Key Benefits:
(State on 5 April 2013)
The Federal Republic of Germany, the Republic of Austria, the Kingdom of Belgium, the French Republic, the Kingdom of Greece, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Swiss Confederation and the Republic of Italy Turque, members of the International Commission of Civil State,
Desiring to ensure the effectiveness and enforcement in the territory of their States of decisions relating to the correction of acts of civil status,
Have agreed as follows:
For the purposes of this Convention, the term "rectification decision" means any decision of the competent authority which, without ruling on a matter relating to the condition of persons or on the right to a nobiliary or honorary qualification, Repairs an error in an act of the marital status.
The authority of one of the Contracting States, competent to make a decision on the rectification of an act of the civil status drawn up in the territory of that State and containing an error, is also competent to rectify the same mistake by that decision Which would have been reproduced in an act concerning the same person or his descendants, subsequently drawn up in the territory of another Contracting State.
This decision is enforceable without any formality in the territory of that other State.
To that end, the competent authority of the State in which the decision has been given is obliged to send a shipment of that decision and an expedition of the rectified act to the competent authority of the State in which that decision must also be carried out.
Where a decision to rectify an act of the civil status has been made by the competent authority of one of the Contracting States, the transcripts or references to that act on the registers of the civil status of another Contracting State shall be rectified in Consequence, on the simple presentation of a shipment of the correction decision and a shipment of the rectified act.
Where the rectification exceeds the limits of this Convention or constitutes an error itself, its performance may, by way of derogation from the provisions of the art. 2 and 3, to be refused by reasoned decision of the judicial authority or the higher administrative authority, referred to in the Annex by each Contracting State.
Such refusal shall be notified to the authority of the State where the decision of rectification has been made.
The authorities entitled to send or receive the transmissions or notifications shall, for each Contracting State, be designated in the Annex to this Convention.
These authorities may correspond directly.
The Contracting States shall notify the Swiss Federal Council of the completion of the procedures required by their Constitution to make this Convention applicable in their territory.
The Swiss Federal Council will notify the Contracting States and the Secretary General of the International Commission of the Civil State of any notification within the meaning of the preceding paragraph.
This Convention shall enter into force as from the thirtieth day after the date of the filing of the second notification and shall, therefore, take effect between the two States that have performed that formality.
For each signatory State, performing subsequently the formality provided for in the preceding Article, this Convention shall take effect from the thirtieth day after the date of the filing of its notification.
This Convention shall apply to the full extent of the metropolitan territory of each Contracting State.
Any Contracting State may, at the time of signature, the notification provided for in Art. 6, of accession or later, declare by notification addressed to the Swiss Federal Council, that the provisions of this Convention shall apply to one or more of its non-metropolitan territories, States or Territories For which it has international responsibility. The Swiss Federal Council will notify each of the Contracting States and the Secretary General of the International Civil State Commission of the latter notification. The provisions of this Convention shall become applicable in the territory or territories designated in the notification on the sixtieth day following the date on which the Swiss Federal Council receives such notification.
Any State which has made a declaration in accordance with the provisions of para. 2 of this Article may thereafter declare at any time, by notification addressed to the Swiss Federal Council, that this Convention shall cease to be applicable to one or more of the States or territories designated in the declaration.
The Swiss Federal Council will notify each of the Contracting States and the Secretary General of the International Civil State Commission of the new notification.
The Convention shall cease to be applicable to the territory concerned, on the sixtieth day following the date on which the Swiss Federal Council receives such notification.
Any member state of the Council of Europe or of the International Civil State Commission may accede to this Convention. The State wishing to accede will notify its intention by an act which will be deposited with the Swiss Federal Council. The latter shall notify each of the Contracting States and the Secretary General of the International Commission of the Civil State of any deposit of an act of accession. The Convention shall enter into force, for the acceding State, on the thirtieth day after the date of the deposit of the Act of Accession.
The deposit of the Act of Accession may take place only after the entry into force of this Convention.
This Convention shall remain in force without limitation. However, each Contracting State may denounce it at any time by means of a written notification to the Swiss Federal Council, which shall inform the other Contracting States and the Secretary General of the Commission International Civil Status.
This right of denunciation shall not be exercised before the expiration of five years from the date of the notification provided for in Art. 6 or accession.
The denunciation shall have effect from a period of six months after the date on which the Swiss Federal Council receives the notification provided for in the first paragraph of this Article.
In witness whereof, The undersigned representatives duly authorised for this purpose have signed this Convention.
Done at Paris, on September 10 mil nine hundred and sixty-four, in a single copy which shall be deposited in the archives of the Swiss Federal Council and of which a certified copy shall be furnished by diplomatic means to each of the Contracting States and to the Secretary General of the International Civil State Commission.
(Suivent signatures)
(art. 5 of the Convention):
Germany: |
Standesamt I Berlin (West) Berlin-Dahlem |
Austria: |
|
Belgium: |
The Ministry of Justice |
Spain: |
The Ministry of Justice 1 |
France: |
The Ministry of Justice or the Prosecutor of the Republic of the place where the rectified act was drawn up or the act to be rectified |
Greece: |
|
Italy: |
The Ministry of Justice |
Luxembourg: |
The Ministry of Justice |
Netherlands: |
The Ministry of Justice |
Switzerland: |
Federal Office of Justice, Unit Infostar (UIS), 3003 Berne 2 |
Turkey: |
The Ministry of Justice |
1 RO 1977 1412
2 RO 2013 1075
Germany: |
"Amtsgerichte" instead of the seat of a "Landgericht" |
Austria: |
|
Belgium: |
The judicial authorities |
Spain: |
The Courts of First Instance and the Directorate-General for Registers and Notarial 1 |
France: |
The President of the court of the place where the act to be corrected is drawn up in accordance with the conditions laid down in Art. 99 of the Civil Code |
Greece: |
|
Italy: |
The Court |
Luxembourg: |
The District Court |
Netherlands: |
The District Court |
Switzerland: |
The cantonal civil status monitoring authorities |
Turkey: |
The Court |
States Parties |
Ratification Accession (A) |
Entry into force |
||
Germany |
25 June |
1969 |
July 25 |
1969 |
Spain |
22 November |
1976 A |
22 December |
1976 |
France |
19 July |
1983 |
August 18 |
1983 |
Luxembourg |
20 October |
1965 |
April 6 |
1966 |
Netherlands |
April 21 |
1972 |
21 May |
1972 |
Aruba |
April 21 |
1972 |
21 May |
1972 |
Switzerland |
7 March |
1966 |
April 6 |
1966 |
Suriname |
April 21 |
1972 |
21 May |
1972 |
Turkey |
July 25 |
1967 |
August 24 |
1967 |
1 RO 1977 1412
2 RO 2013 1075 A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).