Key Benefits:
Law of 27 September 1961 on the implementation of the Convention on the story abroad of benefits to maintenance, concluded in New York on 20 June 1956
We JULIANA, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc., etc., etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we have taken the view that provision should be made for the implementation of the Convention on the story abroad of maintenance benefits, concluded in New York on 20 June 1956 (2). Trb. 1957, 121);
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
For the purposes of this Act, the term "Convention" means the Convention of 20 June 1956 on the story abroad of cash benefits to be maintained in New York.
In the case of sending institutions referred to in Article 2 (1) of the Treaty, maintenance contributions shall be carried out at the National Bureau for collection.
As a receiving institution referred to in Article 2 (2) of the Treaty, Maintenance Contributing to the National Bureau of Collection Shall Be Carried Out.
The municipal authorities and civil servants shall provide the National Office for the collection of maintenance and free of charge all information free of charge and shall provide them with all copies and extracts from their registers which are the Bureau of the Office of the Member States. request the execution of the task assigned to him by or under this Law.
The receiving institution shall be empowered to act on behalf of the applicant without an express power of attorney as provided for in Article 3 (3) of the Treaty.
In the case of a decision on maintenance given in a country which is a party to the Treaty, the exequatur in the Netherlands is requested under another international agreement, this exequatur may be made by the host institution. requested.
1 The host institution shall not be required to assist a lawyer, acting in law in order to implement the tasks assigned to them by or under this law, unless the proceedings begin with a summons.
2 The applicant shall, without prejudice to Article 79, Second paragraph of the Code of Civil Procedure The person concerned shall be deemed to have been domicile at the premises of the receiving institution. All the documents, intended for him and his maintenance claim, may be served there.
1 Rogatory commissions in matters of maintenance may be instructed by an authority of a State, for which the Convention is in force, to the Dutch court. Letters rogatory shall be applied mutatis mutandis to the Articles 6 , 7 , 8 , 9 , 10 , 11 , last paragraph, 12, 13 and 14, with the exception of the provisions of A and B of Article 14 of the Law of 24 December 1958 ( Stb. 677), carrying out the Convention on Civil Procedure concluded in The Hague on 1 March 1954.
2 Rogatory commissions in matters of maintenance may be ordered by the Netherlands court to an authority of a State to which the Convention is in force, in so far as the law of that State allows the execution of the letters rogatory. Letters rogatory shall apply to Articles 15 (2), 17 and 18 of the Act referred to in paragraph 1.
If the creditor wishes to litigate free of charge in the Netherlands free of charge, a statement containing as complete information as to his/her request must be submitted to the Netherlands. the office, profession or business and his family and on the state of the income and the assets of him and his family.
2 The certificate must have been issued by the authorities of the normal residence of the creditor or, failing that, by the authorities of his actual residence. It shall be legalised free of charge by a diplomatic or consular official of the Netherlands.
3 The host institution may, at the request of the court or tribunal, request the sending institution, which shall transmit the documents to it, to provide additional information on the revenue and assets of the creditor.
In the case of a general measure of management, detailed rules may be laid down on the manner in which maintenance contributions are to be carried out by the National Agency for Recovery Operations of the National Bureau.
This law will enter into force on a date to be determined by Us.
Burdens and orders, which are in the State Sheet will be placed, and that all Ministerial Departments, Authorities, Colleges and Officials, who so concern, will keep their hands on the precise execution.
Given at Paleize Soestdijk, 27 September 1961
JULIANA.
The Minister of Justice,
A. C. W. BEERMAN.
The Minister for Foreign Affairs, a.i.,
J. DE QUAY.
Issued the 10th October 1961.The Minister of Justice,
A. C. W. BEERMAN.
