The Implementing Law Treaty Maintenance Recovery Abroad 1956

Original Language Title: Uitvoeringswet Verdrag onderhoudsverhaal in het buitenland 1956

Read the untranslated law here: http://wetten.overheid.nl/id/BWBR0002361/2008-09-01/0

Law of 27 september 1961, implementing it on 20 June 1956 New York Convention on the recovery abroad of maintenance We JULIANA, by the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc., etc., etc.
All who read this will see or hear, greetings! do: So We have considered, that it is desirable, to make provision for the implementation of the on 20 June 1956 New York Convention on the recovery abroad of maintenance (Trb. 1957, 121);
So it is, that we heard, the Council of State, and with agreement of the States-General of the Netherlands, as we find good goedgevonden and have understood and understand this: article 1 In this law, the term "the Convention" means the to on 20 June 1956 New York Convention on the recovery abroad of maintenance.

Article 2 If sending institutions referred to in article 2, paragraph 1, of the Treaty, occurs the Landelijk Bureau Inning Maintenance contributions.

Article 3 As host institution, referred to in article 2, paragraph 2, of the Treaty, occurs the Landelijk Bureau Inning Maintenance contributions.

Article 4 [expired per 01-01-1997] Article 5 The local authorities and officials of the civil status provide the Landelijk Bureau Inning maintenance allowances free of charge all their information and provide free of charge all transcripts and excerpts from their registers, which the Office of ask them in order to carry out the task entrusted to him by or under this Act.

Article 6 the receiving institution is authorised to also without explicit proxy, as referred to in article 3, paragraph 3, of the Treaty, to act on behalf of the applicant.

Article 7 If a decision in matters relating to maintenance, in a country, which is party to the Treaty, the exequatur in Netherlands is requested on the basis of another international agreement, this could be asked by the receiving institution, exequatur.

Article 8 1 the receiving institution, in straight acting in order to carry out the task entrusted to them by or under this law, not the assistance of a lawyer, unless the procedure begins with a summons.
2 The applicant is, without prejudice to article 79, paragraph 2 of the code of civil procedure shall be deemed to have elected domicile at the offices of the receiving institution. All the pieces, intended for them and are maintenance claim concerning, can be served.

Article 9 1 letters rogatory in cases of maintenance can by an authority of a State, for which the Treaty is in force, be dedicated to the Dutch courts. In such letters rogatory shall apply mutatis mutandis to articles 6, 7, 8, 9, 10, 11, 12, 13 and 14, last paragraph, with the exception of (a) and (b) of article 14 of the law of 24 december 1958 (Stb. 677), implementing the Convention at the Hague on 1 March 1954 on civil procedure.
2 letters rogatory in cases of maintenance can be dedicated to a Dutch court by the authority of a State, for which the Treaty is in force, in so far as the law of that State allows the execution of the letters rogatory Commission. In such letters rogatory shall apply articles 15, paragraph 2, 17 and 18 of the law referred to in the first paragraph.

Article 10 1 if the non-resident creditor in respect of maintenance free of charge wish to litigate in Netherlands, should request a statement be submitted containing the fullest possible information concerning his Office, profession or business and his family and about the position of the income and the ability of him and his family.
2 the statement must be issued by the authorities of the habitual residence of the creditor or, failing that, by the authorities of his real residence. It is free of charge legalized by a diplomatic or consular officer of Netherlands.
3 the receiving institution may, whether or not at the request of the judge, the sending institution, which has transmitted the pieces to her requests to provide additional information concerning the income and the ability of the creditor.

Article 11 by order in Council can be made about the way in which terms the Landelijk Bureau Inning maintenance allowances the task referred to in this law.

Article 12 this law shall enter into force at a time determined by us.
Charges and recommend that this in the journal will be posted, and that all ministerial departments, authorities, bodies and officials whom it may concern, to the exact implementation will keep the hand.
Paleize 27 september 1961 in soestdijk, JULIANA.
The Minister of Justice, a. c. w. BEERMAN.
The Minister of Foreign Affairs a.i., j. DE QUAY.
Issued the tenth October 1961.
The Minister of Justice, a. c. w. BEERMAN.