Key Benefits:
Law of 25 July 1871, which provides for the powers of consular officials to draw up civil acts and consular instructions
We WILLEM III, at the grace of God, King of the Netherlands, Prince of Orange-Nassau, Great-Duke of Luxembourg, etc., etc., etc.
Allen, who will see these or read hooren, salut! do n' t know:
We have taken the view that it is necessary to regulate the powers of consular officials to draw up civil acts and to arrange for the consular instructions to be settled by law;
So it is that we, the Council of State, and with the mean consultations of the States-General, have found and understand, as we approve, and understand the following:
1 The following shall be assigned to consular officials in the case of a general measure of public administration:
(a) the power to make acts of civil status,
(b) the power to draw up other civil acts;
(c) the power to carry out certain acts of voluntary caselaw in civil matters, to cantoners in the Netherlands and to Aruba, Curaçao or Sint Maarten, or in the public sector, Bonaire, Sint Eustatius and Saba Members of the court at first instance.
2 In such cases, under a general measure of public administration, a specific power under a or a b may be granted separately to consular officials.
3 Law governing other laws to diplomatic and consular officials shall be exercised in accordance with the rules laid down in this Act.
4 The consular officials shall exercise their powers of competence within the jurisdiction of our Minister for Foreign Affairs for the consular post to which they are connected, and only for the purpose of the consular post of the consular posts to which they are affiliated. Dutch.
5 A consular officer may be an arbitrator.
Under consular officials, this law has the status of diplomatic and consular officials appointed to the head of consular posts and the further members of the foreign service personnel, who are consular posts of consular posts. Pines.
In the absence or inability of the Art. 1 designated, consular official shall be replaced by the consular officer of lesser rank present at the site of his establishment and, in the absence of such official, by the person responsible for the notice of his or her relationship, a.
For the fulfilment of its Article 1 said powers may appoint an interpreter to a consular officer or, if appropriate, temporarily charge a person with the interpretation.
The interpreter, appointed or appointed under the preceding article, shall, before accepting his or her relationship, take the oath (s), in the hands of the consular officer, that he shall observe it faithfully.
1 Vegetables from in accordance with Article 17 the words "In the name of the Konings" are made up to the head.
2 This grossen and grossen of judgments made by a consular officer of the law shall be enforceable in the Kingdom, provided that it is duly drawn up.
3 After an arbitration award, the consular officer shall send this statement, with a copy of his written appointment as an arbitrator by the parties or with an authentic copy thereof, to the President of the -Gravenhage district court, which is responsible for the application of a court order as referred to in Article 642 of the Dutch Code of Civil Procedure , or a similar arrangement in the public bodies of Bonaire, Sint Eustatius and Saba.
All judgments and documents, whether in force or in force of the law, drawn up by consular officials, shall allow the use of any living language, provided that the language used is understood by the parties and by all those who make up or suffer. the content of the acts appears either to those who do not understand the language used, by an expression of the kind used in accordance with Article 5 Sworn interpreter.
In the exercise of justice and the conduct of other acts of judges, the consular officer shall, as far as possible, take into account the requirements laid down in the 12th title of the First Book of the Dutch Code of Civil Legal action shall be given to Judges and Registrars, or to a similar arrangement in the public entities Bonaire, Sint Eustatius and Saba.
1 By a consular official as a witness summing up within the consular authority present Dutch who have no valid reason of change, must appear and under oath (promise) the whole truth and say nothing but the truth.
2 An expert appointed by a consular officer who assumes his appointment must, under oath (promise), fulfill the burden entrusted to him by conscience.
3 The consular officer is competent to call on the Dutch within the consular authority of the Dutch who are husband, blood or related, guardian, guardian, administrator, special administrator or administrator of the person on whose rights a person is entitled to be case will be dealt with. The raised person who has no valid reason for change shall be obliged to appear in person or, where the law so permits, in the case of authorised representative.
1 A consular officer may be exchanged on one or more of the following documents: Article 30 of the Dutch Code of Civil Procedure specified grounds, or a corresponding arrangement in the public bodies of Bonaire, Sint Eustatius and Saba.
2 At the time of the objection, the official or, failing that, the Secretary-General of the Department of Foreign Affairs, shall decide without any possibility of appeal.
3 If a consular officer changes or if his objection is found to be well founded, the official or, failing that, the Secretary-General of the Department of Foreign Affairs shall, immediately above him, provide for his replacement by another consular officer who should not be subordinate to the former.
1 All judgments and orders of a consular officer shall be enforceable in stock, provided that he/she does not otherwise determine.
2 Of the final pronouns of a consular official may be appealed to the Arrondissementsrechtbank, the Hague, or, if the law of Aruba, Curaçao or Sint Maarten or the law of the court of appeal is applicable, for three months after the appeal was delivered. from the public bodies Bonaire, Sint Eustatius and Saba has been applied to the court at first instance in the relevant section of the road. No appeal shall be open against end-of-court proceedings which contain a provisional decision.
All judgments and acts, whether in force of the law by consular officials, drawn up or past are valid, even where the laws of the Netherlands or, where appropriate, the Netherlands, Aruban, Curaçao or Sint Maartense are legal instruments, whether or not in the Netherlands. The provisions laid down in this paragraph have not been complied with, provided that, in this case, the reasons for which the failure of the prescribed formalities have been unavoidable have been stated in the document.
1 In so far as he has the power to draw up documents of civil status, a consular officer shall be responsible for the operations of officials of the civil status of the Netherlands, Aruban, Curaçao or Sint Maartense. statutory provisions.
2 The acts of the civil status which he made in accordance with those legal provisions have equivalent effect to those of which they were drawn up in the Kingdom.
3 The declarations of birth in the consular posts must be made within 30 days of delivery.
If an expeciary spouse who is a Dutchman has had his residence within the Kingdom for the six-month period preceding the day of marriage, the consular officer shall, at whose surrender the marriage will be The officials of the civil status of the places where the spouse has been resident for that period within the Kingdom shall be responsible for the proclamation of the intended marriage in their place of employment.
1 The acts of the civil status, made up by the consular officials, shall be entered in one or more registers.
2 The rules, on or under the Civil Code, laid down for the holding of records of civil status, including the issuing of copies or extracts, are-as much as this, having regard to the applicable material right, is possible-apply. The registers shall be authenticated and authenticated by an official of that Department, to be designated by our Minister for Foreign Affairs.
3 One of the duplicates shall be kept in the archives of the consular post; the other shall be sent to Our Minister, by whose intervention it is to be sent to the Registry of the Court of Justice. ' s-Gravenhage shall be transferred.
The powers of attorney and other documents, which shall be applied to the instruments of the civil status, shall remain attached to the registers which are to be lodged at the Registry of the Court of Justice in the ' s-Gravenhage must be transferred.
In relation to the registers provided for in the previous Article, the Registrar of the Court of Justice shall be ' s-Gravenhage the same obligations as those relating to the other records of civil status which are situated at the Registry of the Registry of the Registry of the Court of Justice of the European Union are situated on him.
1 Of the requests for the removal of an act in or to supplement or improve the registers of civil status which have been or should have been kept within a consular authority, the arrondissements of the Hague shall take the form of a Knowledge, subject to appeal.
2 Article 29 of Book 1 of the Netherlands Civil Code shall apply mutatis mutandis.
1 In so far as he is empowered to make acts of civil acts other than those of the civil status, he shall be entitled to carry out operations to the notary in the Netherlands, Aruban, Curaçao or Sint Maartense. statutory provisions.
2 The deeds which he or he overstand in accordance with those legal provisions past acts have equivalent force as they were in the Kingdom's past.
The olographic and secret wills are used by Dutch, Aruban, Curaçao or Sint Maartense in accordance with the rules of the Dutch, Aruban, Curaçao or Sint Maartense, subject to the rules of the Dutch, Aruban, Curaçao or Sint Maartense. who have been placed in custody, subject to the conditions laid down in the Dutch, Dutch-Antillean or Aruban law.
1 The consular officials, in so far as they are competent to draw up:
a. Wishing to have any limit or revocation of the final wish of the public.
b. superscripted instruments,
c. Acts containing a depository or a return of extreme desire,
d. Acts of gifts of the whole or partial estate, including the gift of one or more property from the estate,
(e) Acts of appointment as a result of death shall be compulsory no later than the first working day following that on which they have made such a note to our Minister for Foreign Affairs on a form drawn up by Our Minister of Justice to declare the information referred to in the following paragraph in duplicate.
2 These data are:
1. the number under which the instrument was entered in the register held by the consular officer;
2 °. the date of the instrument and type of instrument, to the award of the preceding paragraph;
3 °. the first three names, the number of the names, and the name, place of birth, date of birth and place of residence of the person who made the deed, as far as such information is included, or a statement that and why they cannot be specified,
4 °. the letters, name, office and place of employment of the consular officer who made the instrument;
5 °. if a public act containing a disposition or revocation of a disposition has been drawn up, the communication or by this Act all the previous extreme may or may not have been revoked.
3 Our Minister of Foreign Affairs shall immediately send the documents received to the Register of Test Records, or a corresponding register in the public bodies of Bonaire, Sint Eustatius and Saba.
4 Of an indication referred to in this Article shall be entered in the Register on the day on which it took place.
This law can be cited under the title of Consular Law.
Burdens and orders, which are in the State Sheet will be placed, and that all ministerial departments, Authorities, Collegiate Bodies and Officials, with which this is concerned, will hold on to the proper execution.
Given on the Loo, den 25sten Julij 1871
WILLIAM.
The Minister for Foreign Affairs,
L. GERICKE.
The Minister of Justice,
J. A. JOLLES.
Issued the third-party Augustus 1871.The Minister of Justice,
J. A. JOLLES.
