Rs 0.211.232.1 Convention Of 13 January 2000 On The International Protection Of Adults (Clah 2000)

Original Language Title: RS 0.211.232.1 Convention du 13 janvier 2000 sur la protection internationale des adultes (CLaH 2000)

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0.211.232.1 original text Convention on the international protection of adults concluded in the Hague on 13 January 2000 approved by the Federal Assembly on 21 December 2007, Instrument of ratification deposited by the Switzerland on 27 March 2009 entry into force for the Switzerland 1 July 2009 (status may 7, 2014) the signatory States of this Convention, whereas in the international situations the protection of adults who due to an alteration or an insufficiency of their personal faculties, are not in condition to meet their interests, wishing to avoid conflicts between their legal systems in terms of jurisdiction, applicable law, recognition and enforcement of measures for the protection of adults, recalling the importance of international cooperation to the protection of adults, affirming that the interests of the adult and respect for his dignity and his will must be paramount considerations , have agreed to the following provisions: chapter I scope of the Convention art. 1-1. This Convention shall apply, in situations to international character, to the protection of adults who, due to impairment or insufficiency of their personal faculties, are not in condition to meet their interests.
2. it is intended: a) to determine the State whose authorities have jurisdiction to take measures directed to the protection of the person or property of the adult; b) to determine the applicable law by these authorities in the exercise of their jurisdiction; c) to determine the law applicable to the representation of the adult; d) to ensure the recognition and enforcement measures of protection in all Contracting States; e) to establish cooperation between the authorities of the Contracting States necessary for the achievement of the objectives of the Convention.

Art. 2-1. Within the meaning of this Convention, an adult is a person having reached the age of 18.
2. the Convention also applies to measures related to an adult who had not attained the age of 18 when they were taken.

Art. 3. the measures provided for in art. 1 can carry including: a) the determination of incapacity and the institution of a system of protection; b) the setting of the adult under the protection of a judicial or administrative authority c) guardianship, curatorship and similar institutions; d) the designation and functions of any person or body responsible for care of the person or property of the adult, to represent or assist him; e) the placement of the adult in an establishment or other place where its protection can be achieved; f) the administration, conservation or disposal of the property of the adult; g) the authorisation of a specific intervention for the protection of the person or property of the adult.

Art. 4-1. Are excluded from the field of the Convention: a) maintenance obligations; b) training, the cancellation and the dissolution of the marriage or a similar relationship as well as the separation of body; c) matrimonial and similar regimes similar to marriage relations; d) trusts and estates; e) social security; f) public measures of a general nature health; g) measures taken in respect of a person as a result of criminal offences committed by (this person; h) the decisions on the right of asylum and on immigration; i) measures only intended to safeguard public security.

2. the by. 1 does not, in the subjects mentioned, the quality of a person to act as a representative of the adult.

Chapter II jurisdiction art. 5-1. The authorities, both judicial and administrative, of the State of the habitual residence of the adult are competent to take measures directed to the protection of his person or his property.
2. in the event of a change in the habitual residence of the adult in another Contracting State, are competent authorities of the State of the new habitual residence.

Art. 6-1. For adults who are refugees and those who, due to disturbances occurring in their country, are internationally displaced, the authorities of the Contracting State on the territory of which these adults are present as a result of their displacement shall exercise the jurisdiction provided in art. 5, by. 1 2. The provision of the preceding paragraph also applies to adults whose habitual residence cannot be established.

Art. 7-1. Except for adults who are refugees or who, in consequence of disorders occurring in the State of their nationality, are internationally displaced, the authorities of a Contracting State of which the adult is a national are competent to take measures directed to the protection of his person or his property, if they consider that they are better able to appreciate the interest of the adult and after having notified the competent authorities under art. 5 or 6, by. 2 2. This skill can only be exercised if the competent authorities under art. 5, 6, by. 2, or 8 have informed the authorities of the national State of the adult that they have taken all the measures required by the situation or decided that no action should be taken or that a procedure is pending before them.
3. the measures taken by virtue of the by. 1 cease to have effect as soon as the competent authorities under art. 5, 6, by. 2, or 8 have taken measures required by the situation or have decided there is no place to take action. These authorities shall inform the authorities took measures in application of the by. 1 art. 8-1. The authorities of the Contracting State having jurisdiction under art. 5 or 6, if they consider that such is the interests of the adult, may, on their own initiative or at the request of the authority of another Contracting State, request the authorities of one of the States mentioned in the by. 2 to take measures directed to the protection of the person or property of the adult. The request may relate to all or part of this protection.
2. the Contracting States whose authority can be required in the conditions laid down in the previous paragraph are: a) a State of which the adult is a national; b) previous habitual residence of the adult State; c) a State in which is located the adult goods; d) the State of which the authorities have been selected in writing by the adult to take measures for its protection; e) the State of the habitual residence of a person close to the adult prepared to take supported its protection; f) the State on whose territory the adult is present, with regard to the protection of his person.

3. in case the authority designated under the provisions of paragraphs pre-min does not accept its jurisdiction, the authorities of the Contracting State having jurisdiction under art. 5 or 6 retain jurisdiction.

Art. 9. the authorities of a Contracting State in which property of the adult are competent to take measures of protection relating to such property, provided that these measures are compatible with those taken by the competent authorities under art. 5-8.

Art. 10-1. In all cases of urgency, the authorities of each Contracting State on the territory of which are the adult or property belonging to him are competent to take the necessary protection measures.
2. the measures taken pursuant to the preceding paragraph in respect of an adult having habitual residence in a Contracting State cease to have effect as soon as the competent authorities under art. 5 to 9 have taken the measures required by the situation.
3. the measures taken in implementation of the by. 1 with regard to an adult habitually resident in a non-Contracting State cease to have effect in each Contracting State as soon as there are recognized the measures required by the situation, taken by the authorities of another State.
4. the authorities have taken measures in application of the by. 1, to the extent possible, inform the authorities of the State of the habitual residence of the adult.

Art. 11-1. As an exception, the authorities of a Contracting State in whose territory the adult is present are competent to take measures for the protection of the person of the adult, having a temporary nature and territorial efficiency restricted to that State, provided that these measures are compatible with those already taken by the competent authorities under art. 5 to 8 and after having informed the competent authorities under art. 5 2. The measures taken pursuant to the preceding paragraph in respect of an adult having habitual residence in a Contracting State cease to have effect as soon as the competent authorities under art. 5 to 8 expressed themselves on the measures that could require the situation.

Art. 12 subject to art. 7, by. 3, the measures taken in application of art. 5 to 9 remain in force within the limits that are theirs, even when a change in the circumstances did remove the element on which was based the jurisdiction, as long as the competent authorities under the Convention do not have modified, replaced or lifted.

Chapter III law applicable art. 13-1. In the exercise of the competence assigned to them by the provisions of chapter II, the authorities of the Contracting States apply their law.

2. However, insofar as the protection of the person or property of the adult so requires, they may exceptionally apply or take into consideration the law of another State with which the situation has a close connection.

Art. 14. where a measure taken in one Contracting State is implemented in another Contracting State, the conditions for its application are governed by the law of that other State.

Art. 15-1. The existence, extent, modification and extinction of powers of representation granted by an adult, either by agreement or by a unilateral act, to be exercised when this adult will be unable to meet its interests, are governed by the law of the State of the habitual residence of the adult at the time of the agreement or unilateral act, unless one of the statutes referred to the by. 2 has expressly designated in writing.
2. States whose law may be designated are the following: a) a State of which the adult is a national; b) a previous habitual residence of the adult State; c) a State in which property of the adult, for which are located for these assets.

3. the exercise of these powers of representation terms are governed by the law of the State where they are exercised.

Art. 16. the powers of representation referred to in art. 15, when they are not exercised to ensure sufficient protection of the person or property of the adult, can be removed or modified by measures taken by an authority having jurisdiction under the Convention. To remove or modify these powers of representation, the law specified in art. 15 must be taken into account as far as possible.

Art. 17-1. The validity of an act between a third party and another person who would have the quality of representative of the adult under the law of the State where the Act was passed cannot be challenged, nor the third party liable, on the sole ground that the other person was not the quality of representative under the law designated by the provisions of this chapter unless the third party knew or had to know that this quality was governed by this law.
2. the preceding paragraph applies only where the Act had been signed between persons present on the territory of the same State.

Art. 18. the provisions of this chapter apply even if the law they represent that is of a non-Contracting State.

Art. 19 within the meaning of this chapter, the term 'law' means the law in force in a State other than its rules of conflict of laws.

Art. 20. This chapter does not affect the provisions of the law of the State in which the protection of the adult must be provided, whose enforcement is necessary regardless of the law which would otherwise apply.

Art. 21. the application of the law designated by the provisions of this chapter cannot be ruled out that if this application is manifestly contrary to public order.

Chapter IV recognition and enforcement art. 22 1. The measures taken by the authorities of a Contracting State are recognized in its own right in other Contracting States.
((2. However, recognition may be refused: a) if the measure was taken by an authority whose jurisdiction was not based on a ground of jurisdiction provided or in accordance with the provisions of chapter II; b) if the measure was taken, except in a case of emergency, in the context of a judicial or administrative procedure, without that having been given the opportunity to be heard adult ((, in violation of the fundamental principles of procedure of the State required; c) If recognition is manifestly contrary to the public policy of the requested State or is contrary to a provision of the law of that State whose enforcement is necessary regardless of the law which would otherwise apply; d) if the measure is incompatible with a later measure in a non-Contracting State which would have been competent under arts. 5 to 9, when this last measure meets the conditions necessary for its recognition in the State required; e) if the procedure provided in art. 33 has not been respected.

Art. 23. without prejudice to art. 22, by. 1, any interested person may ask the competent authorities of a Contracting State that a ruling on the recognition or non-recognition of a measure taken in another Contracting State. The procedure is governed by the law of the requested State.

Art. 24. the authority of the requested State is bound by the findings of fact on which the auto-rite of the State that took the action based its jurisdiction.

Art. 25 1. If taken in a State Contracting and which are enforceable measures include implementing acts in another Contracting State, they are, in that other State, declared enforceable or registered for the purpose of execution, at the request of any interested party, according to the procedure provided by the law of that State.
2. each Contracting State applied to the declaration of enforceability or registration a simple and rapid procedure.
3. the declaration of enforceability or registration may be refused only for one of the grounds set out in art. 22, by. 2 art. 26. subject to what is necessary for the purposes of the foregoing articles, the authority of the requested State will conduct no review at the bottom of the measure taken.

Art. 27. the measures taken in one Contracting State, which are declared enforceable or registered for the purpose of enforcement in another Contracting State, there are implemented as if they had been taken by the authorities of that other State. The implementation of the measures is done in accordance with the law of the requested State in the limits provided.

Chapter V co-operation art. 28 1. Each Contracting State designates a central authority to meet the obligations imposed by the Convention.
2. a federal State, a State in which several legal systems are in force or a State with autonomous territorial units is free to designate more than one central authority and to specify the territorial or personal duties scope. The State which makes use of this option designates the central authority to which any communication may be addressed for transmission to the appropriate central authority within that State.

Art. 29 1. The central authorities must cooperate with each other and promote co-operation between the competent authorities of their State to achieve the objectives of the Convention.
2. they take, as part of the implementation of the Convention, appropriate steps to provide information on their legislation, as well as on the services available in their State in the protection of the adult.

Art. 30 the central authority of a Contracting State takes, either directly or with the assistance of public authorities or other bodies, all provision for: a) to facilitate communications, by all means, between the competent authorities in situations to which the Convention applies; b) assist, at the request of a competent authority of another Contracting State, to locate the adult when it seems that it is present on the territory of the requested State and in need of protection.

Art. 31. the competent authorities of a Contracting State may encourage, either directly or through other organizations, the use of mediation, conciliation or other similar mode allowing agreements amicably on the protection of the person or property of the adult in situations to which the Convention applies.

Art. 32 1. When a measure of protection is contemplated, the competent authorities under the Convention may, if the situation of the adult so requires, request any authority of another Contracting State which has useful information for the protection of the adult to communicate them.
2. each Contracting State may declare that the applications planned in the by. 1 cannot be channelled only through its central authority.
3. the competent authorities of a Contracting State may request the authorities of another Contracting State to assist in the implementation of protection measures taken in implementation of the Convention.

Art. 33-1. When the competent authority under art. 5 to 8 considering the placement of the adult in an establishment or other place where protection can be provided, and that this investment will take place in another Contracting State, it beforehand consult the central authority or other competent authority of that State. For this purpose release a report on the adult and the reasons for its proposal on the placement.
2. the decision may be taken in the requesting State if the central authority or other competent authority of the requested State its opposition within a reasonable time.

Art. 34. in the case where the adult is exposed to a serious danger, the competent authorities of the Contracting State in which the adult protection measures have been taken or are in the process of being, if they are informed of the change of residence or the presence of an adult in another State, shall notify the authorities of that State of this danger and the measures taken or under consideration.

Art. 35


An authority may not request or transmit information in application of this chapter if it is of the opinion that such a request or transmission could endanger the person or property of the adult, or constitute a serious threat to the liberty or life of a member of his family.

Art. 36 1. Without prejudice to the possibility to claim reasonable costs corresponding to the services provided, central authorities and other public authorities of Contracting States bear their costs arising from the application of the provisions of this chapter.
2. a Contracting State may enter into agreements with one or more other Contracting States on the apportionment of costs.

Art. 37. any Contracting State may enter into with one or several other Contracting States of the agreements to encourage the application of the present in their mutual relationships chapter. States which have concluded such agreements and will transmit a copy to the depositary of the Convention.

Chapter VI provisions general art. 38 1. The authorities of the State in which a measure of protection has been taken or a power of representation confirmed may issue to any person who is entrusted with the protection of the person or property of the adult, at his request, a certificate indicating its quality and the powers conferred.
2. quality and powers indicated in the certificate are required for established, at the date of the certificate, unless proved otherwise.
3. each Contracting State designates the authorities responsible for establishing the certificate.

Art. 39. the personal data gathered or transmitted under the Convention cannot be used for other purposes than those for which they were gathered or transmitted.

Art. 40. the authorities to which information is transmitted ensure confidentiality in accordance with the law of their State.

Art. 41. the documents forwarded or delivered under the Convention are provided any legalisation or any analogous formality.

Art. 42. each Contracting State may designate the authorities to which requests under art. 8 and 33 should be sent.

Art. 43 1. The designations referred to in art. 28 and 42 will be communicated to the Permanent Bureau of the Hague Conference on private international law at the latest at the date of the deposit of the instrument of ratification, acceptance or approval of the Convention or accession to it. The changes of these designations will be also communicated to the Permanent Bureau.
2. the declaration referred to in art. 32, by. 2, is made to the depositary of the Convention.

Art. 44 a Contracting State in which legal systems or different sets of rules apply for protection of the person or property of the adult is not bound to apply the rules of the Convention to conflicts only on such different systems or sets of rules.

Art. 45 in relation to a State in which two or more systems of law or sets of rules relating to matters referred to in this Convention apply in different territorial units: a) any reference to habitual residence in that State is habitual residence in a territorial unit; b) any reference to the presence of the adult in this State is the presence of the adult in a territorial unit; c) any reference to the situation of the adult's estate in this State refers to the situation of the property of the adult in a territorial unit; d) any reference to the State of which the adult is a national goal is the territorial unit designated by the law of that State or, in the absence of relevant rules, the territorial unit with which the adult has the closest connection; e) any reference to the State whose authorities have been chosen by the adult is : - the territorial unit if the adult has chosen the authorities of this territorial unit, - the territorial unit of a State with which the adult has the closest link if the adult has chosen the authorities of this State without specifying the territorial unit in the State.

((f) any reference to the law of a State with which the situation has a close connection is the law of a territorial unit with which the situation has a close connection; g) any reference to the law, the procedure or the authority of the State where action has been taken is the law or procedure in force in the territorial unit or authority of the territorial unit in which this measure has been taken; h) any reference to the law ((, the procedure or authority of the requested State is the law or procedure in force in the territorial unit or authority of the territorial unit in which recognition or enforcement is invoked; i) any reference to the State of the implementation of the protection measure is the territorial unit of the implementation of the measure; j) any reference to bodies or authorities of that State other central authorities, aims the agencies or authorities empowered to act in the relevant territorial unit.

Art. 46 to identify the applicable law under Chapter III, when a State has two or more territorial units each of which has its own system of law or set of rules with respect to the matters governed by this Convention, the following rules apply: has) in the presence of rules in force in this State identifying the territorial unit whose law is applicable (, the law of that unit applies; b) in the absence of such rules, the law of the territorial unit defined according to the provisions of art. 45 applies.

Art. 47 to identify the law under Chapter III, when a State has two or more systems of law or sets of rules for different categories of people for the matters governed by this Convention, the following rules apply: a) in the presence of rules in force in this State identifying which of these acts applies, that law applies; b) in the absence of such rules the law of the system or the set of rules with which the adult has the closest connection applies.

Art. 48. in relations between the Contracting States, this Convention replaces the Convention concerning the prohibition and similar protection measures, signed at the Hague on 17 July 1905.

Art. 49 1. The Convention is no exception to the international instruments to which Contracting States are Parties and which contain provisions on the matters dealt with by this Convention, unless a contrary declaration is made by the States bound by such instruments.
2. the Convention does not affect the possibility for one or more Contracting States to conclude agreements which contain, in what concerns adults normally resident in one of the States Parties to such agreements, provisions on matters dealt with by this Convention.
3. the agreements to be concluded by one or more Contracting States on matters dealt with by the present Convention affect, in reports of such States with other Contracting States, the application of the provisions of this Convention.
4. the preceding paragraphs also apply to uniform laws based on the existence between the States concerned of special links, including regional nature.

Art. 50 1. The Convention applies only to measures taken in a State after the entry into force of the Convention for that State.
2. the Convention applies to the recognition and enforcement of measures taken after its entry into force in the relations between the State where the measures have been taken and the requested State.
3. the Convention shall apply from its entry into force in a Contracting State to powers of representation previously granted under conditions corresponding to those provided for in art. 15 art. 51 1. Any communication to the central authority or other authority of a Contracting State is addressed in the original language and accompanied by a translation into the official language or one of the official languages of that State or, when this translation is hardly feasible, a translation into french or English.
2 However, a Contracting State may, by making a reservation in accordance with art. 56, oppose the use either the french or English.

Art. 52. the Secretary general of the Hague Conference on international private shall periodically convene a Special Commission in order to review the practical operation of the Convention.

Chapter VII Clauses finals art. 53 1. The Convention is open for signature by the States which were members of the Hague Conference on private international law on 2 October 1999.
2. it will be ratified, accepted or approved and the instruments of ratification, acceptance or approval shall be deposited with the Department of business foreign of the Kingdom of Netherlands, depositary of the Convention.

Art. 54 1. Any other State may accede to the Convention after its entry into force under art. 57, per. 1 2. The instrument of accession shall be deposited with the depositary.

3. accession shall have effect only in relations between the State party and Contracting States that's have not raised objection against her within six months after the receipt of the notification provided for in art. 59, let. (b) such an objection may also be raised by any State at the time of a ratification, acceptance or approval of the Convention, after accession. These objections shall be notified to the depositary.

Art. 55 1. A State that has two or more territorial units in which different legal systems apply to the matters governed by this Convention may, at the time of signature, ratification, acceptance, approval or accession, declare that the Convention will apply to all its territorial units or only to one or to several of them, and may at any time modify this statement by making a new statement.
2. these declarations shall be notified to the depositary and will expressly indicate the units local to which the Convention applies.
3. If a State makes no declaration under this article, the Convention will apply to the whole of the territory of that State.

Art. 56 1. Any Contracting State may, at the latest at the time of ratification, acceptance, approval or accession, or at the time of a declaration under art. 55, making the reservation provided for in art. 51, per. 2. no other reservations will be admitted.
2. any State may, at any time, withdraw the reservation it has made. Such withdrawal shall be notified to the depositary.
3. the effect of the reserve will cease the first day of the third calendar month after the notification referred to in the previous paragraph.

Art. 57 1. The Convention will enter into force the first day of the month following the expiration of a period of three months after the deposit of the third instrument of ratification, acceptance or approval provided by art. 53 2. After, the Convention will enter into force: a) for each State ratifying, accepting or approving subsequently, the first day of the month following the expiration of a period of three months after the deposit of its instrument of ratification, acceptance, approval or accession;) b for each State acceding, the first day of the month following the expiration of a period of three months after the expiry of the period of six months provided for in art. 54, by. 3, c) for the territorial units to which the Convention has been extended in accordance with art. 55, the first day of the month following the expiration of a period of three months after the notification referred to in this article.

Art. 58 1. Any State party to the Convention may denounce it by a notification in writing to the depositary. The denunciation may be limited to certain territorial units to which the Convention applies.
2. the denunciation shall take effect on the first day of the month following the expiration of a period of twelve months after the date of receipt of the notification by the depositary. When a longer period for the taking into effect of the denunciation is specified in the notification, the denunciation shall take effect on the expiry of the period in question.

Art. 59. the depositary shall notify the States members of the Hague Conference on private international law, as well as to the States which have acceded in accordance with the provisions of art. 54: a) the signatures, ratifications, acceptances and approvals referred to in art. 53; b) the accessions and objections to the accessions referred to in art. 54; c) the date on which the Convention will enter into force in accordance with the provisions of art. 57; d) the declarations referred to in art. 32, by. 2, and 55; e) the agreements referred to in art. 37; f) the reserve referred to in art. 51, per. 2, and his withdrawal provided for in art. 56, per. 2, g) the denunciations referred to in art. 58. in faith of what, the undersigned, duly authorized, have signed this Convention.
Done at the Hague, on 13 January 2000, in french and English, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Kingdom of Netherlands, and of which a certified copy will be given, through diplomatic channels, to each of the States members of the Hague Conference of private international on 2 October 1999.
(Follow signatures)

Swiss central authority central authorities federal federal Office of the Justice Unit international private Bundesrain 20 3003 Bern phone: 0041 31 323 88 64 fax: 0041 31 322 78 64 E-mail: kindesschutz@bj.admin.ch central authorities cantonal www.ejpd.admin.ch/content/dam/data/gesellschaft/internationaler _ erwachsenenschutz/adressliste-zentralbehoerde - follow scope may 7, 2014 States parties Ratification Ratification, accession (A) entered into force Germany * April 3, 2007 January 1, 2009 Austria * 9 October 2013 February 1, 2014 Estonia * 13 December 2010 1 November

2011 Finland 19 November 2010 1 March 2011 France * September 18, 2008 1 January 2009 Czech Republic * 18 April 2012 August 1, 2012 United Kingdom * November 5, 2003 January 1, 2009 Switzerland March 27, 2009 1 July 2009 reservations and declarations.
Reservations and declarations are not published to the RO. Texts in french and English can be found at the address of the website of the Hague Conference: http://hcch.e-vision.nl/index_fr.php or obtained in the Direction of public international law (FDFA), the international treaties Section, 3003 Bern.

2009 3107 RO; FF 2007 2433 art. 1 al. let 1. b FY Dec. 21. 2007 (RO 2009 3077).
2012 2009 3123 RO 1555, 1555 2012, 2014 1157 RO. A version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).

State may 7, 2014

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