of the recognition may, on the ground that the expert is not the biological father of the child, be submitted to the court:
a. by the child itself, unless the recognition has taken place during his majority;
b. by the expert, if by threat, error, deception or, during his minority, by abuse of circumstances, he has been moved for that purpose;
By the mother, if by threat, error, deceit, or during her minority, she is subject to the recognition of circumstances by abuse of circumstances.
2 The prosecutor of the State may request the destruction of the certificate for violation of the Dutch public order, if the expert is not the biological father of the child.
3 In case of threat or abuse of circumstances, the application shall be made by the expert or by the mother no later than one year after this influence ceased to work and, in case of deceit or error, within one year after the the applicant has discovered the deceit or the error of error.
4 The request is filed by the child within three years after the child has become known to the fact that the man is believed to be not his biological father. If, however, the child has become known during his or her minority with this fact, the application may be made no later than three years after the child has become majority age.
5 In case the expert or the mother dies before the expiry of the period laid down in the third paragraph, Article 201, first paragraph , mutatis mutandis. In case the child dies before the expiry of the period laid down in the fourth paragraph, Article 201, second paragraph , mutatis mutandis.
1 A request for the destruction of the mother ' s recognition may, on the ground that the mother is not the biological mother of the child, may be filed with the court:
a. by the child itself, unless the recognition has taken place during his majority;
b. by the expert, if by threat, error, deception or, during her minority, the abuse of circumstances has occurred to that end;
c. by the other mother, if she is subject to the recognition by threat, error, deception or, during her inferiency, abuse of circumstances.
2 On the destruction of the recognition is Article 205, second to fifth paragraphs , mutatis mutandis.
1 After the decision on the destruction of the recognition has been declared in force of res judiced, the recognition shall be deemed to have never been due.
2 This does not, however, harm any rights acquired by third parties in good faith.
3 The destruction shall not give rise to a claim for restitution of the cost of care and education or of maintenance or of study or to restitution of the amount of pleasure required by the pleasure of the pleasure of the pleasure. Furthermore, no obligation to return any acquired property benefits generated by the approval shall be incurred in so far as the person who enjoyed them at the time of the application was not granted.
1 The parenthood of a person may, even if it has died, on the ground that it is the agent of the child or on the ground that it has agreed to a mother's life with an act that may result in the child's fathering. have been adopted by the Court at the request of:
a. The mother, unless the child has reached the age of 16;
b. the child.
2 Establishment of parenthood may not take place if:
a. The child has two parents;
b. between the person referred to in the introductory sentence of the first paragraph and the mother of the child under Article 41 no marriage should be closed or under Article 80a, sixth paragraph , no partnership should be registered;
c. the person referred to in the introductory sentence of the first paragraph is a minor who has not reached the age of sixteen years, unless he has died before he has reached that age.
3 The request shall be filed by the mother within five years of the birth of the child or, in the case of an unfamiliarity with the identity of the suspected orphan or of unfamiliarity with his place of residence, within five years from the date on which the child was born. The identity and whereabouts of the mother have become known.
4 Survive the child before the establishment of parenthood may take place, then a descendant of the child in the first degree can request the establishment of parenthood to court, provided the first member states that. That person is still alive. The application shall be made within one year of the date of death or within one year of the date of the death of the applicant.
5 The determination of parenthood, provided that the decision has been res judiced to that effect, is back to the moment of the child's birth. However, rights acquired in good faith by third parties are not adversely affected. Furthermore, no obligation to return property benefits is incurred, to the extent that the person who enjoyed them at the time of the request was not extingued.
When determining the award of parenthood, the court may make a contribution to the cost of care and education as provided for by the child, at the request of the child, on a request for the child. Article 404 or in the cost of living and study as intended in Article 395a .
A person's lineage according to his birth certificate may not be contested by another if he has a State in accordance with that Act.
A request for a declaration of revocation or of a challenge to the State shall not be subject to limitation.
1 A request for the declaration of the revocation of the declaration of State may be made:
a. By the child itself;
b. By the heirs of the child, if the child has died during his or her minority or within three years thereafter.
2 If the child had submitted a request as referred to in the first member, his heirs may continue the proceedings.
In cases of origin, the minor child, acting as the applicant or the person concerned, shall be represented by a special administrator appointed by the court to decide on the case.
1 Adoption is made by a ruling of the court at the request of two persons together or at the request of one person alone. Two persons together cannot make a request for adoption, if under Article 41 would not be allowed to enter into marriage or under Article 80a, sixth paragraph , no partnership should be allowed to enter into.
2 The request by two persons together may be made only if they have lived together at least three contiguous years immediately prior to the lodging of the request. The application by the adopter who is spouse, registered partner or other parent of the parent can only be made if he immediately prior to the filing of the request with that parent at least three contiguous years Has lived together. However, the condition referred to in the second sentence shall not apply if the child is or is born within the relationship of the adopter and that parent.
3 The application can only be assigned if the adoption is in apparent interest of the child, established at the time of application for adoption, and for the future reasonably foreseeable that the child is nothing more of his parent or parents expected in the capacity of parent, and subject to the conditions, mentioned in Article 228 , it will be met.
4 If the child is or is born within the relationship of the adopter and the parent, and the child through and due to artificial donor fertilization as intended in Article 1 (c) of the Artificial Fertilization data of the Donors Act is conceived and a foundation, intended by the Foundation That Act Confirmation of the certificate issued for confirmation that the identity of the donor to the woman in which the artificial donor fertilization took place is unknown, shall be subject to the request, unless the adoption appears to be is not in the best interest of the child or is not fulfilled by the conditions, mentioned in Article 228 .
5 If the fornames of the child are not known, the judge shall also determine one or more of the names of the adoptant or adopters and the child, if they are 12 years old or older, at the adoption decision.
6 In matters of adoption, the minor parent is competent to act in legal proceedings.
1 Conditions of adoption are:
a. that the child is a minor on the day of the first request, and that if, on the date of the request, the child is 12 years old or older, the child has not raised objections to the assignment of the request on the occasion of his examination; the same applies, if the court has been found to have objections to the application of a minor who, on the date of the request, has not reached the age of 12 years, but can be regarded as capable of being a reasonable the valuation of his interests in this respect;
b. that the child is not a grandchild of an adopter;
(c) that the adopter or each of the adopters is more than 18 years older than the child;
(d) none of the parents contradicts the request;
e. that the child's minor mother has reached the age of sixteen on the date of the request;
f. that the adoptant or the adopters have or have cared for and raised the child for at least a year; if the spouse, registered partner or other parent of the parent or adoptive parent adopts the child and they jointly child for at least one year have been groomed and raised the period of one year for the spouse, registered partner or other single-life partner from the moment of actual joint care and rearing;
g. that the parent or parents do not have or no longer have the authority over the child. However, if the spouse, registered partner or other parent of the parent adopts the child, this parent shall have authority alone or together with the spouse, registered partner or other single-life partner.
2 The contradiction between a parent referred to in paragraph 1 may be disregarded:
a. if the child and the parent have not lived or lived together in a family relationship; or
b. if the parent has abused the authority over the child or grossly neglected the child ' s care and education; or
c. if the parent has been irrevocably convicted of committing against the minor of one of the crimes described in the Titles XIII to XV and XVIII to XX of the second book of the Criminal Code .
3 The condition referred to in paragraph 1 (f) shall not apply where the child is born within the relationship of the mother with a single-sex person.
1 By adoption, the adopted parent, the adoptive parent, and his blood relatives or the adoptive parents and their blood relatives come to each other in family-related relationships.
2 At the same time, the family-friendly relationship between the adopted, his original parents and their blood relatives ceases to exist.
3 By way of derogation from the second paragraph, the family relationship shall remain between the adopted and his parent and his/her blood relatives if the spouse, registered partner or other parent of that parent adopts the child.
4 The adoptive parents who are not married to each other or are subject to a registered partnership by adoption are jointly responsible for the adopted adopted authority.
5 If, at the time of adoption, the child has dealings with a parent for whom the family relationship ceases to exist, the court may provide that they are entitled to continue to deal with one another. The Articles 377a, second and third members , 377e and 377g shall be applicable mutatis mutandis.
1 The adoption has its consequences of the day, upon which the pronunciation has gone into force of res judiced.
2 If the child is born within the relation of the parent and the adoptant and the adoption before the birth of the child is requested, this shall work back to the time of birth of the child; if the adoption is made no later than six months after the birth of the child; A child has been requested to return to work until the time of the submission of the request. The provisions of the first sentence shall not apply where the adoption of family relations between the child and another parent has been established and has been broken by the adoption of such an agreement. The adoption may also be pronounced in the case of the first sentence, if the adopter has died after submission of the request.
3 The adoption continues its consequences, even if it turns out, that the judge is the Article 228 of this book would have wrongly assumed the conditions laid down.
1 The adoption may be revoked by a ruling of the court at the request of the adopted adopted.
2 The request may be assigned only if the revocation is in the manifest interest of the adopted adopted, the right to the reasonableness of the revocation is convinced, and the request has been filed not earlier than two years and not later. than five years after the day on which the adopted majority has become age.
1 By revocation of adoption, the family-related relationship between the adopted and his children, on the one hand, and the adoptive parent or adoptive parents and their relatives, on the other, cease to exist.
2 The family-friendly relationship that had ceased to exist by the adoption of the family is reborn by the revocation.
3 Article 230 shall apply mutatis mutandis in respect of the revocation.
Minors are those who have not reached the age of eighteen years, nor are they on the basis of Article 253ha have been declared a majority.
1 A minor, provided that he acts with the consent of his legal representative, is competent to carry out legal acts, in so far as the law does not otherwise determine.
2 The consent may be granted only for a particular legal act or for a particular purpose.
3 The authorisation shall be presumed to have been granted to the minor, if it is a legal act in respect of which the use of minors of his age is customary in the course of social traffic.
1 Manual for which a minor's powers are granted to a young person may be granted by the cantonal court if the minor has reached the age of 16 years.
2 She shall not be granted against the will of the parents in so far as they exercise authority over the minor, having regard Article 253a, first paragraph .
3 In the case of the granting of a handbook, the court judge shall specify the powers of the minor to be granted to the minor of a majority. Such powers may not extend beyond the partial or total receipt of its income and the decision thereon, the conclusion of rentals and leases, the participation in a company and the exercise of a occupation or business. However, the minor shall not be competent in possession of registry goods, securities, or mortgage backed claims by manual information.
4 For the purposes of the manual and of acts to which he is competent in accordance with the relevant handinformation, he may, in law, be required to act or reject it. Article 12 (1) of this book do not apply to those acts.
1 A handbook issued may be withdrawn by the court judge if the minor is abusive or there is well-founded fear that he will do so.
2 The revocation shall be made at the request of one of the parents of the minor, in so far as they exercise authority over him and with due regard to his or her authority; Article 253a, first paragraph Or at the request of the guardian.
1 A decision granting or withdrawing manual information must be published in the Official Journal and in two newspapers to be indicated in the Decision.
2 The publication shall specify the exact characteristics of the product and the end to which it is granted. Before publication, the handinformation shall be used as its withdrawal against third parties who were not.
1 There is one council for child protection.
2 The law determines the tasks and powers of the Board for Child Protection. These are being carried out by the Council for Child Protection on behalf of our Minister of Justice.
3 For the purpose of carrying out its task, the Council shall at least inform it of the development of child protection, and shall promote cooperation with the institutions of child protection and youth aid and shall, in particular, be Request or from own movement authorities and institutions of advice.
4 Interference shall be without prejudice to the religious or philosophical basis of the children's institutions of child protection.
5 In the case of a general measure of management, the seat, the method of operation, in so far as it is intended to be the cooperation with the certified establishment, shall be: Article 1.1 of the Youth Act , with regard to the organization of the Council.
1 The Council of Ministers for the Protection of Children may act in favour of minors who, in the Netherlands, have either their place of residence or the last place of residence or their actual stay. Similarly, for the benefit of Dutch minors who are neither domicile nor domicile nor real residence in the Netherlands, the Council may also act.
2 For the purposes of the protection of minors who have a place of residence or final place of residence within a district or their last place of residence, the Council for the protection of children shall be the work units of the Board present in that arrondissement; to.
3 If, on the basis of the previous paragraph, more units of work in different districts would have the power to act for the same minor, the action of one of these units of work shall cease to be the responsibility of the other.
4 For the benefit of Dutch minors, who have neither the place of residence, nor the last place of residence, nor their real residence in the Netherlands, the unit work units of the Board of Amsterdam shall enter the Children's Protection Board in the Arrondissement of Amsterdam.
5 In the case of a general measure of management, the treatment of complaints in respect of a matter of child protection which is pending before the Board shall be settled.
The person who, by virtue of a legal requirement or by virtue of his or her office or of a profession of professional secrecy, may, without the consent of the person concerned, provide information to the Council for the protection of child protection, if that it may be deemed necessary for the exercise of the tasks of the Board.
If the child protection council proves that a minor is not under the law required by law, or that such authority is not exercised over him, he shall request the judge to provide the minor with the law.
2 The child judge may at the request of the Children 's Protection Board or the Public Prosecutor' s Office, a certified institution as intended Article 1.1 of the Youth Act , in the case of a minor, charge for the custody of the minor if it is urgent and without delay to provide for the minor in the custody of the minor in order to represent the interests of the minor.
3 The measure referred to in paragraph 2 may also be taken if a minor, who has not reached the age of six months and is not in the custody of a legal person, without prior written consent of the person concerned. the child protection council is included as a foster child. A foster child shall mean a minor who is groomed and raised in others than his parents, guardian or blood and relatives up to and including the third degree, except that it is not included:
a. A minor, whose care and upbringing under the provisions of another law is supervised by others than his or her parents or guardian/guardian;
b. a minor, who is groomed and raised in an establishment, which, as regards the care and education of minors who are staying in it, is subject to supervision under the provisions of another law.
4 The measure shall lapse after a period of three months from the date of the decision, unless it has been requested by the end of that period for a provision to be made in the authority of the minor.
5 The measure may be revoked or amended by the child judge who has ordered it to do so unless a request as referred to in the fourth paragraph has been submitted. In that case, the court shall decide who is seised of the application.
6 By way of derogation from the second paragraph, the Children ' s Court may grant provisional custody of a minor by or for whom application for grant of a residence permit for specified period of time is as intended Article 28 of the Aliens Act 2000 has been filed, and in connection with that in the Netherlands, as well as the categories of other minors to be addressed by our Minister of Justice, are to be transferred to a legal person as referred to in Article 3 (1). Article 302, second paragraph .
7 The Children ' s Protection Board may investigate the living situation of a minor who is sustainably cared for and raised in others than those who exercise parental authority or custody of him, the family in which he be cared for and raised, or the manner in which the authority or custody of him is exercised, where there is reasonable suspicion that the minor has been admitted to that family in violation of a legal requirement.
On the exercise of provisional custody by a certified institution as intended by Article 1.1 of the Youth Act is Article 243 of this Book of corresponding application.
The Council for Child Protection is aware of all cases in which measures relating to the authority of minors need to be considered.
1 The colleges of mayor and aldermen and civil servants of civil status provide free information to the Council for the protection of children, free of charge and free of charge to the Board of all copies and extracts from their registers which are the subject of the Council's asks for the performance of his task. When the Board of Child Protection performs a task or exercise a competence under any of the provisions of this Title or of the Titles 9 , 10 , 14 , 15 and 17 of this book , as well as on the basis of the related provisions of the Law of Civil Procedure , the bodies or persons to be designated by a general measure of management shall supply the Council free of charge such information as is necessary for the proper performance of their duties.
2 Any requests made by the Board for the protection of child protection for the performance of his or her duties to the courts shall be free of charge; the groxes, copies and extracts, which he applies for that purpose, shall be free of all costs by the Registers. awarded.
3 Explosives issued by the bailiffs to the Council for Child Protection shall be reimbursed in accordance with the standard rate. Lawyers can charge for their services rendered to the Board for Children ' s Protection.
4 When the Board for Child Protection is based on one of the provisions of this Title, or of Titles 9 , 10 , 12 , 14 , 15 and 17 of this book in legal proceedings, he shall be able to do so without a lawyer, except in proceedings to deal with a writ of summons.
In the courts or other place or places to be referred to a general measure, public records shall be governed by public records, which shall contain a statement of the legal facts relating to the authority exercised over minors; Have a
A general measure of management shall determine the legal facts to be recorded, the manner in which it is to be recorded and the manner in which it is to be provided by registered data.
1 Minors are under authority.
2 Under authority means parental authority or custody.
3 Parental authority shall be exercised jointly or by one parent by the parents. Custody is exercised by a parent other than a parent.
4 The authority shall apply to the person of the minor, the rule on his assets and his representation in civil acts, both in and out of court.
5 The authority of the parent to which Article 253sa or under a judicial decision in accordance with Article 253t together with a parent other than an older person, is considered to be a parental authority jointly exercised by parents, except where a legal provision provides otherwise.
Unauthorized to the authority are minors, those who are under receipted and those whose mental abilities are disturbed so that they are in an impossibility to exercise the authority, unless this disorder is of a temporary nature.
1 The parental authority includes the duty and right of the parent to care for and to raise his underage child.
2 The care and education shall include the care and responsibility of the mental and physical well-being and safety of the child as well as the promotion of the development of his personality. In the care and upbringing of the child, parents do not apply any mental or physical violence or any other degrading treatment.
3 The parental authority includes the obligation of the parent to promote the development of the links of his child with the other parent.
4 A child about whom parents jointly exercise the authority retain after dissolution of marriage otherwise than by death or after separation from the table and bed, after the dissolution of the registered partnership other than by death, or after the Termination of society if an endorsement is as specified in Article 252, first paragraph , is placed, right to an equivalent care and upbringing by both parents.
5 Parents may take into account, for the execution of the fourth member in an agreement or parenting plan, practical impediments arising in connection with the dissolution of marriage other than by death or after separation of the table and bed, the dissolution of the registered partnership other than by death, or the end of society if an endorsement as referred to in Article 252, first paragraph , has been placed, however, only in so far as and as long as the obstacles in question exist.
If an endorsement is as specified in Article 252, first paragraph , is placed and the parents end their society, they set up a parenting plan as intended Article 815, second and third paragraphs, of the Code of Civil Procedure .
The second paragraph of Article 247 of this book shall apply mutatis mutandis to the guardian and to the person caring for and raising a minor without the authority of the minor being due to him.
The minor shall be required to take account of the powers conferred on the parent or guardian in the exercise of authority and of the interests of the other members of the family of which he is a member.
When in matters relating to his care and education, or to the ability of the minor, the interests of the parents in charge of authority or one of them or of the guardian or the two guardians are contrary to that of the minor, appoints the court or, if it is a matter concerning the funds of the minor, the court judge, or, if the case is already pending, the judge concerned, if he is in the interest of the minor it considers that, in particular, the nature of these conflicts of interest must be taken into account, Request of an interested party or of its own motion, a special administrator, to represent the minor in question, both in and out of court.
1 During their marriage, the parents shall exercise the authority together.
2 After the dissolution of the marriage other than by death or after separation of the table and bed, the parents who jointly have the authority continue to exercise this authority together.
1 The judge may, upon dissolution of the marriage, otherwise than by death or after separation of the table and bed at the request of the parents or of one of them, determine that the authority of a child shall be assigned to one parent if:
a. there is an unacceptable risk that the child would become trapped or lost between the parents and not be expected to have sufficient improvement within the foreseeable future; or
(b) alteration of the authority is otherwise necessary in the interest of the child.
2 The decision on the basis of paragraph 1 shall be given at the disposal of the table and bed, divorce or dissolution of the marriage after separation of the table and bed or at a later disposal.
3 If a decision under the first paragraph did not cover all the children of the spouse, the court shall supplement it at the request of one of the parents, of the Board of Child Protection or of its own motion.
If it is found that the minor of twelve years of age or older is awarded the judge, the judge may, of his own motion, give a decision on the foot of the first member. The same applies if the minor has not reached the age of 12 years, but can be regarded as capable of a reasonable appreciation of his interests in the matter.
1 Parents who are not married to each other or have entered into a registered partnership shall exercise their authority over their minor children together if they so request on their own request in the register, as referred to in Article 4 (1). Article 244 -It's registered. A request as referred to in the first sentence may not be made in respect of the children as to whom they jointly exercised the authority.
The note shall be refused by the Registrar if at the time of the request:
a. One or both of the parents is not competent to authority; or
(b) the authority of one of the two parents has been terminated and the other parent exercises its authority; or
c. a guardian with authority over the child has been entrusted; or
(d) the provision in authority over the child is not available; or
e. the parent who has the authority to exercise it together with a parent other than a parent.
3 It is only possible to appeal against the endorsement of the endorsement if it has taken place on the grounds of the lack of competence of one or both of the parents to the authority other than for the purpose of a minority or a subcuration of a teaching position. The court may then be asked to order the endorsement. It rejects the request if there are grounds for concern that the interests of the child would be neglected if it was granted.
(1) Where former spouses remarried or entered into a registered partnership and immediately exercised their authority over the minor children, the joint authority shall be renown by one of the spouses. unless one of the spouses has no jurisdiction until such authority or authority has been terminated or exercised jointly with a parent other than the parent.
2 The spouse for whom the authority has not been rehabitable may ask the court to instruct him to do so. This request is rejected only if there are grounds for concern that the interests of the children would be neglected.
3 The first and second paragraphs shall apply mutatis mutandis if, through reconciliation of the spouses, a separation of the table and bed ends.
4 The first and second paragraphs shall apply mutatis mutandis where pointed out registered partners who jointly exercise authority over the child enter into a registered partnership with each other or marry each other.
1 In the case of joint exercise of the authority, disputes may be brought before the courts or any of them at the request of the parents or of one of them. The court shall take a decision in such a way as to prevent it from being in the best interests of the child.
2 The court may also, at the request of the parents or of one of them, lay down rules on the exercise of parental authority. The scheme may include:
a. a allocation to each of the parents of the care and education tasks, and by corresponding application of Article 377a, third paragraph , a temporary ban on a parent to have contact with the child;
(b) the decision on which parent the child has his principal place of residence;
c. the method of providing information on important matters relating to the person and the ability of the child to the parent to whom the child does not have his principal place of residence or the manner in which the child is born consulted;
d. the manner in which information provided by third parties pursuant to Article 377c, first and second paragraphs It will be provided.
3 If on parents the obligation of Article 247a The court shall, of its own motion, decide on the application of the second paragraph of its own motion until such time as that obligation is fulfilled. Detention shall not take place if the child's interest so requires.
4 The Articles 377e and 377g shall be applicable mutatis mutandis. Where these provisions are discussed on the subject of dealing or a transitional arrangement, they are replaced by a breakdown of care and education tasks.
5 The court tests before deciding on a request such as that referred to in the first or second paragraphs, an agreement between the parents and may, on its own motion, on request and on an ex officio basis, if no comparison is reached and the child's interest is against such a decision. not resisting, imposing a compulsory means of coercion permitted by law, or determining that the order or parts thereof shall, with the application of Article 812, second paragraph, of the Code of Civil Procedure may be implemented.
6 The court will deal with the request within six weeks.
1 During their registered partnership, the parents shall exercise the authority together.
2 The provisions relating to joint authority shall apply to these, with the exception of: Articles 251, second paragraph , and 251a, second and third members .
If, in respect of a child, only maternity from the wife of whom the child is born or if the parents of a child have not been married or married and do not exercise the authority of a child, the child shall exercise his or her own rights; Mother from whom the child was born automatically had authority over the child unless she had no authority in her confinement to authority.
2 The mother referred to in paragraph 1 who was not competent to authority at the time of confinement shall be automatically granted at the time when it is authorized to do so, unless another authority is charged at that time.
3 If at the time of reference any other authority has the authority, the competent parent of the authority may ask the court to charge him with authority over the child.
4 If the other parent exercises authority over the child, this request shall be granted only if the judge considers it appropriate in the interests of the child.
5 If a guardian exercises authority over the child, the request shall be rejected only if there are grounds for fear that the interests of the child would be neglected by acceptance.
1 The competent parent of the child who has never exercised the authority together with the mother from whom the child was born may ask the court to have the parents with the joint authority or to him alone with authority over the child. task force.
2 If the request is intended to instruct parents with the joint authority and the other parent with joint authority does not agree, the application shall be rejected only if:
a. there is an unacceptable risk that the child would become trapped or lost between the parents and not be expected to have sufficient improvement within the foreseeable future; or
b. Rejection otherwise in the interest of the child is necessary.
3 When the other parent exercises authority over the child, the request to charge the competent parent, referred to in paragraph 1, only with the authority shall be granted only if the court so provides in the best interests of the child It is desirable.
4 Where there is no provision in the authority or in the case of a guardian, the application to charge the competent parent to the authority referred to in paragraph 1 shall be dismissed only if there are grounds for fear that such an authority may, if necessary, be The interests of the child were to be neglected.
5 A request to instruct parents with the joint authority as referred to in paragraph 1 may also be done by the mother from whom the child is born.
1 If the provision in authority of a child is intended to Article 253b, first paragraph In the absence of any possibility, the two parents may, in so far as they have the power of authority, request the court to be entrusted with the authority of the joint authority.
2 The request referred to in paragraph 1 shall be rejected only if there are grounds for fear that the interests of the child would be neglected if it was granted.
3 Both have requested otherwise than joint authority, the judge will accept the application of the person whose authority he considers most in the child's best interests over the child.
4 If, before the request of one parent is decided, the other parent obtains the authority of the child, the judge shall, if he considers it appropriate in the interests of the child, only to apply the application.
Acceptance of the request made by one of the parents referred to in the Articles 253b , 253c and 253d of this book if the other has exercised the authority so far, the result of which is that the latter loses authority. This action shall not take place if the parents are charged with the joint authority as a result of the judicial decision.
Following the death of one of the parents, the surviving parent shall exercise authority over the children in so far as and in so far as he exercises authority at the time of death.
1 If the parents dies who only exercise authority over their minor children, the judge shall prescribe that the surviving parent or a third party shall be charged with the authority of such children.
2 The judge shall do so at the request of the Board for Child Protection, the surviving parent or of its own motion.
3 The request to tax the surviving parent with the authority shall be dismissed only if the judge considers that the minor's interest shall be opposed to acceptance.
4 The provision of the preceding paragraph shall also apply if the deceased parent had designated a guardian in accordance with Article 292 of this book.
If, after the death of one of the parents, a guardian has been appointed, the judge may at any time alter that decision in an animal to the effect that the surviving parent shall be charged with the authority of the person concerned.
2 He only applies to that person at the request of the surviving parent, and not on the grounds that the circumstances have subsequently changed, or that the decision of incorrect or incomplete data has been taken into account.
3 When the other parent had designated a guardian in accordance with Article 292 of this book and has now occurred, this article shall apply mutatis mutandis, except that, provided that the request of the surviving parent is made within one year of the commencement of the custody, this application shall be rejected. If the judge considers that the minor's interest is against acceptance.
1 The minor woman who, as the person who has the authority, wishes to care for and nurturing her child, may, if she has reached the age of sixteen, ask the child judge to declare her age of majority.
2 The request may also be made for the benefit of the woman by the Board for Child Protection. It shall be subject to written consent. The request shall lapse if the woman withdraws its consent.
3 The request may also be made for childbirth by or for the benefit of the woman, and if the wife will have reached the age of sixteen years by the time of her delivery. In that case, the application shall decide not earlier than after giving birth or, if the woman has not reached that age for sixteen years, after it has reached that age.
4 The child judge wiles the request only if he considers it appropriate in the interests of the mother and her child. If another authority is entrusted with the authority, the mother shall be entrusted with it.
5 The underage woman is competent in law to act and appeal against a ruling.
1 In the case of joint authority, parents shall jointly control the child's assets and shall jointly represent the child in civil acts, except that any parent shall, provided that they are not objections to it, the other parent has been shown to have jurisdiction to do so.
2 Article 253 A of this book shall be applied mutatis mutandis except that 'the court' shall be replaced by 'the court judge'.
3 Exercising the authority of a parent shall be exercised by that parent and shall be the subject of the child's capacity and the child represented in civil acts.
4. derogations may be made from the first and third paragraphs:
a. if the Judge at the order entrugues the exercise of the authority of the child to one of the parents at the request of the parents or at the request of one of them, provided that the other is not opposed to it, provided that the person concerned has not so far that the parent who does not exercise authority over the child will carry out the reign over the child ' s ability;
b. due to Article 276, second paragraph, of this book , at the termination of the authority;
(c) if he who gives or entertained an underage goods, in the gift of a minor, has determined, by the disposition of the disposition of property, that another person shall be responsible for the rule of the goods.
5 In the latter case, the parents, or-in the case of a parent exercising the authority only-are the parent, competent authority of the trustee, and responsibility for the responsibility.
6 Upon expiry of the rule set by the donor or deceased person, the first and second paragraphs shall apply to the third paragraph of this paragraph.
The parents or a parent must carry out the rule of their child's assets as good directors. In the case of bad reign, they shall be liable for the damage attributable to them, except in the case of the fruits of such assets in so far as the law grants them the enjoyment of it.
On the rule of parents or a parent are the Articles 342, second paragraph , 344 to 357 and 370 of this book applicable mutatis mutandis.
1 Each parent exercising the authority over his child has the benefit of his or her ability. If the child resides with the parent and otherwise than occasionally benefits from work, it is compulsory to contribute to the cost of the household's household.
2 The first paragraph shall apply mutatis mutandis in cases where the authority of the parent has been terminated, unless the other parent exercises the authority.
3 The costs of fruit are related to the loads which are resting on fruit users.
The parent does not enjoy the ability to enjoy, with respect to which the deceased's disposition of the deceased or the gift has been determined that the parents will not have the fruit of it.
1 At the request of the unmarried parents or any of them, the court may have the joint authority, intended in the Articles 251, second paragraph , 252, 1st Member , 253q, fifth member , or 277, 1st Member , terminate, if the circumstances have subsequently changed, or when the decision of incorrect or incomplete data has been taken out. The court will then determine which of the parents will henceforth be the authority of each of the minor children.
2 The first and third member of Article 251a shall be applicable mutatis mutandis.
1 Decisions in which a parent is subject only to authority, given as a result of the provisions of the paragraphs 1 , 2 and 2a of this title and the provisions of Article 253n of this book may be amended, at the request of the parents or of one of them, by the courts on the ground that the circumstances have subsequently changed, or that the decision of incorrect or incomplete information has been taken on the basis of the decision.
1 Where the court orders the authority of both parents or a parent alone, this shall begin as soon as the decision in question has been res judiced, or, if it has been declared enforceable in stock, day after the decision has been made or dispatched.
2 After the dissolution of the marriage or after the separation of the table and the bed, however, the authority does not start before the decision on the dissolution of the marriage is entered in the registers of civil status or before the disposition of table and bed is entered in the marriage goods register, designated in Article 116 .
3 If an endorsement was made as intended in Article 252, first paragraph, of this book However, the authority entrusted to one of the parents shall not begin, after the entry of the latter has been passed by the Registrar. The Registrar shall inform both parents in writing of the deletion.
1 When one of the parents acting jointly to exercise authority over their underage children, on one of the Article 246 The other parent exercises only the authority over the children, on the grounds that they are not competent. When the grounds of lack of competence have fallen out, the joint authority shall be renown.
2 When both parents acting jointly to exercise authority over their minor children, to that end, on one of the following Article 246 Those grounds are not competent, the court appoints a guardian.
3 When a parent exercising only the authority, on one of the Article 246 the grounds for such jurisdiction are not competent to do so, the court shall charge the other parent with the authority, unless the judge considers that the interest of the minor is opposed to that object. And then she appoints a guardian.
4 Judgments referred to in paragraphs 2 and 3 shall be given at the request of a parent, blood or relatives of the minor, the child protection council, the certified institution, intended to Article 1.1 of the Youth Act -a legal person designated by our Minister for Security and Justice as referred to in Article 4 (2). Article 256, first paragraph , and Article 302, second paragraph Or of his own motion.
5 When the grounds of lack of competence in respect of the parent which exercised the authority only lapse, the court shall, upon request, again charge that parent with the authority unless the court judges that the minor's interest is Against this. At the request of the parents or one of them, he may jointly charge the parents with the authority.
1 Article 253q shall apply mutatis mutandis if:
(a) parents or the parent exercising the authority or not in the impossibility of being able to exercise the authority; or
(b) the existence or residence of the parents or of one of them exercising the authority is unknown.
2 In case one of the parents exercises the authority only in accordance with Article 253q, first paragraph , during the time of occurrence of one of the circumstances referred to in the first paragraph, the authority of the other parent shall be suspended. In the other cases, the authority shall be suspended until the courts or one of them, once again, in charge of the authority. By way of derogation from Article 253q, the court may only do so if the requirements are laid down in Article 277, first paragraph , it is fulfilled.
1 If, with the consent of his parents exercising authority over him, the child has been cared for and raised by one or more others for at least one year, the parents can only with the consent of those who are the children of the child. have taken care and education, change to the stay of the child.
2 In so far as the consents required under the preceding paragraph are not obtained, they may be replaced by that of the court at the request of the parents. This request shall be dismissed only if the child judge considers it necessary in the interests of the minor.
3 In the event of rejection of the application, the order shall be in force for a period to be determined by the court, which shall not exceed six months. However, before the end of that period is a request for the child's surveillance, or the termination of the authority of one or both of the parents, the decision shall remain valid until such time as the request has been decided on.
1 About the standing of their marriage or registered partnership born child practice a parent and his spouse or registered partner who is not the parent jointly out the authority unless the child is also in family custody. another parent.
2 The provisions relating to joint authority shall apply to these, with the exception of: Articles 251, second paragraph , and 251a, second and third members .
1 If the authority is based on a child with one parent, the court may, at the joint request of the person in charge of the authority and other than the parent who is in a close personal relationship with the child, together with the authority of the child, may jointly Charge child.
2 In the case where the child is also in a family-friendly relationship to another parent, the application shall be allocated only if:
(a) the parent and the other on the day of the request have had immediate care for the child for at least a continuous period of one year immediately prior to the request; and
b. the parent making the request on the day of the request for at least a contiguate period of three years has been entrusted with the authority only.
3 The request is dismissed if, partly in the light of the interests of another parent, there are grounds for fear that the interests of the child would be neglected if it were accepted.
4 The joint authority referred to in paragraph 1 shall not be granted in the cases provided for in the Article 253q, first paragraph , and Article 253r . It is not open to legal persons.
5 A request referred to in paragraph 1 may be accompanied by a request for the change of the sex name of the child in the generic name of the parent or other person responsible for the authority. A request shall be rejected in such a manner that
(a) the child of 12 years of age or earlier on the occasion of his hearing did not consent to the request;
(b) the application, referred to in paragraph 1, is rejected; or
c. the child's interest against allotment.
The joint authority shall begin on the day on which the decision making the appointment has been res judiced, or, if it is declared enforceable in stock, the day after the decision has been issued or dispatched.
1 On the joint authority exercise by the parent and the other are the Articles 246 , 247 , 249 , 250 , 253a , 253j to 253m , 253q, 1st Member , 253r and 253s applicable mutatis mutandis.
2 Article 253i shall apply mutatis mutandis, unless the parent responsible for the administration does not implement the Article 253i, fourth paragraph, point (a) or (c) .
3 Article 253n shall apply mutatis mutandis. The court does not issue a decision to terminate the joint authority, intended to Article 253t , after having given the parents or the non-authority parent to ask for the child's parents to charge, together with the authority of the child, or the non-authori-responsible parent, to ask the parents or the non-authority parent to be responsible for the care of the child. task force.
4 If after the termination of the joint authority of the parent and the other, the court has charged that other with custody, it may at any time because of change of circumstances at the request of the parents or of one of them in the interest of the parent (b) Child one parent with the authority or parents with the joint authority.
5 Article 253q, second paragraph , shall apply mutatis mutandis to the understanding that the court shall not appoint a guardian after having given the person not responsible for the custody of the child to request him with authority over the child in the interest of the child. task force. The request, in accordance with Article 253q, second paragraph , may also be done by the person other than the parent.
6 The Divisions 4 and 5 of this Title shall apply mutatis mutandis to the joint authority of the parent and the other, except that in the event of termination of the authority of the parent acting jointly with the other, the other shall not only be the authority is charged after the court has given the non-authority parent to ask him to charge him with authority over the child.
The other person exercising the authority of the parent together shall be obliged to provide a livelihood to the child under his/her authority. If the joint authority has ended by the majority of the child, the maintenance period shall continue until the child reaches the age of twenty-one. After a decision to terminate the joint authority has entered into force of res judiced or after the death of the parent with whom the authority was jointly exercised until the time of death, such maintenance shall continue to be the subject of a judicial decision. shall be in existence during the period of time that the joint authority has taken place, unless the court, in special circumstances, at the request of the parent or the other, determines a longer period. It shall end no later than the date when the child has reached the age of twenty-one. The Articles 392, third paragraph , 395a, 1st Member , 395b , 397 , 398 , 399 , 400 , 401, first, fourth and fifth member , 402 , 402a , 403 , 404, first member , 406 and 408 shall be applicable mutatis mutandis.
1 After the death of the parent who, together with the other, exercised the authority, that person shall be responsible for the custody of the children.
2 The court may at any time, at the request of the surviving parent, state that, provided that it is competent to do so, it shall be charged with the authority.
3 The Articles 253 G and h are not applicable.
1 The joint authority referred to in the Articles 253sa and 253t , end on the day on which the decision has been taken in force of res judiced to the effect that the parents have been granted joint authority or joint authority of the parent and the other.
2 The decision referred to in paragraph 1 shall be enforceable in stock, the joint authority of the parent shall end and the other day after the decision has been issued or dispatched.
This part has not (yet) entered into force; see the summary of changes
For the purposes of this Section, the certified establishment shall: certified as intended to be established in accordance with Article 1.1 of the Youth Act .
1 The child judge may under the supervision of a certified institution a minor if a minor grows up so that he is seriously threatened in his development, and:
a. The care required in connection with the removal of the threat to the minor, or to his parents or the parent exercising the authority, is not accepted or is not sufficiently accepted by this person; and
(b) the expectation is that the parents or the parent exercising the authority, within a period considered acceptable to the person and the development of the minor, the responsibility for the care and education of the person concerned, is justified. in Article 247, second paragraph , be able to carry.
2 The child judge can supervised a minor at the request of the Children 's Protection Board or the Public Prosecutor' s Office. Also, a parent and the person who is not the parent and the minor as belonging to his family shall be responsible for making the application if the child protection council does not submit the request.
3 If the Board fails to submit an application for supervision after it has requested the examination as referred to in Article 4 (2), Article 2.4, first paragraph, of the Youth Act has received, he shall notify it in writing to the college of mayor and aldermen that the request has been made. After receiving the communication, the Mayor may ask the Children's Protection Board to ask the child judge whether it is necessary to have the minor subject to the supervision of a certified institution. The Child Protection Board received by the Mayor shall, within two weeks of the date on which the request is made, request that the judgment of the child judge or an understatement of the minor be followed. In such a case, the child court may pronounce on its own motion the subsupervisory position.
4 The child court shall state in the order the specific threats made in the development of the minor, and the appropriate duration for which the under-surveillance will apply.
5 If the request, referred to in paragraph 2, does not concern all minors who have the authority of the parents or the parent, the child-judge may, at the request of the Council for the Protection of Children or of its own motion, supplement them, and those minors, provided that the first paragraph has been complied with, also subject to supervision.
1 The child judge can pass a minor by or for whom application to grant residence permit for certain time as intended. Article 28 of the Aliens Act 2000 has been submitted and associated with it in a centre as referred to in Article 1 (d) of the Central Org for asylum seekers stay, subject to the supervision of a legal person accepted for that purpose by our Minister of Justice.
2 Our Minister of Justice may lay down conditions or impose conditions on acceptance, referred to in paragraph 1, and accept the legal person for a specified period of time.
3 The supervisory and legal persons referred to in paragraph 1 shall be subject to the provisions of the first paragraph. Divisions 4 and 5 and Article 326 applicable mutatis mutandis.
4 In the case of a replacement of the legal person on the basis of Article 259 , is appointed a certified institution that has a contract or subsidy relationship with the municipality where the minor is domicile as intended in the Juvenile law This is The same shall apply where the legal person no longer fulfils the requirements for appointment as referred to in the first paragraph, in which case the child court shall, of its own motion, proceed as a replacement, unless the duties of the person concerned continue to be carried out by the said legal person for the reason for continuity is necessary.
1 The child judge may provisionally supervise the minor from a certified institution if there is a serious suspicion that the land is intended to be Article 255, first paragraph , is fulfilled and the measure is necessary to take away an acute and serious threat to the minor.
2 The second member of Article 255 shall apply mutatis mutandis. The child judge shall determine the duration of such supervision for a period of not more than three months and shall be entitled to revoke the decision at any time.
The duration of the subordination shall be, except as provided for in the Article 260 -No more than a year. The duration of the provisional surveillance system shall not be deducted from this.
The Children ' s Court may replace the certified institution that oversees it by another certified institution, at the request of the certified institution which oversees it, the Child Protection Board, an authority. the parent or the minor of 12 years of age or older.
1 The child judge may, provided that the ground is specified in Article 255, first paragraph , having been satisfied, the duration of the maintenance period shall be extended by not more than one year.
2 The child court may extend the undersupervisory position at the request of the certified institution that has the supervision. If this certified institution does not transfer to a request, the child protection council, a parent, the person who is not the parent and the minor as belonging to his family shall be responsible for raising and raising the child's family and the public prosecutor. to the making of the request.
1 The child court may lift the under surveillance position if the ground, intended in Article 255, first paragraph No longer has been fulfilled.
2 He may do so at the request of the certified institution which has the supervision. If this certified institution does not go beyond a request, the child protection board, a parent responsible or the minor of 12 years of age or older, shall have the power to do the request.
1 The certified institution supervises the minor and ensures that the minor and the parent or parent responsible are provided with assistance and support to ensure concrete threats in the development of the minor, intended in Article 255, fifth paragraph , within the duration of the surveillance process, shall be removed. The efforts of the certified body are designed to allow parents or the parent to bear the responsibility for the care and education of their children as far as possible.
2 If the level of development of the minor and his ability and need to act independently and to set up his life as a result of his or her own discretion, the efforts of the certified institution are (i) to increase the independence of the minor.
3 The certified institution shall promote the family link between the parents or parent and the minor in charge of authority.
1 The foundation shall, in order to carry out its task as the first parent or parents with authority to draw up a plan of approach or a plan of action together with relatives, relatives or others belonging to the social environment within six weeks. to modify an existing plan. Only if the specific threats in the development of the child give rise to or otherwise harm the interests of the child, the Foundation may refrain from doing so.
2 If the plan of approach is suitable to meet concrete threats within the duration of the subordination, Article 255, fifth paragraph , to take away, applies it as the plan, intended in Article 13, third paragraph, of the Law on Youth If the plan of approach to the opinion of the foundation is not suitable to remove the concrete threats, the foundation shall inform it of the intention of the plan of approach to the parent or parents with authority within five working days of the provision of the plan. Member of the Commission, and shall give them the opportunity to adapt the plan of approach within two weeks. If within this period the Foundation does not receive any appropriate plan of action or receives a plan of action which, in its opinion, is not appropriate to remove the specific threats, it shall itself propose a plan as referred to in Article 13; Third Member, of the Law on Youth.
3 At the request of an officer in charge of custody or the minor of 12 years or older, the child court may let the plan of approach be applied if the plan is intended to be Article 13, third paragraph, of the Law on Youth . Article 264, second and third paragraphs , shall apply mutatis mutandis.
Disputes relating to the implementation of the under-surveillance system concerning conduct as referred to in Article 3 (2) of the EC Treaty Article 4.2.1 of the Youth Act , with the exception of, may be submitted to the child court. The child judge shall, at the request of a parent responsible for the custody of the minor of 12 years of age or over, the certified institution, the person caring for and raising the minor as belonging to his family, or the provider of care or the person responsible for providing the child with the child. provider of youth assistance as intended Article 1.1 of the Youth Act , where the minor has been placed, a decision such as to prevent him in the best interests of the minor. He tests before deciding a settlement between the parties concerned.
1 The certified body may give written instructions to the implementation of its task concerning the care and education of the minor. It may do so if the parent or the minor who is in charge of the authority does not agree, or does not cooperate or do not sufficiently cooperate in the implementation of the plan, as referred to in Article 4 (2). Article 4.1.3, first paragraph, of the Youth Act or if this is necessary in order to remove the specific threats in the development of the minor.
2 The parent or parent in charge of authority and the minor shall follow a written instruction.
3 The certified institution may request the child court to endorse a written instruction. At the same time, a compulsory means of coercion authorised by law may be requested in the event of failure to comply with such designation unless the child's interest precluded the imposition of such a decision.
1 At the request of a parent in charge of authority or by the minor of 12 years of age or older, the child judge may declare a written instruction to be void in whole or in part. The request shall not have suspensive effect, unless the child court decides otherwise.
2 Upon submission of the request, the decision of the certified institution shall be submitted.
3 The time limit for submitting the request shall be two weeks and shall start from the day following that on which the decision was sent or awarded.
4 In respect of a request submitted at the end of that period, no declaration of inadmissibility shall be omitted if the applicant cannot reasonably be held to be in breach of his or her absence.
1 At the request of the person to whom the designation is addressed, the certified institution may withdraw a written indication in whole or in part by reason of changed circumstances.
2 The certified institution shall give its decision in writing and within two weeks of receipt of the request.
3 Article 264 shall apply mutatis mutandis.
4 The failure or failure to make a decision in time by the certified institution shall be the same as the rejection of the request. In such a case, the time limit for lodging the request to the child court shall run for as long as the certified institution has not decided and ends, if the certified institution has decided, after a period of two weeks, to calculate the application. effect from the day on which the decision was sent or issued.
The placement of the minor during the day and the night outside the family shall be provided solely with the authorisation to apply for the placement of the minor.
1 If this is necessary in the interests of the care and education of the minor or for the examination of his or her mental or physical condition, the child-judge may be the certified institution, as referred to in Article 3 (2). Article 1.1 of the Youth Act , entrusted with the implementation of the surveillance procedure at its request, authorise the minor to be removed from the house for the day and night.
2 The authorization may also be granted at the request of the Board of Child Protection, or at the request of the Public Prosecutor's Office. The Children 's Protection Board or the Public Prosecutor' s Office shall submit to the request, referred to in paragraph 1, the decision of the college of mayor and aldermen. Article 2.3, first paragraph, of the Youth Act over.
By way of derogation from the second paragraph, the child judge may grant authorisation to provide for home placement without a decision of the Board of Mayor and aldermen having taken a decision to that effect, if the child's interest so requires.
4 For entry and stay as referred to in Article 6.1.2, first paragraph , or 6.1.3, first paragraph, of the Youth Act does not require authorisation as referred to in the first paragraph, but an authorisation as referred to in the said Article members. This authorisation shall apply to the application of Article 265a as an authorisation referred to in the first paragraph.
1 The duration of the authorisation to take place shall not exceed one year, except as provided for in the second paragraph. Where a minor has been provisionally placed under supervision and has been granted a simultaneous transfer authorisation, the duration of such authorisation shall not be deducted from the maximum period of one year.
2 At the request of the certified institution, the child court may extend the duration by not more than one year. If the certified institution does not proceed to a request, an extension may take place at the request of the child protection council or the public prosecutor ' s office.
3 An authorisation shall lapse if it has not been implemented after three months.
1 A home placement may be terminated by the certified institution if it is no longer necessary for the purposes of the care and education of the minor or to carry out the research, intended Article 265b, first paragraph , and the best interests of the minor are not opposed to termination.
2 The parent responsible for the custody of the minor of 12 years of age or of a parent, or any other person who takes care of his or her family as belonging to his family, may request the certified institution because of changed circumstances:
a. To terminate the home placement;
(b) shorting its duration;
(c) to waive a change in the place of residence of the minor authorised under the authorisation, except where the authorisation is already in force for the purposes of applying Article 265i was granted.
3 The certified institution shall give a written decision within two weeks of receipt of the request.
4 At the request of a person referred to in paragraph 2, the child court may revoke the authorisation in whole or in part, or shorn the duration thereof. Article 264 (1), first paragraph, second sentence, second to fourth paragraphs ; and Article 265, fourth paragraph , apply.
1 The child court may, when granting authorisation to home placement and also after the granting of such authorisation, determine, upon request, that the authority is partially exercised by the certified institution exercising supervision, provided that this is necessary in relation to the implementation of the surveillance system. He may do so in respect of:
a. the notification of the minor to an educational establishment;
b. giving consent to a medical treatment of the minor under 12 years of age or of the minor of 12 years of age or older who cannot be regarded as capable of a reasonable appreciation of his interests in the matter; or
(c) making an application for the grant of a residence permit for the minor, as intended for the purposes of the Articles 14 or 28 of the Aliens Act 2000 .
2 The duration of the partial exercise of the authority shall not exceed that of the authorisation granted to home placement.
3 The child court may extend the duration of the partial exercise of the authority for a period of not more than one year.
4 Upon request, a decision as referred to in the first or third paragraph may be amended due to changed circumstances.
5 The requests referred to in the first, third and fourth paragraphs may be made by the certified body exercising the supervision. If this certified institution does not request a request, the child protection council or the person who is not the parent and the minor as belonging to his family shall be responsible for making the application.
1 Where necessary in connection with the child placement of the minor, the certified institution may, for the duration of such placement, limit the contacts between an established parent and the minor.
2 The decision of the certified institution shall be considered as a written indication. Article 264 and Article 265 shall be applicable mutatis mutandis, except that the child court may establish such rules as it would appear desirable in the interests of the minor.
1 For the duration of the under-surveillance, the child judge may, at the request of the certified institution, establish or amend a distribution of the care and education tasks or an exercise on the exercise of the right of association it is necessary in the best interests of the minor.
2 At the request of a parent in charge of authority, a transitional person, the minor of 12 years of age or of a parent and the certified institution, the child court may amend the decision referred to in paragraph 1 on the ground that the person concerned is entitled to circumstances have changed, or that the decision of incorrect or incomplete data has been taken into account.
3 As soon as the surveillance procedure has ended, the scheme adopted pursuant to paragraph 1 shall apply as a 'scheme' Article 253a, second paragraph, point (a) , then Article 377a, second paragraph .
1 If a medical treatment of a minor less than 12 years of age is necessary to prevent serious danger to his or her health and the parent exercising the authority refuses his consent, this consent may, at the request of The certified institution shall be replaced by that of the child judge.
2 The first paragraph shall apply mutatis mutandis to a medical treatment of a minor of 12 years of age or older who cannot be regarded as capable of a reasonable appreciation of his interests in this respect.
1 The certified institution needs the permission of the Children's Right to change the stay of a minor who has been raised and cared for at least one year by another as the parent of belonging to his family.
2 The consent shall be granted by the child judge at the request of the certified institution and only dismissed if the child judge considers it necessary in the interests of the minor.
3 If the child court rejects the application referred to in paragraph 2, it may also provide that the surveillance and authorisation to apply for home placement shall remain in force for a maximum period of one year. The certified establishment shall implement the authorisation to export the home placement.
1 Where the certified institution considers that non-prolongation of the supervisory position is to be carried out in accordance with Article 260, second paragraph , or non-renewal of the authorisation to provide for home placement, intended to be carried out in accordance with Article 265c, second paragraph Where appropriate, it shall, in good time but no later than two months before the expiry of the duration of the under-surveillance or authorisation to take-home placement and on presentation of a report of the progress of the under-surveillance system or the Home placement communication to the Board for Child Protection.
2 The certified institution may terminate a home placement for the period for which it is allowed. The certified institution shall notify the Council of its intention to do so in good time but at the latest one month before the intended time of termination and on presentation of a report on the progress of the home placement. child protection.
3 If an underoversight of the home placement has lasted for two years or more, the request for an extension of the surveillance and use of the certified institution shall be accompanied by an opinion of the Council for the child protection with regard to the prolongation of that underoversight. The certified institution shall, on a timely basis and at the latest two months before the expiry of the surveillance statement, notify the Board of Child Protection of its intention to submit a request.
1 Requests pursuant to this Section shall be made in writing. To the extent that they are addressed to the child court, they may be filed without a lawyer with the exception of the request referred to in Article 262b .
2 The certified institution which submits a request or summoned at the hearing shall forward the plan to the application or without delay after the appeal. Article 4.1.3, first paragraph, of the Youth Act , and a report on the progress of the supervision of the child courts.
3 The plan and report referred to in paragraph 2 shall also be sent to the Board of Children's Protection.
4 The requests made by the certified body for the execution of its task to the court may be made without a lawyer and shall be treated free of charge; the grossen, copies and extracts, which it applies for that purpose, shall be submitted to the competent authority; issued by the Registrars free of all costs.
1 The court may terminate the authority of a parent if:
a. A minor growing up so that he is seriously threatened in his development, and the parent does not have responsibility for the care and upbringing, intended Article 247, second paragraph , is capable of being carried within a term acceptable to the person and development of the minor, or
b. the parent abused the authority.
2 The authority of the parent may also be terminated if the authority has been suspended, provided that the first paragraph is fulfilled.
1 Termination of the authority may be expressed at the request of the Board for Child Protection or the Public Prosecutor ' s Office. Also, the person who is not the parent and the minor for at least one year as belonging to his family shall be responsible for making the application if the child protection council does not request that a request be made.
If the Council fails to make a request under paragraph 1, after receiving a request for the examination of the certified institution carrying out the undersupervision of the minor, he shall inform it of the request to that effect. in writing to that certified institution. The certified institution may, upon receipt of that communication, request the Board of Children's Protection to seek the judgement of the court or the termination of the authority. The child protection Board receiving such a request from the certified institution shall, within two weeks of the application of that request, request the opinion of the court or a termination of the authority. In such a case, the court may ex officiate the termination of the authority.
1 The court may suspend any parent, in whole or in part, in the exercise of the authority if:
a. A serious suspicion exists that the ground, intended to Article 266, first paragraph, introductory wording and point (a) or (b) is fulfilled and the measure is necessary to remove an acute and serious threat to the minor; or
(b) a medical treatment of a minor less than 12 years of age or of a minor of 12 years of age or older who cannot be regarded as capable of a reasonable appreciation of his interests in the matter, is necessary to constitute a serious risk to to avert his or her health and to refuse authorisation from a parent exercising the authority.
2 If the parents jointly exercise the authority, during the suspension of the authority of one of them, the authority shall be exercised by the other parent only, unless the child judge is a certified institution as intended for Article 1.1 of the Youth Act -with the custody of the child in custody. In that case, the authority of this parent has also been suspended.
3 The suspension is both parents or a parent exercising only the authority, then the court charged with a certified institution as intended. Article 1.1 of the Youth Act -with provisional custody of the minor. The certified institution shall have the powers of a guardian.
4 Article 267 shall apply mutatis mutandis.
5 The suspension in the exercise of the authority shall lapse after a period of three months from the day of the decision, unless the authority has been requested to terminate it before the end of that period.
Instead of the suspension of both parents or of a parent in the exercise of the authority referred to in Article 268 , the court may put a child under surveillance as intended Article 255 provided that the ground has been complied with.
1 If the parents jointly exercise the authority, after the termination of the authority of one of them, the authority of the other parent will henceforded be exercised by the other parent only.
2 In the event of termination of the authority of a parent exercising the authority only, the other parent may at any time request the court to be entrusted with the exercise of authority. This request shall be granted if the court considers it necessary in the interests of the minor.
3 The court which rejected the application referred to in the previous paragraph may change this decision. However, it does so only at the request of the parent concerned, and not on the basis of circumstances which the judge has not been able to take into account when it is given.
1 If the other parent does not exercise the authority only henceforward, the court shall appoint a guardian on the minors.
2 Any person empowered to exercise custody may, during the course of the investigation, request in writing to be charged to the court with the custody of the court.
3 In the case of termination of authority at the request of the foster parents, the court shall, preferably, appoint those persons or the person who, at the time of the request, has taken care of the minor for at least one year as belonging to their families. and raised, provided that they are competent for custody.
1 If the parent whose authority has been terminated was in charge of the power of his children, he shall also be ordered to take into account and be accountable to his successor in this rule.
2 The children have goods in common, but they come under the authority of different persons, then the court may designate one of these or a third party to conduct the government of these goods until the division. The appointed director shall establish the guarantees required by the court.
3 Under the rule of the previous paragraph Article 253k If one of the parents is designated as a trustee, and otherwise Section 6 (10) of this title. In the event of exclusion, the director shall be responsible for the destruction of legal acts of a minor part, with a view to the management or disposal of the goods under the rule of law.
1 The court may reinstate the parent whose authority has been terminated, at his request, in the authority if:
a. Restation in authority in the best interests of the minor; and
b. the parent enduring responsibility for the care and education of the minor, intended in Article 247, second paragraph , is able to carry.
2 If, on the occasion of the termination of the authority, the authority is entrusted to the other parent, the court in charge in charge of the parent whose authority was terminated and which only the application referred to in paragraph 1 does not have the authority, unless the authority of the Court of First any circumstances after taking the decision authorising the other parent, have changed or taken into account in the decision of incorrect or incomplete information. Article 253e shall apply mutatis mutandis.
1 A request as referred to in Article 277 of this book can also be done by the Board for Child Protection.
2 Pending investigation, both the Child Protection Board and the parent to be reinstated may request the court to hold the decision until the end of a probationary period of up to six months to be determined; during that time it will be child to be resident in the authority to recover. The court shall have jurisdiction to terminate the probationary period at any time.
Custody begins:
a. for the guardian appointed by a parent: at the time when he declares himself willing to accept custody after the death of that parent. The certificate must be made by the person concerned, in person or by special agent, at the Registry of the court, which, in accordance with the second section of the Third Title of the First Book of the Code of Civil Procedure, is to be held in accordance with Cases relating to minors are competent. The statement must be made within fourteen days, or-if the person, who is to make the statement, is outside the Netherlands-within two months, after the appointment has been served. To service, any interested party, as well as the Board of Children's Protection, may be ordered to service.
b. for the guardian who-after being prepared to accept custody-has been appointed by the courts: on the day on which the decision making the appointment has gone into force of res judiced, or-if it is enforceable in stock declared-a day after the decision making the appointment has been issued or sent. An oral procedure shall be submitted to the judge who appoints, and a written decision shall be lodged at the Registry where the appointment is to be made.
1 Custody ends on the day on which the decision in force of res judiced states that:
a. The guardian has been dismissed or custody has been terminated;
b. the authority of the minor under his custody is assigned to one or both parents; or
c. custody in accordance with Article 299a of this book is dedicated to another guardian.
2 Is a decision referred to in the first paragraph, declared enforceable in stock, then the custody term ends on the day after the decision is issued or sent.
1 At the sole request of the guardian and another who is in a close personal relationship to the child, the judge may determine that custody is exercised jointly by them.
2 For the duration of the joint exercise of custody, both persons referred to in paragraph 1 shall be regarded as guardianship.
3 The request is dismissed if there are reasonable grounds for fear that the interests of the child would be neglected if it were accepted.
4 Joint exercise of custody is not possible with regard to temporary custody as intended in the Articles 296 and 297 . It is not open to legal persons.
5 Article 253a shall apply mutatis mutandis.
6 By way of derogation from Article 336 have two guardians who jointly exercise custody, the duty and the right to care for and educate the minor child. Article 253w as long as joint custody continues, with respect to both of them from corresponding application, unless it concerns foster parents who are in charge of joint custody and who have signed a foster contract with a healthcare provider as Intended in Article 5.2 of the Youth Act .
7 A request as referred to in paragraph 1 may be accompanied by a request for amendment of the child's sexual name in the generic name of one of the guardians. An application shall be rejected in such a manner as to:
(a) the child of 12 years of age or earlier on the occasion of his hearing did not consent to the request;
b. The request for joint custody is rejected; or
c. the child's interest against allotment.
Joint exercise of custody shall end on the date on which the decision in which the joint exercise of the custody has been terminated or in which the custody of the joint exercise has been terminated due to the execution of the Article 281 As well as after the death of one of the guardians.
After the death of a guardian who exercised custody together with another person, the other guardian now only exercises custody of the children.
The requests made by the certified institution Article 1.1 of the Youth Act , or the legal person, in accordance with Article 302, second paragraph , in connection with the exercise of the custody of the judge, can be filed without a lawyer and are treated free of charge. Grexes, copies and extracts of applications for which they are requested shall be issued by the Registrars free of all costs.
1 A parent may, by disposition of property, or by such endorsement, be included in the register, which is intended to be used in the register. Article 244 , determine which person or any two persons after his death will henceforward exercise the authority over his children as guardian of their own as a joint guardians.
2 He may not designate a legal person as a guardian.
3 Both parents have exercised this power, and they die without being able to know who died first, then the court shall be of the order of its own motion whose decision or endorsement is due.
(4) If a parent has been appointed by decision and by note several guardians, the last indication shall be due.
The scheme affected by the parent shall have no consequence or no expiry:
(a) where, after his death, the other parent carries out his or her children, in law or in accordance with the judicial decision;
b. if and to the extent that he does not have authority over his children at the time of his death;
c. if the other person acting jointly with the parent is to be the guardian of the children by law.
The court appoints a guardian on all minors, who are not under parental authority and in whose custody have not been lawfully provided.
1 Is provision necessary pending the commencement of custody in accordance with Article 280 of this book, then the court appoints a guardian for the duration of these circumstances.
2 As soon as the circumstances have expired, this guardian shall be dismissed by the court at the request of the person he replaces.
1 The court appoints a guardian as well, when provision is necessary for:
a. temporary impossibility, in which a guardian is located, to exercise the authority; or
b. any lack of awareness of the existence or residence of the guardian; or
Failure of the guardian, exercising the authority.
2 Is the appointment to the first member under C founded, then the court may award the appointed guardian a reward and the defaulted guardian to the minor is liable for the costs occasioned by the replacement, as well as, subject to his story on the appointed guardian, for his operations.
3 If the circumstances referred to in paragraph 1 have been allowed to lapse, the guardian may be dismissed by the court at his own request or at the request of the person he replaces unless the court considers it necessary not in the best interests of the child.
4 If, in the event of joint exercise of custody, one of the circumstances referred to in paragraph 1 arises in respect of one of the two guardians, the other guardian shall exercise authority over the children. As soon as this circumstance has expired, joint custody relives. The second paragraph shall not apply.
During the custody of the two preceding Articles, the exercise of custody shall be suspended in respect of the guardian in question.
The court shall appoint the guardian at the request of blood-or relatives of the minor, child protection council, creditors or other interested parties, or of its own motion, except Article 282a .
1 The person who has taken care of and raised a minor in his family for at least one year in his family, other than under an under-surveillance or custody placement, may ask the child court to ask him, or a legal person as referred to in Article 302 of this book -to appoint a guardian.
2 If the minor is cared for and raised by more than one person as belonging to the family, the request may only be made jointly by these persons.
3 The request may also be made by the Board for Child Protection.
4 The child judge shall accept the request only if he considers it to be in the best interests of the minor, and that he has been sufficiently satisfied that the guardian is not prepared to discharge himself from his ministry. He shall, preferably, appoint the person whose appointment is requested to be a guardian, provided that he has jurisdiction in the exercise of custody.
5 The request referred to in paragraph 1 of the first paragraph shall continue to be Second paragraph of Article 336 A -From this book outside, until the request has been decided upon in the case of res judiced.
6 In the case of joint custody of the custody, the consent referred to in paragraph 1 shall be given by both guardians.
1 The official of civil status shall immediately inform the court:
(a) of the death of any child who is underage children;
(b) of the declaration of birth of each child, to whom the mother of whom the child was born does not exercise the authority of law.
2 If the marriage of the deceased who fails children, had been dissolved, or the deceased was separated from the table and bed, the civil servant of the civil status-such as the other parent still lives-notice that these circumstances also in court. The court, if any other, shall forward the notification it has received to the court, which shall decide on the request for the dissolution of the marriage or for the separation of the table and the bed.
1 The judge may transfer custody to a certified institution as intended. Article 1.1 of the Youth Act .
2 Without prejudice to the appointment of a natural person for the purpose of appointing a natural person, the Judge may apply for custody of a minor by or for whom an application for the grant of a residence permit for a specified period of time is as intended. Article 28 of the Aliens Act 2000 has been filed, and in connection with it, in the Netherlands, as well as the categories of other minors to be designated by our Minister of Justice, are only contributing to an established legal person accepted by our Minister of Justice.
3 Our Minister of Justice may lay down conditions or impose rules on acceptance, referred to in paragraph 2, and accept the legal person for a specified period of time.
4 To a legal person referred to in the second paragraph, the Articles 303 , 304 , 305 and 328 applicable mutatis mutandis.
In so far as the law does not otherwise determine, the certified institution referred to in Article 1.1 of the Youth Act , who is in charge of custody, the same powers and obligations as other guardians.
1 With the certified establishment specified in Article 1.1 of the Youth Act the directors shall be jointly and severally liable for any damage which is due to any failure to exercise custody.
2 However, each driver will be able to free himself from his liability by proving that he has no fault of the damage.
1 The certified establishment, for the purpose of Article 1.1 of the Youth Act , which places him with trusted minors from home, keeps the Board for Child Protection at the height of the places where they are located.
2 The places, where a foundation as intended in Article 1 (f) of the Law on Youth Minors shall be visited by the Board of Children's Protection so frequently to assess the condition of the minors.
3 The articles 265b, fifth paragraph , 265c, first and third members , 265j, second paragraph, first sentence , and 265d, fourth paragraph, first sentence , and 265k, 1st Member , shall apply mutatis mutandis.
1 Without permission of the court, a certified setting as intended Article 1.1 of the Youth Act a minor who has been entrusted to him outside the Netherlands.
2 The judge shall grant this permission only if he considers the placement of the minor to be appropriate.
The Sixth Section of this Title does not apply to the exercise of the provisional guardianship as referred to in the Articles 241 , 268 and 331 .
1 Each guardian may remove from his ministry if:
a. He demonstrates that, as a result of a mental or physical absence arising from the inception of his ministry, he is no longer able to take that one;
b. he is the pensionable age specified in Article 7a, first paragraph, of the General old-age law , has reached;
(c) a person empowered to do so in writing has agreed to take over custody, and the court considers that it is in the interest of minors.
2 In the case of joint custody, the first paragraph shall apply only if the two guardians are willing to discharge their duties.
At the request of the guardians jointly or of one of them, the judge shall terminate the joint exercise of custody. The judge will then determine who of the two will henceforth transmit the authority to each of the minor children alone.
1 When a guardian on one of the Article 246 of this book has been unqualified for the custody of this book, defies the court and replaces him with another guardian.
2 She shall do so at the request of the guardian, blood or kin of the minor, the council for child protection, creditors or any other interested party, or of its own motion.
3 If, in the event of joint custody of one of the two guardians, one of the grounds set out in paragraph 1 arises, the other guardian shall exercise the authority of the children alone.
4 Once the grounds of lack of jurisdiction expire, joint custody relives.
1 Children subject to the custody of natural persons may be subject to supervision.
2 This is the subject of supervision Section 4 of Title 14 applicable mutatis mutandis, however, that the supervisory position and its extension may also be requested by the guardian.
The court may terminate the custody of a natural person if:
a. a minor growing up so that he is seriously threatened in his development, and the guardian does not have responsibility for the care and upbringing, intended Article 247, second paragraph , is capable of being carried within a term acceptable to the person and development of the minor, or
(b) the guardian has abused the authority; or
c. does not have the following Article 2 of the Law integrating foreign children for adoption required initial consent.
The court may have the custody of a certified institution as intended Article 1.1 of the Youth Act or of a legal person as referred to in Article 302, second paragraph , terminate if a minor grows up in such a way that he is seriously threatened in his development, and:
a. It does not exercise its functions in a responsible manner as intended to Article 4.1.1, second paragraph, of the Youth Act , or
b. Fate in accordance with Article 305 To keep the Board of Children's Protection informed.
1 Termination of the custody may be delivered at the request of the Board for Child Protection, the Public Prosecutor ' s Office or one of the Blood or Relatives of the minor up to the fourth degree.
2 Where: Article 336a In addition, the termination may be requested by the person or persons caring for and raising the minor as belonging to their family.
3 In the case of: Article 367 , the court may terminate the custody order of its own motion.
1 The court may suspend, in whole or in part, a member of the custody of a natural person in the exercise of the authority if:
a. A serious suspicion exists that the ground, intended to Article 266, first paragraph, introductory wording and point (a) or (b) is fulfilled and the measure is necessary to remove an acute and serious threat to the minor; or
(b) a medical treatment of a minor less than 12 years of age or of a minor of 12 years of age or older who cannot be regarded as capable of a reasonable appreciation of his interests in the matter, is necessary to constitute a serious risk to to avert his or her health and to refuse the guardian's consent.
2 If custody is exercised jointly, after suspension of the custody of one of them, custody by the other guardian is exercised only unless the child judge is a certified institution as intended. Article 1.1 of the Youth Act -with the custody of the child in custody. In that case, the authority of this other guardian has also been suspended.
4 Article 329, first and second paragraphs , shall apply mutatis mutandis.
5 The suspension in the exercise of the authority shall lapse after a period of three months from the date of the decision, unless before the end of that period of time the custody of the custody has been requested.
Instead of suspending the guardian in the exercise of custody and provision in provisional custody as intended. Article 331 , the court may subject the minor under surveillance as intended Article 254 of this Book .
The court rejecting a request for termination of custody is authorized to subject a minor under supervision as intended. Article 255 .
1 If the court ruling the termination of custody, it shall also provide for the authority, subject to the provisions of the third paragraph.
2 Any person who is competent to exercise the authority may, during the investigation, request in writing to the Court of Justice to be taxed.
3 If joint exercise of the custody and termination of custody is only one of the guardians, custody will henceforward be exercised by the other guardian alone.
The person whose custody has been terminated on the basis of Article 327, first paragraph, introductory wording and under a, b or c may not be appointed again for the guardian of the minor.
The guardian shall ensure that the minor is cared for and brought up in accordance with his or her capacity.
1 If the minor has been cared for and brought up by another or others than his guardian, as belonging to the family with the consent of the guardian for at least a year, the guardian cannot but with the permission of those who care and have taken up, make changes to the stay of the minor.
2 In so far as the consents required under the preceding paragraph are not obtained, they may be replaced by that of the court at the request of the guardian. This request shall be granted only if the child judge considers it necessary in the interests of the minor.
3 In the event of rejection of the application, the order shall be in force for a period to be determined by the court, which shall not exceed six months. However, before the end of this period is a request for the child's underoversight, the termination of custody or a request for the purpose of the supervision of the child. Article 299a, of this book The decision shall continue to apply until such time as the request has been decided on in the case of res judiced.
4 In the case of joint exercise of custody, the consent referred to in paragraph 1 shall be given by both guardians.
1 The guardian represents the minor in civil acts.
2 The guardian must carry out the rule on the ability of the minor as a good guardian. In the case of bad reign, he shall be liable for the damage caused.
3 Where goods which have been given or are forfever-ing the minor have been placed under rule, the guardian shall be responsible for the recovery of the trustee's account and responsibility. If this regime expires, the goods will come under the rule of the guardian.
1 In the case of joint exercise of custody, the powers conferred by the guardian on the basis of the Paragraph 10 and 11 has been exercised jointly by the guardians, it being understood that the powers shall also be sent to a guardian only unless objections from the other guardian have been revealed.
2 The obligations set out in the said paragraphs shall rest on each of the guardians.
1 The guardian ensures that the funds of the minor, as compiled at the beginning of his custody, will be inventorized as soon as possible.
2 Within eight weeks of the commencement of his or her custody, the guardian shall submit to the Registry of the district court of the district in which the residence of the minor is situated in writing of the restated funds present at the beginning, securities to bearer and savings bank booklets.
3 Within eight months of the commencement of his or her custody, the guardian shall deliver a book description signed to him at the Registry of the arrondissement of the Arrondissement of the minor, signed by the guardian in order to confirm its soundness. Location.
4 The description of the changes to the composition of the assets up to the date of their preparation is included in the description of the description.
1 Where the goods of the minors do not exceed € 11 250, the guardian may, according to a model drawn up by our Minister of Justice, be prepared by the guardian rather than the President of the European Parliament. Submit book description. The guardian of two or more children of the same parents shall be sufficient to make such a statement only if, in addition, the goods of the minors must not exceed a value of € 22 500.
2 The court may at any time provide that a description of the amount of the minor, as set out at the date of his decision, must be made out by analogy with the previous article; and Supplied.
1 The cantonal court may, in cases of necessity, set a longer period for the submission of a description of the book or a statement, as provided for in the previous article.
2 If, within the time limit prescribed, neither a book description nor a statement as referred to in the preceding Article has been supplied, the cantonal judge shall, within 10 days of the end of that period, call upon the guardian.
1 In the description of the book or in the statement of information referred to in Article 339 of this book , the guardian must give up what he has to claim from the minor. Failing this, he will not be able to exercise his right of claim for the majority of his majority.
2 As long as the guardian is not able to exercise his entitlement, the principal sum of his claim shall not bear interest.
1 The four previous articles shall apply by analogy, when the minor is given the capacity to receive inheritance, succession or making funds during the custody of the minor.
The inspector to whom the declaration of application for the right of success, transfer or donation is to be lodged, and to whom is known of its own motion that the minor has acquired his or her own funds, shall be obliged to the court of jurisdiction of his place of residence of the person of his own motion. to be told.
Without prejudice to his liability for damage caused by his poor rule, the guardian may, for the minor, perform all acts which he considers necessary in his interest, useful or desirable, subject to the following conditions: articles.
1 Insofar as the cantonal judge is not otherwise determined, the guardian shall, in the case of the minor, give the effects of the minor in custody:
a. de Nederlandsche Bank N. V.;
b. a financial undertaking which is a financial undertaking under the Law on financial supervision the holding of the bank in the Netherlands;
2 The cantonal judge may give instructions on the manner in which savings bank accounts and funds of the minor are to be kept. The cantonal judge, under whose approval a division is to be established, may give instructions such as this on the occasion of such a breakdown. Incidentally, the cantonal judge, designated in the second division of the third title of the first book of the Code of Civil Procedure competent.
3 For securities of bearer, savings books and funds, which shall be the subject of the minor together with one or more other persons, the provisions of the preceding paragraphs shall apply where the legal guardian under his resignation is responsible.
1 The court is required to authorise the court judge to carry out the following acts on behalf of the minor:
a. Agreement of agreements on goods of the minor, except where the act relates to money, can be regarded as an ordinary administrative act or is subject to a court order;
b. Doing gifts, other than usual, not supermediated;
Adopt a making or gift, to which burdens or conditions are connected;
d. borrow money or connect the minor as a guarantor or a principal co-debtor;
e. agree that a book, to which the minor is entitled, will be left undistributed for a specified period of time.
2 The cantonal court may provide that the guardian is required to have his authority to collect claims of the minor, dispals over balances at a bank as referred to in Article 1: 1 of the Law on Financial Supervision Including that.
3 Before entering into an agreement to terminate a dispute involving the minor, the guardian need not have authority in the case of: Article 87 of the Code of Civil Procedure or if the object of the uncertainty or dispute does not exceed € 700, or if the agreement is considered to be a management act.
1 The guardian cannot purchase, rent, or rent a goods of the minor, without the cantonal judge approving the agreement to be concluded.
2 In the case of a public sale, lease or lease, the approval shall be requested within one month thereafter.
1 One in battle with Article 345 or 346 The minor is voidable to be carried out in respect of the minor; on the ground of destruction, only an appeal may be made from the minor.
2 The previous paragraph shall not apply to a legal act other than if the other party was in good faith and for a legal act which has not adversely affected the minor.
1 The guardian may, without the cantonal judge approving the agreement to be concluded, obtain no charge against the minor, or any limited right to his goods of a third party.
2 Missing this approval, then the agreement is null and void.
1 Shall be dismissed as inadmissible a guardian who acts in legal proceedings without the permission of the district court for the minor as a claimant, or appeals against a ruling.
2 The guardian may not be held in an order brought against the minor without the permission of the court judge or in a judgment given.
3 He may, before the minor has been carried out for the minor, or against a judgment given in default, be held responsible by the court of cantonal courts.
1 The guardian shall ensure an efficient investment of the assets of the minor.
2 It is necessary for any investment of funds of the minor to be authorized by the cantonal court. However, in so far as the court judge is not otherwise determined, he may, without his or her authorisation, apply in particular to the minor in a financial undertaking referred to in Article 3 (2). Article 344, first paragraph, part b on accounts intended for the investment of funds of minors, with the clause that the funds shall be repaid only with the permission of the cantonal court.
1 Where the funds of the minor or part thereof have been placed in an undertaking in trade, agriculture or industry, the guardian may not continue the cases for account or of the minor only, or of the minor. Then with the permission of the cantonal judge.
2 Without the permission of the court judge, the guardian shall not leave a estate to which the minor is entitled to be undistributed.
In spite of the lack of the necessary authorization, acts by the guardian are contrary to Article 350 or Article 351 -That's valid.
The guardian cannot surrender without the permission of the cantonjudge of a minor future share in a decomposed marriage community.
The cantonal judge may at any time call for the guardian to be interrogated. It shall be obliged to supply all information requested by the cantonal court.
1 To a parent responsible for the authority or to a parent who has only the rule of power and who has declared his intention to enter into a marriage or a registered partnership, the cantonjudge may bear within a a description of the children's assets and to provide such a description or a copy thereof at the Registry of the Court.
2 The Articles 339 , 340 and 341 of this book shall be applicable mutatis mutandis.
1 Instructions and permissions, as referred to in this paragraph, shall only give the cantonal judge, if it proves necessary in the interest of the minor, to be useful or desirable. He/she may give special or general authorisation, and shall attach thereto such conditions as may be appropriate.
2 He may revoke a given designation or authority at any time or modify the conditions attached thereto.
If the cost of a measure ordered for the benefit of an underage has been charged by a judicial decision, in the event that the minor's assets are to be addressed-in the place of the aid to which the child is liable to the Article 345 of this book ' permission provided by the court judge, the designation of the goods which will be sold or to be sold.
1 The guardian may charge all necessary, appropriate and duly justified expenses to the minor.
2 If the cantonal court determines an amount which may be spent each year on the care and raising of the minor, or for the cost of managing his assets, the guardian shall not be required to specify the use of that amount. justification.
3 The court of cantonal court may grant a salary to the guardian of the minor if he considers it to be reasonable in view of the gravity of the burden of the rule. Outside this case, the guardian shall not charge a salary for himself, unless he is assigned to him by the deed, where he is appointed by a parent.
1 The court of office may at any time, at the request of the other guardian or of its own motion, impose on the guardian the obligation to present an account of his rule on the goods of the court of law, each year or once in the two or three years at the Registry of the court. the minor.
2 The date for the submission of the account is determined by the cantonal court.
3 If, in the case of joint exercise of custody, one of the guardians has only submitted the account, he must simultaneously forward a copy of the account to the other guardian. It may lodge objections to the court in two months ' time.
1 In the case of disagreement on the account, the cantonal judge may order an improvement in that opinion.
2 He may appoint one or more experts in order to examine the account submitted.
3 The court of cantoner may bring the costs of this investigation, if bad rule, to the guardian, in whole or in part.
4 The guardian will receive a copy of the written notice to be submitted by the experts.
5 In the case of joint exercise of custody, both guardians shall receive the copy referred to in paragraph 4 and the court may also jointly bring the costs referred to in paragraph 3 to the custody of the guardians.
The minutes shall be held periodically by the guardian or a copy thereof at the Registry of the Court of Justice.
The court may, at the request of the other guardian or of its own motion, determine the damage caused by the underage of the guardian by the law of the guardian, and shall condemn the latter for its compensation.
1 The cantonal judge may at any time order that the guardian be given security for his reign. It shall determine the amount and nature of the security. Deposit of securities to bearer of the guardian shall be effected by their deposit with the Nederlandsche Bank.
2 The court of office shall prescribe a reasonable period of time within which the guardian must prove to him that he has asked the security required of him.
3 The court of cantonal court may allow the guardian to replace a security lodged by another. If the interest of the guardian is to require or to maintain the expiration of a security, the cantonal judge may authorize it to do so on behalf of the minor.
1 The security lodged by the guardian shall cease as soon as his or her account has been approved, or as soon as the actions relating to his/her reign are in accordance with Article 377 of this book Old age.
2 Then, at the cost of the underage mortgage enrollments, withdrawals and pledges on bids in the debt registers for loans from the State have been removed.
If the guardian is in default:
a. To comply with an order of the cantonal court to appear before him;
b. A book description or a statement as referred to in Article 339 of this book to be delivered;
c. to present his periodic account at the date specified by the court judge;
d. savings bank booklets belonging to the underage must be kept in accordance with the prescribed conditions or effects which he has not been required to carry out in particular;
e. to provide the cantonal judge with the proof that he has asked any of him to have security; or
f. to pay the damages, to which the cantonCourt shall pay him Article 362 of this book has been convicted,
may notify the Board of Ministers of the Child Protection Board.
Similarly, the cantonjudge can inform the Board of Children's Protection, that:
a. The guardian in cases where he needs permission from the cantonal court, acting in his own authority;
b. he appears to have engaged in disloyalty, dereliction of duty or misuse of power in his reign.
The Board of Children's Protection, which receives such communication from the cantonal judge, shall, after examining the other conduct of the guardian of the minor, submit to the judgment of the Commission within six weeks of the date of the day's day. court the question, or termination of custody on grounds of Article 327 of this book must follow.
1 If minors under the custody of various guardians have goods in common, the cantonjudge of the place of residence of one of the minors may designate one of the guardians or a third party for the purposes of the division of the rule. - The nominated director shall be responsible for the guarantees required by the judge.
If the power specified in paragraph 1 is conferred on different judges, it shall expire after one of them has taken advantage of it.
3 The rules governing the rule of a guardian shall apply mutatis mutandis to the rule of government. In the event of exclusion, the director shall be responsible for the destruction of legal acts of the minor, with a view to the management or decision of the goods under government.
1 The court of appeal may, at the request of the guardian or of his own motion, under rule the funds of the minor or any part thereof, including the fruits, for the duration of his or her minority, if he so It needs judgment. In the case of joint exercise of the custody of custody, it shall be decided under-wind only if the request is made jointly by both guardians.
2 The court judge shall appoint the director and shall determine the amount of the salary to be paid. He may decide, at the time of institution of the rule, that the guardian must pay, in whole or in part, the costs caused by the underrun, including the salary, and that the guardian, subject to his/her story on the subject, must be reimbursed to the person responsible for his or her duties. Director, for his operations, shall be liable to the minor. In the event of joint exercise of the custody, these obligations are imposed on both guardians.
3 The rules governing the rule of a guardian shall apply mutatis mutandis to the rule of government. In the event of exclusion, the director shall be responsible for the destruction of legal acts of the minor, with a view to the management or decision of the goods under government.
4 The court judge shall determine the benefits to be paid by the trustee of the assets under the rule and the benefits thereof to the guardian and in the case of joint custody of the guardians for the care and education of the person who is responsible for the custody of the person who is responsible for the custody of the person who is responsible for the custody of the of the minor or for the purposes of administering his or her non-administrative goods. He may, at any time, at the request of a guardian or the director, or on its own motion, amend those decisions.
5 The director shall be obliged to provide the cantonal judge at any time by any information it requires.
6 He is also required every year and at the end of his rule to the guardian, and in the case of joint custody of the guardians, the age of majority or the heirs of the minor, when he is deceased, to the guardian. take account of the cantonal court and be accountable.
7 Disputes which arise in the accounts and accounts shall be decided by the court of cantonal courts.
If one of the parties fails to do so in the absence of such a statement of account and responsibility, the Articles 771 et seq. of the Code of Civil Procedure applicable.
9 The court may, at any time, at the request of the director, a guardian, or of its own motion, abolish or dismiss the director and replace it by another.
The guardian shall be obliged to notify the court of any change in his place of residence at the Registry of the Court of Justice.
1 The Registrar of the court which appoints a guardian shall forthwith inform the court of the court of the district in which the place of residence of the guardian is situated.
If the guardian is no longer in the district or has been succeeded by a guardian in another district, the Registrar shall without delay send the custody documents to the Registrar of the arrondissement of residence of the guardian or successor guardian. His address must be given.
After the end of his term of office, the guardian shall immediately take into account and be accountable. The costs will be paid by the guardian. However, they shall be charged to the minor. To the extent that the costs cannot be recovered from the minor, they shall be borne by the parents and, if they cannot be recovered from them, from the State.
1 This account and responsibility shall be the guardian either to the parent of the age or to the heirs of the minor, when he has died, or to his successor in the office.
2 If the joint exercise of the custody has ended and as a result the authority is exercised by one of the guardians alone, the one whose custody has ended shall be taken into account and held accountable to the person exercising the custody only.
1 account shall be taken of the right of account of the cantonal court, within whose jurisdiction the guardian whose rule ends is domicile.
2 Disputes, which may arise when the account is to be taken out and held, shall be decided by the court of cantonal courts.
3 If one of the parties fails to make this statement of account and responsibility, then the Articles 771 et seq. of the Code of Civil Procedure applicable.
A legal act addressing or performing with the guardian of the majority holding on custody or custody account shall be voidable, if it is done before the taking of the account and the responsibility; only from the An appeal may be made to the ground of destruction of the majority of recruited members.
Whatever the minor remains guilty of to the guardian, shall not bear interest, as long as he is not-after the closing of the account-with the satisfaction of the due to default.
Any action taken on the basis of the custody of the underage of the minor and of the guardianship of the guardian shall be based on five years from the date on which the latter is subject to the custody of the latter.
1 The child has the right to deal with his parents and to the one who is in a close personal relationship to him. The parent who is not in charge of authority shall have the right to deal with his child and shall be obliged to deal with it.
2 The judge shall, at the request of the parents or of one of them or the person in a close personal relationship to the child, whether or not for certain periods of time, whether or not to issue a rule on the exercise of the right of access, whether or not For some time, the right to deal.
3 The judge dissociates the right of association only if:
a. dealing seriously at a disadvantage for the mental or physical development of the child, or
b. The parent or the person who is in a close personal relationship until the child is manifested clearly unfit or clearly incapable of dealing, or
(c) the child who is 12 years or older, in the examination of serious objections to his or her parent, or to the person with whom he has shown in a close personal relationship; or
d. handling otherwise is contrary to important children's interests.
1 The parent responsible for the authority is obliged to inform the non-authority parent of any important matters relating to the person and the ability of the child and to consult it-if necessary through intervention of third parties-decisions to be taken on that matter. At the request of an earlier parent, the court may lay down rules on the procedure.
2 If the interest of the child so requires, the Judge may, at the request of the parent responsible and of its own motion, determine that the first paragraph of this Article shall remain outside the scope of application.
3 Article 377e shall apply mutatis mutandis.
1 Without prejudice to the provisions of Article 377b of this book, the non-authorized parent, if requested by third parties who have information on important facts and circumstances relating to the person of the child, or his care and education, on the basis of such information shall, on request, be Unless that third party would not provide the information in an equal manner to the person in charge of the child or to whom the child has his habitual residence, or the child's interest against the provision of the information resistance.
2 If the information has been refused, the Judge may, at the request of the parent referred to in the first paragraph of this Article, provide that the information shall be provided in the manner which he/she shall be given. In any event, the court shall reject the application if the child's interest is opposed to the provision of the information.
1 Without prejudice to the second paragraph of this Article, the exercise of the right to use shall start as soon as the decision in question has been res judiced or, if it is declared enforceable, on a daily basis after the entry into force of the decision Decision has been issued or sent.
2 The exercise of the right of association shall begin, if at the same time a decision on authority is or is given, not earlier than at the time when the authority has begun its authority before the other parent or guardian.
The court may, at the request of the parents or of one of them or of the person in a close personal relationship, make a decision on the handling of the child as well as a transitional arrangements made by the parents on the basis of which he/she is subsequently, the circumstances have changed, or that the decision of incorrect or incomplete information has been taken into account.
The judge may, if it proves that the underage of twelve years of age or older has such a price, give an ex officio decision at the foot of the Articles 377a or 377b , or such decision at the foot of Article 377e of this book. The same applies if the minor has not reached the age of 12 years, but can be regarded as capable of a reasonable appreciation of his interests in the matter.
1 An adult can be placed under receivership by the cantony judge if he does not properly or permanently properly perceive his interests or endangering his or her safety or that of others, due to
a. His physical or mental state, or
b. habit of drink or drug abuse,
and adequate representation of those interests cannot be achieved by means of a more appropriate and less-reaching provision.
If it is to be expected that, in respect of a minor at the time of the age of majority, that of one of the grounds mentioned in the preceding paragraph will be present for receipment, the course may be before the age of majorities. pronounced.
3 The right to whom a request for a provisional or conditional authorisation, an observation period or an authority to pursue continued residence as referred to in the Court of First Law on special drawings in psychiatric hospitals , or an authorization as specified in Article 33, first paragraph of that law is also entitled to the knowledge of a request for a sub-course of action.
1 The curatele may be requested by the person concerned, his spouse, his registered partner or other living person, his blood relatives in the straight line and on the sidelines up to and including the fourth grade, the person who has Article 253sa or 253t exercise the authority of the person concerned, his guardian, his trustee, as referred to in Title 19 and his mentor as intended in Title 20 .
2 The curatele may also be requested by the Public Prosecutor's Office and by the institution where the person concerned is cared for or who provides guidance to the person concerned. In the latter case, the application shall also specify the reasons for which the persons referred to in paragraph 1 did not, on the sidelines of the third and fourth grades, fail to submit a request.
1 The court to which the request for a hearing was brought or was last referred may, on request or of its own motion, appoint a provisional director; the order shall indicate the time at which it enters into force.
2 He shall regulate in this Decision the powers of the director. He may be the administrator of the rule of control of certain or all goods. The administrator may also grant other powers to the judge, but not those which do not have a liquidator. In so far as the courts do not otherwise determine, the person whose action is sought may, in respect of such goods, do not carry out, without the help of the administrator, the acts of management and decision, or enter into agreements until such time as the courts have been required to do so. Disposal of those goods.
3 The decision may also provide that debts which the person whose receipted has been requested to make, after the publication of the appointment, may not be liable to the goods under administration during the course of that rule and the course of the course, if the latter follows: That's right
4 The decision may be amended or withdrawn at any time by the court seised of the request for a course of study or as last pending.
5 The director shall be entitled to remuneration in accordance with the rules laid down by our Minister for Security and Justice.
1 The curatele shall work as from the day on which it is pronounced. In the case of: Article 378, second paragraph , the curatele shall work as from the time of the age of the age of age.
2 These times are the inept of inept legal acts in so far as the law does not otherwise determine.
3 A person entitled to receivership is competent to perform legal acts with the permission of his liquidator in so far as it is competent to carry out such legal acts for the persons under curatele. The authorisation may be granted only for a particular legal act or for a particular purpose. Permission for a particular purpose must be given in writing.
4 With regard to matters relating to care, nursing, treatment and counselling of an under-curated are the Articles 453 and 454 of this book applicable mutatis mutandis.
5 He is competent in respect of funds made available by his liquidator for the maintenance of his own resources, in accordance with that purpose.
6 In matters of curatele, the person whose role is the competent authority is competent to take legal action and to appeal against a ruling.
He who has been placed under curatele under the habit of drink or drug abuse, remains competent to perform family-related acts in so far as the law does not otherwise determine.
1 The judge setting the receivership shall appoint a liquidator as soon as possible thereafter. He shall be aware of the will and shall constitute an opinion on the appropriateness of the person to be appointed.
2 The judge shall, when appointing the liquidator, follow the explicit preference of the person concerned, unless justified grounds are opposed to such appointment.
3 Unless the previous paragraph has been applied, if the person referred to in receipted is married, has entered into a registered partnership or otherwise has a living, preferably the spouse, registered partner or other person have been appointed as a curator of life. If the previous sentence does not apply, preferably one of his parents, children, brothers or sisters will be appointed as a curator. If he is the subject of receipted, he enters a registered partnership or obtains another person, each of them may request that the spouse, the registered partner or the other person not under receipted should be a partner. in the place of the present curator is appointed.
4 Legal persons with full jurisdiction may be appointed as liquidators.
5 The following persons may not be appointed as liquidators:
(a) their capacity to act;
b. For the benefit of whom a mentorship is established;
c. the trustee of the curated person in the sentence Article 287, third paragraph, of the Bankruptcy Law ;
d. A directly involved or treating aid worker;
e. persons belonging to the management or to the staff of the institution where the trainees are provided or who provide them with the guidance given under the curated supervision;
f. persons associated with the institution where the receipted under curatele is provided or provided to the receipted guidance, by:
1 ° the institution or persons belonging to the leadership of the institution, alone or together, more than half of the voting rights in the general assembly of the legal person may exercise, or more than half of its directors or of the able to appoint or dismiss Commissioners of the legal person,
2 ° the person and the institution are part of a group within the meaning of Article 24b of Book 2 , or
3 ° the driver of the legal person shall also belong to the institution or staff of the institution.
6 Those of whom one or more goods under a rule as referred to in Title 19 state, those who are in a state of bankruptcy and they cannot be appointed as liquidator in respect of whom the natural persons debt restructuring scheme applies, unless it is a person referred to in the third paragraph and the rule on the ability of the curatele appointed by the co-urator.
7 Any person other than that referred to in the third paragraph who is a curator, administrator or mentor for the benefit of three or more persons shall be eligible for appointment only if he or she is responsible for his management and training, and, if so, the recruitment, training and monitoring and supervision of the persons by whom he exercises the duties of a liquidator complies with quality requirements to be laid down by a general measure of management, as well as the obligations laid down in the Article 386, third paragraph , and in Article 15i of Book 3 .
8 The person referred to in paragraph 7 shall submit to the judge who appoints him:
(a) his declaration of compliance with the quality and quality requirements referred to in the seventh paragraph,
b. An auditor ' s report as referred to in Article 393, first paragraph, of book 2 , from its findings on the manner in which the requirements and obligations are fulfilled, and
c. a statement by the auditor on the balance sheet and record of benefits and charges, Article 10 of Book 2 , or, where applicable, on the annual accounts in accordance with Title 9 of book 2 . Article 396, seventh paragraph, of book 2 is with respect to Article 393 (1) Not applicable.
The form and content of the declarations and the report, as well as the manner in which they are presented, may be subject to detailed rules for general measures of management. If the person shows that he has already submitted the declarations and the report to the court in the 12 months preceding his appointment, he shall be exempt from the production.
9 The presentation of the statement by the auditor referred to in paragraph 8 shall be released:
a. Those who are financial undertakings which are Law on financial supervision to carry out the holding of a bank;
Notaries;
c. bailiffs,
d. Auditors.
In the case of a general measure of management, the undertakings and professionals referred to in the preceding sentence may be exempted, in whole or in part, from the requirements of the seventh paragraph relating to recruitment, training and business operations.
10 The court may appoint two liquidators, unless justified grounds are opposed to such appointment. If there are two curators, each of them can carry out the tasks assigned to a receivership only. The court may, if necessary, establish a division of tasks between the curators. In case of disagreement between the curators decided upon request of one of them or at the request of an institution as referred to in Article 379, second paragraph -The cantonal judge. It may also determine a distribution of remuneration.
11 The task of the liquidator shall commence on a daily basis after the decision, on the appointment, has been issued or dispatched. With that day, the provisionalgovernment ends. The provisional director shall be obliged to take account of his interference by the court of cantonal court and to take account of his or her interference; he shall be appointed liquidator himself, the account shall be taken to the court and the court shall be responsible for the account and responsibility of the court. Go to If the administrator has been appointed before the age of majority of the person under receivership, his task shall begin at the time when the curatele enters into force.
12 If the request for undercuration is rejected, the provisional trustee will end once a day after that ruling unless the court decides otherwise, and in any case no later than a day after the rejection is in force of res judiced is gone.
If a decision, in which italatele is pronounced, is destroyed in appeal or in cassation and the request for a course of action is rejected, the task of the liquidator on the day after that decision shall be taken to an end. The actions taken by the liquidator or with his consent shall continue to be binding on the items which have been made subject to curatele.
1 Subject to the entry in the Articles 383 and 384 certain find the Articles 250 and 280 (b) , 281 (1) (a) and (2) , 322, first paragraph, points (a) and (c) , 324 , 336 and 372-377 in the case of a corresponding application, subject to the condition that
a. in the case of appointment of a parent to the receiver of a reasoned statement as intended: Article 280 (b) is not required;
b. Court of Justice shall be read cantonjudge;
(c) no powers to the Council for the purpose of child protection in this field;
d. at any time, either at his own request or for important reasons or because he no longer meets the requirements of being liquidated, can be dismissed by the court of cantonal court, at the request of the co-curator or the person who has the right to request the curatele as intended Article 379 -or of his own motion. Article 448 (2), second paragraph, third member and fifth member , shall apply mutatis mutandis;
e. the receiver, the account and responsibility, for the purpose of Article 374 , shall be transferred to the competent court of cantonal courts at the end of his/her term of office.
The liquidator shall, each time after five years, or as much earlier as the court judge, lay down this report on the course of the course of action. In particular, he is concerned about whether or not the curatele should continue or be replaced by a less-stretched supply. Facts which are of significance to the curatele and its continuation he shall forthwith inform the court of the cantonal judge.
1 The term of office of the guardian shall apply mutatis mutandis to the administrator's office. However, the account and justification of his/her reign during the course of the course shall be submitted annually by the liquidator, unless the court judge has determined that it may take place at any other time. Our Minister for Security and Justice can establish a model according to which the account and accountability must be drawn up. The liquidator, for the purpose of Article 383, seventh paragraph , annual declarations and the report referred to in Article 383, paragraph 8 shall be made. The liquidator shall, at the request of his work, report to the court of cantonal court. The receiver is entitled to pay in accordance with the rules laid down by our Minister for Security and Justice.
2 The receiver shall ensure an efficient investment of the assets of the curatele, in so far as this is not to be spent for sufficient care of the under-curated.
3 Unless otherwise determined by the cantonal court, the liquidator shall be required to open an account as soon as possible from a financial undertaking which is responsible for the Law on financial supervision in the Netherlands, the holding of a bank; the liquidator is also required to make use of that account as far as possible for the payments made or received in the course of the performance of his task.
4 For the application of the Articles 365 to 367 the district attorney replaces the Children ' s Protection Board and the dismissal provided in the Article 385 (1) (d) in the place of the dismay of the guardian on the grounds of Article 327 (1) (b) . Announcements and shipments as intended Article 371a , shall be done only if: Article 12, fourth paragraph , the appropriate course does not apply to the relevant curatele.
5 If a married or registered partner is placed under receipation, and between the spouses or registered partners the board is otherwise divided between their goods and the goods of the community than according to the rules of the law and of In the case of a prenuptial agreement, the judge shall determine whether and to what extent the distribution will apply to the liquidator.
6 The court may require the liquidator to give access to his books, records and other data media. It may also require a copy thereof.
1 The curatele ends:
2 The court may, if the need to do so no longer exists or the continuation of the receivership has not proved to be appropriate, abolish the course, at the request of the liquidator or the person entitled to request the receivership as referred to in Article 2. Article 379 And of its own motion. The decision shall enter into force as soon as it has entered into force of res judiced, unless it designates an earlier time of entry.
3 The person who is entitled to request the curatele as intended Article 379 , as well as the curator, may request for extension of a curatele set up for a specified length of time. The court judge shall decide within two months of the submission of the application. Article 384 shall apply mutatis mutandis. No appeal shall be opened against the rejection of a request for renewal.
All statements granting or removing a curatele or annulating a pronunciation to undercuration, as well as decisions as in the case of Article 380 within 10 days of being able to be implemented, shall be published in the Official Journal of the European Union by the Registrar.
1 A public register shall be kept by a body to be designated by a general measure, and shall be subject to legal proceedings relating to the receipor to be referred to in the court. Title 19 In the register, for each of the students and for each of the authorities to be entered in the register, the following shall be entered, together with a reference to the day's drawing:
1 ° the name and date of birth of the curatele and the rightholder;
2 ° an extract from the judgments of the courts, which shall establish, renew or eliminate the receipor or the rule for the purposes of squandering or of problematic debts;
3 ° an extract from the judgments of the courts, where, in so far as the courts so Article 436, third paragraph, third sentence , has determined, the rule of law is set, extended or lifted by reason of physical or mental status;
4 ° the ground on which the curatele is set;
5 ° to the extent applicable, the date on which the curatele or the rule ends;
6 ° an extract from the judgments of the courts, appointing, suspended or dismissed by a liquidator or administrator;
7 ° the name and address of the liquidator or liquidators and the director or directors and the division of tasks, to the extent that the judge has established them.
2 Each person shall have access to the register free of charge and shall be able to obtain an extract from them on payment, subject to compliance with or under the conditions laid down in the Annex. Law Registry on Civil Matters Some.
3 The Registrar of the Court of Justice shall issue to the institution referred to in paragraph 1 above, the information referred to in points 1 to 7, and the notice of the death of the receipted or receipted person, of the register referred to in the first paragraph.
4 The end of the course and the rule by the end of the period of time for which the measure has been introduced shall result in the registration of the entry in the public register on the day following the end of the period of time. A decision to remove the curatele or the rule will result in the removal of registration in the public register at the time the decision has been taken in force of res judicata. The death of the entitled person or the person entitled leads to the removal of the registration in the public register, after the Registry of the Court of Justice has received the notice of death.
1 For the provision of livelihood based on blood or adoring activities:
a. the parents;
b. the children;
c. Married children, in-laws and stepparents.
2 This obligation exists, except as regards parents and stepparents to their minor children and stepchildren, and to their children, intended to Article 395a of this book , only in the event of the need for a living person.
3 The persons mentioned in paragraph 1 are not required to provide maintenance to the extent that this is the case of the spouse or a former spouse or registered partner or former registered partner in accordance with the conditions laid down in the Fifth title a , Sixth , Ninth or Tenth title of this book Some may be obtained.
The intertwatter of a child who has only a mother, as well as the person who has agreed as a mother ' s life companion to an act that may have resulted in the birth of the child, is as if he is older obliged to provide for the cost of care and education of the child, or, after reaching the age of the majority of the child, to provide for the cost of living and study according to the Articles 395a and 395b . Afterwards, this obligation exists only in the event of the child's neediness.
A stepparent is, without prejudice to the provisions of Article 395a of this book , only to provide maintenance for the minor children of his spouse or registered partner belonging to his family during his or her marriage or registered partnership.
1 Parents are obliged to provide for the cost of living and study of their adult children who have not reached the age of one and twenty years.
2 A stepparent is required during his or his marriage or registered partnership towards the adult majority of his spouse of his spouse or registered partner who has not reached the age of one and twenty years. provide for the costs referred to in the preceding paragraph.
1 The court determined the amount, that a parent or stepparent or, in accordance with Article 394 , the weathered or the person in Article 394 He/she is the same as for the care and education of his underage child or stepchild and this obligation has been in force until the age of age of the child, with effect from that date. judicial decision as a provision of the amount of maintenance and study as in Article 395 A of this book intended.
2 The same applies, if with the application of Section 8.2 of the Youth Act a parental contribution has been established.
1 The obligation of spouses and in-laws to the provision of maintenance lapses, when the marriage of the married child has been dissolved.
2 The obligation does not apply to a married child, which is separated from the table and bed, and towards a parent-in-law, after it has been remarried.
1 In determining the amount of subsistence payable under the Law by the Blood and Relatives Act, account shall be taken, on the one hand, of the needs of the eligible maintenance and, on the other hand, of the carrying capacity of the benefit to be paid obligatory person.
2 If several blood or relatives are obliged to provide a livelihood to the same person, each of them shall be obliged to meet part of the amount which the maintenance entitled to be entitled to. In determining this part, account shall be taken of the strength of each person and of the relationship, in which each person is entitled to the person entitled to it.
1 Where he is obliged to earn a living, he is not able to raise the money required for that purpose, the court may order the blood or related, to whom he owes a living, to take his home and live there from him. provide the necessary conditions.
2 Parents are always empowered to ask the courts to allow them to discharge their child's obligation to their needy majority in accordance with the conditions laid down in paragraph 1.
The court can moderate the obligation of blood and relatives to living on the basis of such conduct of the entitled, that the provision of maintenance for reasonableness cannot or should not be fully required; without prejudice to the provisions of the following section on the provision of costs for the care and education of underage children and step children.
1 If a person is obliged to provide maintenance to two or more persons and his carrying capacity is insufficient to provide this fully to all, his children and step children who have not yet reached the age of one and twenty years have has achieved primacy over all other maintenance recipients and has his spouse, his former spouse, his registered partner, his former registered partner, his parents and his children and stepchildren who are the age of a And twenty years have taken precedence over his married children and his in-laws.
2 Agreements which waive the basis of the law of the law shall be null and void.
A court ruling or a maintenance agreement may be amended or withdrawn by a subsequent court ruling if it subsequently ceases to comply with the legal measures by changing circumstances. The foregoing sentence shall not apply to a request for amendment of a period which the court has set on the basis of Article 157 whether it is included in an agreement as referred to in Article 158 .
2 The time limit set by the Court on the basis of the third or fifth paragraph, or Sixth paragraph, second sentence of Article 157 whether it is included in an agreement as referred to in Article 158 , may be amended, at the request of one of the former spouses, in the event of such a substantial change in circumstances that the applicant cannot continue to maintain the period by criteria of reasonableness and fairness. -What?
Extension is not possible if the court so requires Article 157, fifth paragraph -It's determined. On a request for renewal, the fifth paragraph, second and third sentences, of Article 157 applicable mutatis mutandis.
3 Parties may agree in writing that the first sentence of the first paragraph shall apply to a request for amendment of a period of time which is included in an agreement as referred to in Article 3 (1) of the Treaty. Article 158 .
A judgment in the courts may also be amended or repealed, if it did not reply from the outset to the legal criteria by reason of the fact that the judgment was based on incorrect or incomplete information.
5 An agreement on maintenance may also be amended or withdrawn if it has been entered into with gross disregard of legal standards.
1 The Judge, who determines, amends or withdraws the amount of a living allowance shall also determine the day of the payment of this amount or to be payable.
2 When fixing an amount, the court shall also determine whether this is to be met on a weekly, monthly or quarterly basis.
3 If, on the day that the ruling could be implemented, more than one period of time has appeared or should be paid back more than one term, the court may also grant a payment in instalments for that.
1 The amount of the maintenance fixed by a court or agreement shall be amended each year automatically by a percentage to be determined by our Minister of Justice, which, subject to the provisions of the third and fourth cases, shall be determined by the Court of Justice. member, corresponding to the percentage difference between the index of earnings per 30 September of any year and the corresponding index in the previous year.
The amendment shall enter into force on 1 January following the date specified in paragraph 1. The decision setting the rate shall be published in the Official Gazette.
3 In the case of a general measure of management, the term 'index of wages' shall be defined.
4 The percentage of change in the cost of living can be rounded off to tenths of one percent. Where the percentage of the difference referred to in the first paragraph is the second or subsequent figure below the decimal point, there shall be no rounding up to the point where such figures are to be rounded down.
5 The change of law may be ruled out either wholly or for a specified period by a court ruling or by agreement. It may also specify that, and in what way, the amount of the maintenance will be changed periodically as from the law.
6 In the judgment, where the second sentence of the previous paragraph has been applied, and also subsequently, the court may give an arrangement on the manner and timing of the person liable for payment to the person liable to benefit from the payment of the benefit information to be provided for the purpose of determining the change in the amount of the maintenance. Such decisions may be made and subsequently amended at the request of the person required for the benefit of the benefit or entitled to benefit.
7 The exclusion of the change of law may be withdrawn by a court ruling. In so far as it concerns an exclusion where the second sentence of paragraph 5 has not been applied, revocation may be effected only in the cases provided for in the second sentence of paragraph 5. Article 401 of this book .
8 The enforcement of an enforceable title relating to the payment of the maintenance shall be effected taking into account, at the time of implementation, any change of law or taking into account the changes made to it at the time of its implementation. in accordance with the second sentence of the fifth paragraph of this Article.
No benefit shall be due in respect of the time which has elapsed for more than five years at the time of the application.
1 Parents are obliged to provide for the costs of care and education of their minor children.
2 Equal obligation exists for a stepparent in the case of Article 395 of this book .
1 If a parent or stepparent does not receive his obligation to provide care and education, or not, the other parent or guardian may ask the court to determine the amount that this parent or stepparent will receive for the benefit of of the child will have to turn out.
2 The court may already determine the amount referred to in the preceding paragraph at the same time as a decision on the authority to be taken by it.
An op Article 394 A request may be made for the benefit of an underage child by him who has authority over the child. The parent or guardian of the child needs the Article 349, first and second paragraphs -That's not the authority.
The court may, at the request of a parent, amend the amount of a person to exercise jurisdiction after the dissolution of the marriage after the dissolution of the marriage after the dissolution of the marriage after the dissolution of the marriage. the provision of the preliminary provision of authority for the provision of certain periodic benefits to cover the costs of care and education.
1 A provision for provision in the cost of care and education or provision for the cost of living and study, the amount of which is in a judicial decision, including the decision on the basis of Article 822, first paragraph, point (c) of the Code of Civil Procedure , is laid down, shall be paid to the parent who is caring for and raising the child or paid to the majority under the age of majority for the purposes of the minor.
2 At the request of an entitled person referred to in paragraph 1 of a debtor or at the joint request of an entitled and debtor, the National Agency shall collect maintenance contributions on the recovery of the Maintenance is in itself. The enforceable title shall be placed in the hands of the Agency by the creditor. The handing over thereof shall authorise the Office to carry out the recovery, if necessary by execution.
3 Costs of recovery by the Nationwide Office Collection Maintenance Contributions shall be recovered from the debtor, without prejudice to the costs of judicial prosecution and execution. The story of costs shall be made by amendment of the amount referred to in paragraph 1, according to rules to be laid down by general management of the Board.
4 To recovery at the request of a creditor shall be effected only if the person entitled has, on the occasion of the lodging of the application, validly made it within a maximum of six months prior to the lodging of the person concerned. The debtor's request has been lost in respect of at least one periodic payment deficit in its obligations. In such cases, the recovery of sums due from a time of not more than six months shall be made prior to the lodging of the request.
5 Before entry into account of costs, the debtor shall be informed, by letter of receipt of notice of receipt, of the intention to do so and the reason for it and the amount of the claim, including the costs of recovery. The Nationwide Office Collection Maintenance Contributions shall be entitled to recover on the 14th day following the dispatch of the letter.
6 The recovery which is made at the request of the creditor shall end only if, for at least half a year, regular payment to the National Bureau of Collection Maintenance Contributions and no amounts payable by the Office are not due referred to in the second sentence of the fourth paragraph. The period of one half-year shall be doubled whenever a previous period of recovery has also been caught at the request of the creditor.
7 Any recovery which applies at the time of the year of age of the child shall continue for the benefit of the adult, unless he is terminated at his request.
8 The enforcement of an enforceable title relating to payment of the costs of care and education or maintenance shall be carried out in accordance with the amendment referred to in the third paragraph.
9 Claims which have not yet been achieved by the National Office for Collection Maintenance Payments which 10 years after the minor has reached the age of one and twenty years have not yet been achieved by the National Office for Collecting Maintenance. The creditor shall be informed in writing.
10 A payment by the debtor shall, in the first place, deduct the costs referred to in the third paragraph, then deduct any interest appeared and finally deduct the amount of maintenance due and the amount of the payment. interest accruing.
11 The National Office of the Collection of Maintenance Contributes shall ensure that the funds paid for the maintenance of minors are paid to the persons entitled to it.
12 Article 243, second to fourth paragraphs , shall apply mutatis mutandis.
13 With the exception of paragraphs 1, 7 and 11, this article shall apply mutatis mutandis to payment of the living allowance provided for a spouse or registered partner, including that of the Decision on a provisional provision for a payment of subsistence, on the understanding that 10 years from the date on which the request for recovery has not been completed by the National Office for the recovery of Maintenance contributions, may be terminated.
1 If someone who has left his residence has not put sufficient order on the board of his property, and there is a need to provide, fully or partially, or to represent the absent, the the court, at the request of interested parties or by the Public Prosecutor's Office, a director, in order to conduct the whole or part of the goods of the absent and the other interests of which he is concerned.
2 For the purposes of applying this section, a person who has left his residence shall be the same person whose existence has become uncertain or who is unattainable even though it is not established that he has left his place of residence.
1 In so far as the cantoner is not determined otherwise, the director of the director shall find the Articles 338 , 339 , 340 , 342-357 , 358 paragraph 1 and 359-363 of this book shall apply mutatis mutandis, except that the trustee is obliged to submit an annual account of his administration to the Registry of the Court.
2 The director shall be entitled to remuneration in accordance with the rules laid down by our Minister for Security and Justice.
3 Approval of a submitted account by the cantonal court does not prejudice the competence of rightholders to request, after the end of the regime, the same time-space account and accountability, in so far as this is not unreasonable.
4 The administrator may also defend the absent capital, except in so far as the court judge has ruled that out.
5 The court judge may dismiss the director at any time and replace it by another.
The reign shall end:
a. by a joint decision by the rightholder and the trustee;
b. by denunciation by the rightholder to the trustee, taking into account a period of one month;
(c) Where the death of the rightholder is found to be fixed.
1 If a person whose existence is uncertain is of an inheritance or of a lesson, to which, if he is not to be alive, others would be entitled, the court shall grant to those others, at their request, to the exercise of the right of heir or legatee.
2 The court may order, if necessary, public invocations and use of any means of protection for the benefit of the interested parties.
3 If, after the granting of the authorization, the missing person is found to have existed on the day of the opening of the estate, the return of the goods and of the fruit of the estate may be claimed, at the base and under the restrictions as indicated below in the declaration of probable death.
4 The first to third paragraphs shall apply mutatis mutandis to a life insurance benefit, to which the person whose existence is uncertain is the first-called beneficiary.
1 Is the existence of a person insecure and the time space set out in the following paragraph expires, interested parties may request the court that they order them to declare the missing person in order to have his or her life to be made available, and that, if not so, it will state that there is a legal presumption of death of the missing person.
2
a. The time-space referred to in the preceding paragraph shall be five years from the date of departure of the missing or the last time trial of his life.
(b) The period shall be reduced to one year if the person concerned is reported missing during that period and the circumstances are likely to be dead.
3 The ordering of the summoning of the missing persons and the declaration of legal presumption of death, referred to in paragraph 1, may also be requested by the Public Prosecutor ' s Office.
1 The court fixes day and hour, against which the missing person should be called. The appeal runs out of a one-month term or as much longer as the court was allowed to order. The summons shall be carried out in accordance with the third section of the third title of the first book of the Code of Civil Procedure.
2 If the missing person does not appear, nor is a person who appears to be a good person in life of the missing person, the court shall declare that there is a legal presumption of death, without prejudice to the decision of the court, to repeat, once again, the hearing of witnesses and the presentation of supporting documents, to the effect that the requirements set out in the first paragraph of Article 413 set.
3 The decision, comprising a legal presumption of death, refers to the day on which the missing person is suspected to have died; as such, the following day shall apply to that of the last time trial of his life, unless sufficient There was a suspicion that he was still alive for some time.
4 The court may also determine that the costs incurred by an applicant as referred to in the Article 413 (1) has been made, charged to the assets of the missing person.
No appeal shall be authorised against orders ordering the notice of the missing persons.
1 Once the decision, containing a declaration of legal presumption of death, has entered into force of res judiced, the Registrar of the college in respect of which the case was last brought shall forward a copy of the order to the official from the civil status of the place of residence or, in the absence of leave of residence in the Netherlands, of the municipality of Gravenhage. This official shall make the decision a deed of invitation to tender, which shall be in accordance with the order of the decision and shall state it expressly.
2 This act of death proves, in respect of each one of them compelling, that the missing persons on the day indicated in the act have died.
1 The heirs and legataries of the person who is presumed to have died must, before they take possession of the property of the estate, be obliged to lodge a security for what they are presumed to have died. declared, should this return, or be transferred to heirs or legataries who were permitted to have a better right.
2 The heirs are required to produce a proper description of the book after the taking-in.
3 Register goods must not be alienated or encumbered unless there are important reasons and leave from the cantonal court. If they cannot be distributed without sale, they shall be placed under the rule of a third party, which shall pay the income of such goods in accordance with the conditions laid down in the distribution.
4 The division shall be carried out in the case of authentic instruments, which shall also show what is paid to legataries or other beneficiaries.
5 The goods of the estate should not be squandered, and no excessive donations may be made.
6 Heirs and legataries shall be required to provide the cantonal court with the necessary information on request.
7 The obligations referred to in this Article shall expire at the time determined by the court order, and at the latest after five years after the date on which the act of death is in accordance with the procedure laid down in Article 14 (1) of the Article 417 is formatted. In the light of the circumstances of the case, the court which makes the order, declaration that there is a legal presumption of death, shall also provide that one or more of the obligations laid down in this Article shall not exist.
The instrument of guarantee, the description of the description and the statement of distribution shall be lodged in original or authentic copies at the Registry of the Court of Justice.
1 Where it is apparent to the court of opinion that an heir or legatee has failed to fulfil his obligations under the two preceding Articles, he may, for the goods sent to that heir or to the legatary from the estate, a appoint a director, whose term of office ends, when the court judge decides that the person concerned has been satisfied with his legal obligations.
2 In so far as the cantoner is not determined otherwise, the director of the director shall find the Articles 338 , 339 , 340 , 342-357 , 358 paragraph 1 and 359-363 of this book shall apply mutatis mutandis, except that the administrator shall be obliged to present an account of his own office at the Registry of the Court on an annual basis.
3 The director shall be entitled to remuneration in accordance with the rules laid down by our Minister for Security and Justice.
4 The cantoner can dismiss the director at any time and replace it by another.
What has been determined in the three previous articles concerning heirs, which receive property from the estate, shall apply mutatis mutandis to the spouse or registered partner, who receives goods due to the dissolution of any a community of goods or of the bill of settlement under a clearing-up clause. However, there is no need to lodge a security in the case of such an issue.
1 When the missing person returns, or when it is found that the date of death is incorrectly stated in the act of death, any person who has any property of the missing person under the previous articles in his possession or under his reign shall be returned to those who appear to be entitled to the goods, account, responsibility and issue.
2 Rights acquired by third parties in good faith shall be respected. However, in the event of non-alienation, the court may grant a remuneration to the rightholders and to him who has benefited from it, a remuneration to be determined.
3 The lives of the missing persons have been insured for the benefit of third parties, then they reserve their right to what was paid to them at the time of the return of the insured person or as already due; in that case, the No other rights to the benefit are derived.
1 If within five years from the date on which the act of death is in accordance with Article 417 of this book if it is proved that this act is incorrect, those who have enjoyed the benefits of the estate in good faith are only obliged to return half of them; if the error is proved later, they shall not be returned to bear fruit to be given.
2 If, more than 10 years after the date on which the act is drawn up, it is proved that the act is incorrect, those who have taken possession of the goods in good faith shall be required only to have the goods still present in the State in which they are the price of the goods or goods which have entered the place of sale, without any fruit or compensation for any other goods which are no longer present and without obligation of account and accountability.
3 Any obligation to return shall lapse when twenty years have elapsed after the date on which the act was drawn up.
1 If the retarded wife of a missing person has entered into a new marriage, but the missing person was still alive after the date stated as the date of death in the Article 417 of this book As it was in the course of the new marriage, it is nevertheless necessary to determine the state of her children born before the new marriage with the missing person who was not married to the person in that marriage. Act mentioned day.
2 The suspected deceased who, on his return, was unable to reage the authority of his minor child, may ask the court to instruct him to do so. Where, together with the other parent, it requests them in the interest of their child to act jointly with the authority, or is not in the authority or to exercise the authority of a guardian, the application shall be rejected only if there are grounds for serious concern It is the case that the interests of the child were to be neglected. In the other cases, the application shall be granted only if the court considers it appropriate in the interests of the child.
1 If the body of a missing person cannot be found but, taking into account all the circumstances, his death can be regarded as certain, may, at the request of the public prosecutor or of any interested party, be regarded as court state that the missing has died:
A. if the missing person has taken place in the Netherlands;
B. if the missing person has taken place during a voyage with a vessel or aircraft which is a home in the Netherlands;
C. if the missing Dutchman was;
D. if the missing person had his place of residence or stay in the Netherlands.
2 If a person has died outside the Netherlands and is not a death certificate in the form of a death certificate, the court may, at the request of the public prosecutor or of any interested party, declare that the person died:
A. if the death occurred during a voyage with a vessel or aircraft which is a home or a vessel in the Netherlands;
B. if the deceased was a Dutchman;
C. if the deceased had his place of residence or stay in the Netherlands.
3 Where possible, the request referred to in the first and second paragraphs, or accompanied by such documents, shall contain the following documents: Article 427 of this book said data.
1 The Decision, making the statement that the Article 426 The person who has been referred to has died, the day and, if possible, the hour of death. If the day of death is not known, it shall be determined by the court and stated in the order. The court shall take into account all the evidence and any indication of the circumstances in which, or the time at which the death must have occurred, the circumstances of the case.
2 In addition, the order mentions the generic name, the surname, the kunne and, if possible, the place of death, residence of the deceased, the place and day of birth of the deceased and the generic name and front names of the person. or of the persons with whom the deceased had been married or with whom the deceased had entered into a registered partnership.
The Registrar of the college in respect of which the case was last brought shall forward a copy of the order to the official of the civil status of the commune in Gravenhage as soon as it has entered into force of res judiced. The latter shall issue a tender of the decision, which shall be entered in the register of death.
1 The acts, drawn up in accordance with Article 429 , apply to acts of death within the meaning of Article 19f, first paragraph .
2 The Articles 422 , 423 and 425 shall apply mutatis mutandis, if a person applying to Article 426 has been declared dead, and if it is proved that the day of death in the Article 429 The document referred to is incorrectly stated.
1 If a majority-year-old is temporarily or permanently unable to fully assume his own wealth-related interests, as a result of
a. His physical or mental state, or
b. squandering or having problematic debts;
the cantonal judge may set up a government in respect of one or more of the goods which are or will belong to him as rightholder. Goods belonging to the majority-year-old are included in this title goods belonging to his marriage community or community of registered partnership and which are not exclusively under the administration of his spouse. registered partner.
2 If, at the time of the age of majority, a minor is expected to be in the condition referred to in the preceding paragraph, the rule may already be set up for the majority.
3 The regime may also be set up if it is to be expected that the rightholder will be in the situation referred to in the first paragraph within the foreseeable future.
4 The right to whom a request for a provisional or conditional authorisation, an observation authority or an authority to pursue continued residence as referred to in the Law on special drawings in psychiatric hospitals , or an authorization as specified in Article 33, first paragraph, of that Act Member States shall also be responsible for the knowledge of a request for the establishment of the rule of law.
1 Institution of the Board of Directors may be requested by the rightholder, his spouse, his registered partner or other companion, his blood relatives in the straight line and on the sidelines up to and including the fourth degree, the person who is Article 253sa or 253t the authority of the rightholder, his guardian, his liquidator, as referred to in title 16 and his mentor as intended in Title 20 . In the Article 431, third paragraph This case may be requested only by the rightholder.
2 Setting up of the regime may also be requested by the Public Prosecutor's Office and by the institution where the rightholder is cared for or who provides guidance to the rightholder. The institution of a government for the use of waste or of problematic debts may also be requested by the College of Mayor and of aldermen of the municipality in which the pensioner is domiciled. In both of the latter cases, the application also mentions the reasons for which the persons referred to in paragraph 1 did not include relatives in the third and fourth grades from the sidelines.
The court for which a request for a hearing or termination of the hearing is pending may, by the rejection of its own motion, be the institution of the rule of its own motion.
4 An application for the establishment of a rule for the benefit of a rightholder under receipation shall be brought before the court having jurisdiction to decide on the removal of the curated order. In the event of the removal of a curatele, the judge may also, of its own motion, proceed to the establishment of the rule.
5 In the case of an administrative order, or a request for that purpose, as referred to in Article 91 of this book, the second and third paragraphs shall apply mutatis mutandis.
1 Unless otherwise provided for under-winding, the rule shall also include the goods which must be considered to be in the place of goods subject to the rule, in addition to the benefits and other benefits which a rule of good rule has shown. will yield.
2 The cantonal judge may, either at the request of the person empowered to request underwind, as intended in Article 432, first and second paragraphs By extending from the Court's own motion the rule of law to one or more of the recipients of the rightholder, or of firing one or more of the goods from the office and determining that the rule of the first member shall not apply to one or more of the goods in question, or What case Article 434, first paragraph , shall apply mutatis mutandis. The cantonal judge may also act as referred to in Article 441, second paragraph, point (f) designate and revoke the designation of such acts.
1 In decisions as referred to in the Articles 432 and 433, 2nd paragraph, of this book where the court is of its own motion, the goods under the rule of office shall be dismissed from the office of the court or tribunal.
2 Under-winding of a good and the dismissal of a good rule from the regime shall enter into force after the decision has been issued or dispatched, unless the decision states at a later date. In the case of: Article 431, second paragraph , the under-wind shall enter into force at the time of the holder of the age of the holder.
1 The judge setting up the rule shall appoint a director as soon as possible, or as soon as possible. He shall be aware of the will and shall constitute an opinion on the appropriateness of the person to be appointed.
2 If necessary, a temporary trustee may be appointed.
3 The judge shall follow the appointment of the trustee with the express preference of the rightholder, unless justified grounds are opposed to such appointment.
4 Unless the previous paragraph has been applied, if the rightholder is married, a registered partnership is entered into or otherwise has a living, preferably the spouse, registered partner or other person of life until such time as the spouse is married. Trustee appointed. If the previous sentence does not apply, preference will be given to one of his parents, children, brothers or sisters. If the person entitled is a registered partnership, or he obtains another person, each of them may request that the spouse, the registered partner or the other spouse of the rightholder will be in the place of his/her spouse. the present trustee is appointed.
5 Legal persons with full jurisdiction may be appointed to the trustee.
6 The following persons may not be appointed to trustee:
(a) their capacity to act;
b. For the benefit of whom a mentorship is established;
c. those of whom one or more goods under a rule as referred to in Title 19 stand;
d. Those who are in bankruptcy;
e. they shall be in respect of whom the debt restructuring scheme applies to natural persons;
f. the trustee of the rightholder in the sentence Article 287, third paragraph, of the Bankruptcy Law ;
g. A directly involved or treating aid worker;
(h) persons belonging to the management or to the staff of the institution where the rightholder is cared for or who provides guidance to the rightholder;
i. persons linked to the institution where the rightholder is cared for or who provides guidance to the rightholder, by:
1 ° the institution or persons belonging to the leadership of the institution, alone or together, more than half of the voting rights in the general assembly of the legal person may exercise, or more than half of its directors or of the able to appoint or dismiss Commissioners of the legal person,
2 ° the person and the institution are part of a group within the meaning of Article 24b of Book 2 , or
3 ° the driver of the legal person shall also belong to the institution or staff of the institution.
7 A person other than that referred to in the fourth paragraph, who is director or mentor for three or more persons, shall be eligible for appointment only if he or she is responsible for his management and training, and, if so, the recruitment, training and monitoring and supervision of the persons by whom he exercises the duties of a director complies with quality requirements to be laid down by a general measure of management, as well as the obligations to be fulfilled; Intended in Article 436, fourth paragraph , and Article 15i of Book 3 .
8 The person referred to in paragraph 7 shall submit to the judge who appoints him:
(a) his declaration of compliance with the quality and quality requirements referred to in the seventh paragraph,
b. An auditor ' s report as referred to in Article 393, first paragraph, of book 2 , from its findings on the manner in which the requirements and obligations are fulfilled, and
c. a statement by the auditor on the balance sheet and record of benefits and charges, Article 10 of Book 2 , or, where applicable, on the annual accounts in accordance with Title 9 of book 2 . Article 396, seventh paragraph, of book 2 is with respect to Article 393 (1) Not applicable.
The form and content of the declarations and the report, as well as the manner in which they are presented, may be subject to detailed rules for general measures of management. If the person shows that he has already submitted the declarations and the report to the court in the 12 months preceding his appointment, he shall be exempt from the production.
9 The presentation of the statement by the auditor referred to in paragraph 8 shall be released:
a. Those who are financial undertakings which are Law on financial supervision to carry out the holding of a bank;
Notaries;
c. bailiffs,
d. Auditors.
In the case of a general measure of management, the undertakings and professionals referred to in the preceding sentence may be exempted, in whole or in part, from the requirements of the seventh paragraph relating to recruitment, training and management of business
10 The appointed shall be executive director of the day after the decision has been issued or dispatched, unless the order of the order is later than the date of the decision.
1 The director shall be obliged as soon as possible to make a description of the goods subject to the rule and to provide a copy thereof at the Registry of the goods which he/she has received pursuant to Article 6 (1). Article 266 of the Code of Civil Procedure Competent court.
2 The Articles 339 , 363 and 364 of this book shall apply mutatis mutandis.
3 If the ship has been registered, the director shall be obliged as soon as possible to the relevant judicial decisions and to his appointment in the public registers, as referred to in Article 4 (2). Section 2 of Title 1 of Book 3 -To sign up. If an undertaking or a share of a company is under management, the director shall be obliged to register the relevant judicial decisions and his appointment in the commercial register. The court judge may, either at the request of the person empowered to apply for under-wind, be Article 432, first and second paragraphs , or of the administrator, or of its own motion, that a decision on the under-wind of a physical or mental state, in so far as the rule of law is concerned all goods which the rightholder must belong or will belong to, and an order of business, and a decision on the appointment, suspension or dismissal of the administrator for the purpose of the Registrar in the register provided for in Article 391 , are registered.
4 Unless otherwise determined by the cantonal court, the administrator shall be obliged to open an account as soon as possible of a financial undertaking which is responsible for the Law on financial supervision in the Netherlands, the holding of a bank; the trustee is also required to make use as far as possible of this account only for the payments made or received in the performance of his task.
5 The cantoner may at any time call upon the trustee to be interrogated. It shall be obliged to supply all information requested by the cantonal court.
6 The court may require the trustee to give access to his books, records and other data media. It may also require a copy thereof.
1 The court may appoint two directors, unless justified grounds are opposed to such appointment.
2 There are two directors, unless the court decides otherwise, each of them may carry out all the activities of the rule alone.
3 In the case of disagreement between directors, decisions shall be taken at the request of one of them or of an institution as referred to in Article 3 (1). Article 432, second paragraph -The cantonal judge. It may also determine the distribution of wages.
1 During the reign, the management of the goods under rule shall not be granted to the holder but to the director.
2 During the course of the rule, the rightholder may only cooperate with the director or, if this is not so, with the permission of the court judge to have the goods under the regime.
1 If an act of law is invalid, because it was carried out by or addressed to the rightholder in spite of the rule, such invalidity may be relied on by the other party only if it knew or ought to have been known by the regime.
2 If an asset is misused or encumbered by a person who was not competent to do so by reason of the rule, such lack of competence may be relied upon by a transferee on the right or a limited right only, if he knew or had must be known.
1 Debts arising from an act, during the term of office with or against the rightholder, other than in accordance with Article 438, second paragraph The goods may not be recovered from the goods under the rule by a creditor who knew or ought to have been granted the rule. The end of the regime does not change it.
2 Where the regime covers all goods subject to it Article 431, first paragraph , the first paragraph shall apply mutatis mutandis in respect of goods not subject to the rule at the time of the act, to which the story would be possible.
1 In the course of the term of office, the director shall represent the rightholder in and out of court in the performance of his duties. The director shall ensure an efficient investment of the right of the rightholder, to the extent that it is under the rule of law and is not to be spent to provide adequate care for the rightholder. The administrator may also carry out, for the rightholder, all the acts which contribute to a good rule.
2 However, he may have the consent of the rightholder or, if it is not in a position or refusal to do so, by the cantonal court for the following acts:
(a) have and enter into agreements in respect of a good standing under the term of office, unless the act can be considered as an ordinary act of conduct or is governed by a court order;
Adopt a making or gift to which burdens or conditions are attached;
(c) borrow money or commit the rightholder as a guarantor or a principal co-debtor;
d. agree that a book, to which the rightholder is entitled, will be left undistributed for a specified period;
e. engaging, outside the case of Article 87 of the Code of Civil Procedure , from an agreement to the end of a dispute, unless the subject matter of the dispute does not exceed € 700;
f. other actions taken at the time of the establishment of the regime or subsequently designated.
3 The cantoner may also grant to the trustee an ongoing authorisation with such terms and conditions as he reades, to carry out acts such as those referred to in the preceding paragraph and to amend or withdraw an granted authorisation at any time.
4 The director shall be entitled, with the exclusion of the rightholder, to recover the distribution of goods, of which his share is undivided. A division, even if it is ordered by a court order, shall be subject to authorisation or authorisation by the administrator in accordance with the second paragraph. The cantonjudge may, in stede of authorization, with corresponding application of Article 181 of Book 3 appoint an unqualified person, who shall, instead of the administrator, represent the rightholder in the distribution.
5 The trustee, with the exclusion of the rightholder, shall be entitled to accept a succession of estate to the rightholder. Unless acceptance is made with the consent of the rightholder, the trustee may not accept otherwise than under the privilege of a description of the description of the description.
1 If someone carries out a legal act as a trustee, the rights and obligations of the other party shall address what is defined in that regard in the context of the decision. Title 3 of Book 3 . Rules governing the competence of a trustee and any facts of interest in respect of his or her jurisdiction may not be relied upon in the other party if it was or should not have been known to the other party.
2 The rightholder is, without prejudice to the provisions of Article 172 of Book 6 , liable for all debts arising from legal acts carried out by the trustee in his capacity in the name of the rightholder. If he designates, under government, goods that provide sufficient information for the debt, he shall not be obliged to pay the debt against his other assets.
The administrator may, before acting in legal proceedings, be held responsible by the rightholder or, if this is not in a state or refusal, by the court of cantonal courts.
A director shall be liable to the person entitled if he shoots himself in the care of a good administrator, unless the deficiency is not attributable to him.
1 The trustee shall, unless other times have been determined, take account of and be accountable to the rightholder each year and at the end of the term of office, as well as at the end of his/her task to his successor. The account and accountability shall be made before the court of the cantonal courts. Our Minister for Security and Justice can establish a model according to which the account and accountability must be drawn up.
2 If the rightholder is not in a position to take the account, or it is uncertain who the rightholder is, the account and accountability shall be made to the cantonal judge. The approval of this account and the responsibility of the cantonal court shall not prevent the rightholder from having the same time space taken into account again after the end of the regime, to the extent that it is not unreasonable.
3 The court may, either on his own request or on its own motion, exempt the director from the obligation to carry out the periodic account and the holding of accounts; he may also provide that this method of diversion is to be set out in the court. account and accountability only for a number of years to be determined by him.
4 The director, intended to Article 435, seventh paragraph , each year, the declarations and the report referred to in Article 435, paragraph 8 shall be made.
5 For the rest, it finds the custody account in the Paragraph 10 and 11 of Section 6 of Title 14 certain corresponding application.
1 In so far as the court judge is not otherwise determined, the payment of the goods shall be paid to the pensioner when the periodic account is taken and the net result obtained by the payment of the goods is paid. At the request of the rightholder, the cantonal court may lay down other dates for the benefit of the benefit.
2 In the case of its final statement and responsibility, the director shall pay all the goods to him who shall be responsible for the management of the goods after he has been managed. The administrator shall be responsible for suspending the transfer to the satisfaction of any future balance.
3 The account and the responsibility of the cantonal court shall be taken, unless otherwise provided by the court or tribunal, the net proceeds or the goods to be delivered under the trustee's reign until the receipt is received in the court of the court of the order of the court of Justice. state is whether the uncertainty, whoever the rightholder is, has been removed.
The director shall be responsible for this report of the conduct of the regime on a period of five years, or as much earlier as the head of the court of the Court of Justice. It shall in particular explain whether the regime should continue or be a lesser or a further provision of supply. Facts which are of significance to the regime and its continuation shall forthwith be communicated to the cantonal court.
1 The director shall be entitled to remuneration in accordance with the rules laid down by our Minister for Security and Justice. On the basis of special circumstances, the cantonal court, either of its own motion or at the request of the administrator or of the person entitled, may, for some or an indefinite period, arrange for the remuneration to be different from that indicated by the institution or by the law.
2 There are two or more directors, the wage which is to be paid by them shall be divided between them in proportion to the meaning of the work carried out by each of them.
1 The mission of the director shall end:
a. at the end of the reign;
b. by the time course, if appointed for a specified period of time;
(c) by his death, declaring the debt restructuring scheme natural persons, bankruptcy declaration or undercuration in respect of him/her;
d. by the establishment of a regime as referred to in this Title on one or more of its goods;
e. by dismissal which is granted to him by the cantonal judge as from a given day.
2 Dismissal is granted to him either on his own request or for important reasons or because he no longer fulfils the requirements to be able to become director, at the request of the co-director or the person who is entitled to To request under-wind conditions as specified in Article 432, first and second paragraphs -or of his own motion. Pending the investigation, the cantonal court may take provisional provisions in the regime and suspend the director. The cantonal judge may, if necessary, be heard in advance without the administrator. In such a case, the decision shall lose its strength over a period of two weeks, unless the administrator has been given the opportunity to be heard within this period.
3 A former trustee remains obliged to do the same, which cannot be postponed without prejudice to the rightholder, until the person who is responsible for the management of the goods after him has accepted it. In the cases referred to in the first paragraph C , this obligation rests on his heirs, as the trustee in the debt restructuring scheme, natural persons or the liquidator, if they are acquainted with the rule; in the case mentioned in paragraph 1 below. Ed , shall this apply to the trustee, in charge of the regime referred to therein.
4 Article 384 of this book shall apply mutatis mutandis.
5 In the case of dismissal due to important reasons or because the director no longer fulfils the requirements to be required to be trustee, the court judge may provide that no further account and justification need be made. The cantonal court may also seize the books, records and other records of the director and all goods for the rightholder. To that end, he can enter any place.
1 The reign ends by the expiry of the period of time for which it is set and due to the death or undercuration of the rightholder.
2 The court may, at the request of the director or of the person empowered to request under-wind, if the need to do so does not make sense to it or to continue to make any sense to it, Intended in Article 432, first and second paragraphs -or of his own motion. The decision shall enter into force as soon as it has entered into force of res judiced, unless it designates an earlier time of entry.
3 The person entitled to request the establishment of the Board of Directors as intended Article 432, first and second paragraphs , as well as the trustee, may request a prolongation of the rule set up for a specified period of time. The court judge shall decide within two months of the submission of the application. Article 384 shall apply mutatis mutandis. No appeal shall be opened against the rejection of a request for renewal.
1 If, as a result of his or her mental or physical situation, an adult is temporarily or permanently unable, or is likely to make it difficult to take his interests of an uncapital character himself, the cantonal judge may Set up a mentoring tool.
2 If, at the time of the age of majority, a minor is expected to be in the condition referred to in the first paragraph, the mentorship may already be established before the majority.
3 The mentorship may also be established if a majority-year-old is to be expected to be in the condition referred to in paragraph 1 within the foreseeable future.
4 The right to whom a request for a provisional or conditional authorisation, an observation authority or an authority to pursue continued residence as referred to in the Law on special drawings in psychiatric hospitals , or an authorization as specified in Article 33, first paragraph, of that Act Member States shall also be responsible for the establishment of a request for the establishment of a mentoring agency.
1 The mentorship may be requested by the person concerned, his spouse, his registered partner or other single-life, his blood relatives in the straight line and those on the sidelines up to and including the fourth degree, the person who Article 253sa or 253t to exercise authority over the person concerned, his guardian, his administrator or his administrator, as referred to in Title 19 of this book. In the Article 450, third paragraph , of this book, the mentorship may be requested only by the person concerned.
2 The mentorship may, except in the Article 450, third paragraph This case shall also be requested by the public prosecutor's office and by the institution where the person concerned is cared for or who provides guidance to the person concerned. In the latter case, the application shall also specify the reasons for which the persons referred to in paragraph 1 did not, on the sidelines of the third and fourth grades, fail to submit a request.
3 The court seised of a request for a hearing or removal of the receipted court may, by refusal of its own motion, automatically proceed to the office of mentorship.
4 A request for conversion of a receipted course into mentorship for a person under receipation shall be brought before the court having jurisdiction to decide on the removal of the curated order. The court may, on the basis of the removal of the curatele, also, on its own initiative, establish a mentoring programme.
5 The mentorship shall enter into force on the day after the decision has been issued or dispatched, unless the decision indicates a later date of entry. In the case of: Article 450, second paragraph , from this book, the mentorship will enter into force at the time when the person concerned will become majority age.
1 The judge setting up the mentorship shall appoint a mentor as soon as possible thereafter. He shall be aware of the will and shall constitute an opinion on the appropriateness of the person to be appointed.
2 If necessary, a temporary mentor may be appointed.
3 In the appointment of the mentor, the judge shall follow the explicit preference of the person concerned, except where there are reasonable grounds for opposing such appointment.
4 Unless the previous paragraph has been applied, if the person is married, has entered into a registered partnership or otherwise has a living, preferably the spouse, registered partner or other person ' s companion to mentor appointed. If the previous sentence does not apply, preferably one of his parents, children, brothers or sisters is appointed as a mentor. If the person concerned is a registered partnership, or he obtains another person, each of them may request that the spouse, the registered partner or the other person's life in the place of the person concerned should be in the place of the person concerned. present mentor is appointed.
5 A legal person with full jurisdiction shall be eligible for appointment as a mentor.
6 The following persons may not be appointed as mentor:
(a) their capacity to act;
b. For the benefit of whom a mentorship is established;
c. The directly concerned or treating aid worker;
(d) persons belonging to the management or to the staff of the institution where the person concerned is cared for or who provides guidance to the person concerned;
e. persons connected to the institution where the person concerned is cared for or who provides guidance to the person concerned, by:
1 ° the institution or persons belonging to the leadership of the institution, alone or together, more than half of the voting rights in the general assembly of the legal person may exercise, or more than half of its directors or of the able to appoint or dismiss Commissioners of the legal person,
2 ° the person and the institution are part of a group within the meaning of Article 24b of Book 2 , or
3 ° the driver of the legal person shall also belong to the institution or staff of the institution.
7 A person other than that referred to in the fourth paragraph, who is a mentor, curator or administrator for three or more persons, shall be eligible for appointment only if he or she is responsible for his management and training, as well as, as far as he is concerned, the recruitment, training and monitoring and supervision of the persons by whom he exercises the duties of a mentor complies with quality requirements to be laid down by a general measure, and the obligations set out in the Article 15i of Book 3 .
8 The person referred to in paragraph 7 shall submit to the judge who appoints him:
(a) his declaration of compliance with the quality and quality requirements referred to in the seventh paragraph,
b. An auditor ' s report as referred to in Article 393, first paragraph, of book 2 , or from an expert appointed by the cantonal judge, of his or her findings on the manner in which the requirements are satisfied; and
c. a statement by the auditor on the balance sheet and record of benefits and charges, Article 10 of Book 2 , or, where applicable, on the annual accounts in accordance with Title 9 of book 2 . Article 396, seventh paragraph, of book 2 is with respect to Article 393 (1) Not applicable.
In the case of a general measure of management, detailed rules may be laid down regarding the form and content of the declarations and the report, the appointment of the expert, and the manner of presentation. If the person shows that he has already submitted the declaration and the report referred to in paragraphs (a) and (b) to the Court in the 12 months prior to his appointment, he shall be presented with the statement and the statement of the statement. Report exemption. If the person shows that he has already submitted the certificate referred to in paragraph 7 (c) to the Court in the 24 months prior to his appointment, he shall be exempt from the presentation of this declaration.
9 The court may appoint two mentors, unless justified grounds are opposed to such appointment. If there are two mentors, each of them can perform the tasks assigned to a mentor alone. The court may, if necessary, establish a division of labour between the mentors. In case of disagreement between the mentors, at the request of one of them or at the request of an institution as referred to in Article 451, second paragraph -The cantonal judge. It may also determine a distribution of remuneration.
10 The task of the mentor shall start on a daily basis after the decision, on the appointment, has been issued or dispatched, unless the decision mentions a later date.
1 Unless otherwise provided by law or treaty, the person concerned shall, during the mentorship, be competent to perform legal acts in matters relating to his care, nursing, treatment and guidance.
2 With regard to the legal acts referred to in paragraph 1, the mentor shall represent the person concerned in and out of the law unless there is no representation on the grounds of law or convention. The mentor may allow the person concerned to perform these legal acts themselves.
3 In respect of acts other than legal acts concerning the matters referred to in paragraph 1, the mentor shall, in so far as the nature of the act concerned so permits, instead of the person concerned.
4 The mentor shall give to the person concerned the council in respect of matters of non-capital law and of his or her interest in this matter.
(5) If the person concerned is opposed to an act of a major nature in matters such as that referred to in the second and third paragraphs, that act may take place only if it is manifested necessary in order to seriously prejudice the person concerned. to prevent.
1 If the judge considers it necessary, he shall also decide that Article 246, of this book is applicable mutatis mutandis.
2 During mentoring, the court may make a decision as referred to in the first paragraph, either at the request of a person as referred to in Article 451, first and second paragraphs , from the mentor or from the public prosecutor's office, or on its own initiative.
1 The mentor has been held to the person for whom the mentorship is set up as much as possible in the performance of his task. The mentor shall promote that the person concerned carries out legal acts and other acts where it can be regarded as capable of being reasonably appreciable in the matter in the matter. He caught the care of a good mentor.
2 The mentor shall be liable to the person concerned if he shoots himself short in the care of a good mentor, unless the deficiency is not attributable to him.
The person to whom the mentorship is established is, without prejudice to the provisions of Article 172 of Book 6 , liable for all debts arising from legal acts which the mentor carries out in his capacity in the name of the person concerned.
The mentor may, before acting in legal proceedings, be responsible for the authorization of the person concerned or, if this is not in a state or refusal, by the court judge.
1 An act shall be carried out in breach of Article 453 of this book shall be voidable in accordance with the second and third paragraphs.
2 If the act is carried out by or addressed to the person concerned, an appeal to the vocibility can be made only to a person who knew or had properly known the mentorship; in relation to such a person, the person concerned shall be such as to suspected of having been unqualified.
3 If the act is carried out by or addressed to the mentor, an appeal to the vocibility can be made only to a person who knew or had properly known the mentor ' s lack of competence.
Insofar as one or more of the goods of the person concerned under a rule as referred to in title 19 of this book If he is not also a mentor, the trustee is not competent to act in respect of matters such as: Article 453, first paragraph, of this book Intended.
1 The mentor shall report to the court of cantonal judge on his request. The cantonal judge may order the mentor's appearance in person at any time. It shall be obliged to supply all information requested by the cantonal court.
2 The mentor, intended in Article 452, seventh paragraph , each year, the statement and report referred to in Article 452, paragraph 8 (a) and (b) shall be drawn up. The mentor shall submit the declaration two-yearly, as referred to in Article 452, paragraph 8 (c). The cantonal court may decide on the presentation of a different point of time in respect of the various parts of the report.
3 The Mentor will report this report on the course of the mentorship every five years, or as much earlier as the cantonal judge determines. In particular, it shall take into account whether or not a mentorship should continue or be a lesser or a further provision of supply. Facts which are of significance for the mentorship and the continuation of the mentorship shall be communicated to the court judge immediately.
4 At the end of his mentoring, the mentor of his work shall report in writing to his successor, to the court judge and to the person concerned, if the mentorship by the end of the period of time for which it is set or by termination ends.
1 The mentor may charge the person concerned with the costs necessarily incurred in the performance of his task.
2 The mentor shall be entitled to pay in accordance with the rules laid down by our Minister for Security and Justice.
1 The task of the mentor ends:
a. At the end of the mentoring process;
b. by the time course, if appointed for a specified period of time;
c. by his death;
d. by his undercuration or by the establishment of a mentorship;
e. by dismissal which is granted to him by the cantonal judge as from a given day.
2 Dismissal is granted to him either on his own request or for important reasons or because he no longer meets the requirements of becoming a mentor, at the request of the co-mentor or the person entitled to ask for mentorship if Intended in Article 451, first and second paragraphs -or of his own motion. Pending the investigation, the cantonal judge may strike preliminary provisions in mentoring and suspend the mentor. The cantonal judge may, if necessary, have heard beforehand without the mentor. In that case, the decision shall lose its strength over a period of two weeks, unless the mentor has been given the opportunity to be heard within this period.
3 A former mentor remains obligated to do all things, which cannot be postponed without prejudice to the person concerned, until once again a person is competent to deal with the matters in question. Article 453, first paragraph -From this book. In the cases referred to in the first paragraph, Ed , rest this obligation on its curator or mentor, if this is knowledge of the mentorship.
4 Article 384 of this book shall apply mutatis mutandis.
1 The mentorship ends by the expiry of the duration of time for which it is set and due to the death or undercuration of the person concerned.
2 The cantonal court may, if the need to do so no longer exists or continuation of the mentoring process has proved to be useful, abolish the mentorship, at the request of the mentor or of the person entitled to ask for mentorship as intended in Article 451, first and second paragraphs -or of his own motion. The decision shall enter into force as soon as it has entered into force of res judiced, unless it designates an earlier time of entry.
3 The person entitled to request the institution of mentorship as referred to in Article 451, first and second paragraphs , as well as the mentor, may request to renew the mentorship that is set for a specified length of time. The court judge shall decide within two months of the submission of the application. Article 384 shall apply mutatis mutandis. No appeal shall be opened against the rejection of a request for renewal.
