Key Benefits:
Original text
(Status on 6 February 2014)
The purpose of this Convention is to ensure the mutual recognition and enforcement by the Contracting States of decisions made on the occasion of international or domestic applications relating to the claim of food by a Legitimate, non-legitimate or adoptive child, not married and under 21 years of age.
If the decision contains provisions on a point other than the maintenance obligation, the effect of the Convention remains limited to the latter.
The Convention does not apply to food decisions between collateral.
Decisions on food in one of the Contracting States shall be recognised and declared enforceable, without revision to the substance, in the other Contracting States, if
Under this Convention, the following authorities are responsible for making food decisions:
The party who takes the decision or who requests the execution must produce:
The examination of the implementing authority shall be limited to the conditions set out in Art. 2 and the documents listed in s. 4.
The exequatur procedure shall be governed, as this Convention does not otherwise have, by the law of the State of which the implementing authority is responsible.
Any decision declared enforceable shall have the same force and effect as if it were issued by a competent authority of the State in which enforcement is sought.
If the decision in respect of which enforcement is sought has ordered the provision of food by periodic payments, enforcement will be granted for both the payments already due and for the payments to the kiln.
1 See RO 1964 1285 art. 2. 3.
The conditions established by the foregoing Articles in respect of the recognition and enforcement of decisions referred to in this Convention shall also apply to decisions made by one of the authorities referred to in Art. 3, amending the condemnation of a food obligation.
The party admitted to free legal assistance in the State in which the decision was made will benefit from the procedure for obtaining the execution of the decision.
In the proceedings referred to in this Convention, there shall be no Cautio j U Solvi dicatum.
The documents produced shall be provided, in the procedures governed by this Convention, for visas and legalization.
The Contracting States undertake to facilitate the transfer of the amount of the sums allocated due to maintenance obligations towards children.
Nothing in this Convention shall interfere with the creditor's right to invoke any other provision applicable to the enforcement of food decisions in accordance with the domestic law of the country in which it is based The implementing authority, either under another Convention in force between the Contracting States.
This Convention shall not apply to decisions rendered before its entry into force.
Each Contracting State shall indicate to the Government of the Netherlands the competent authorities in order to make decisions on food and to make foreign decisions enforceable.
The Government of the Netherlands shall bring these communications to the knowledge of the other Contracting States.
This Convention shall apply as of right to the metropolitan territories of the Contracting States.
If a Contracting State wishes to bring it into force in all other territories or in such other territories whose international relations are insured by it, it shall notify its intention to that effect by means of an act which shall be deposited with the Ministry of Foreign Affairs of the Netherlands. The latter shall, by diplomatic means, send a certified copy to each of the Contracting States.
This declaration will have no effect on the non-metropolitan areas only in the relations between the State which has made it and the states that have declared it to accept it. The latter declaration will be filed with the Ministry of Foreign Affairs of the Netherlands; the Netherlands will send a certified copy, by diplomatic channels, to each of the Contracting States.
This Convention shall be open for signature by the States represented at the Eighth Session of the Hague Conference on Private International Law.
It will be ratified and the instruments of ratification will be deposited with the Ministry of Foreign Affairs of the Netherlands.
Any deposit of instruments of ratification shall be drawn up in the form of a record, a copy of which shall be certified, by diplomatic means, to each of the signatory States.
This Convention shall enter into force on the sixtieth day from the filing of the fourth instrument of ratification provided for in Art. 15.
For each signatory State, ratifying subsequently the Convention, it shall enter into force on the sixtieth day from the date of the deposit of its instrument of ratification.
In the case referred to in Art. 14, para. 2. Of this Convention, this Convention shall be applicable on the sixtieth day from the date of filing of the declaration of acceptance.
Any State, not represented at the Eighth Session of the Hague Conference on Private International Law, may accede to this Convention. The State wishing to join shall notify its intention by an act which will be deposited with the Ministry of Foreign Affairs of the Netherlands. The latter shall, by diplomatic means, send a certified copy to each of the Contracting States.
The Convention shall enter into force, between the acceding State and the State having declared acceptance of that accession, on the sixtieth day after the date of the deposit of the act of accession.
Accession shall have effect only in relations between the acceding State and the Contracting States which have declared their acceptance of the accession. This declaration will be filed with the Ministry of Foreign Affairs of the Netherlands, which will send a certified copy to each of the Contracting States through diplomatic channels.
It is understood that the deposit of the Act of Accession may not take place until after the entry into force of this Convention under Art. 16.
Each Contracting State, by signing or ratifying this Convention or acceding to it, may make a reservation as to the recognition and enforcement of judgments given by an authority of another Contracting State, which would have been competent in Reason for the residence of the food creditor.
The State which has made use of this reservation shall not be entitled to the application of the Convention to the decisions of its authorities when they have been competent because of the residence of the maintenance creditor.
This Convention shall be for a period of five years from the date specified in Art. 16, para. 1, of this Convention. This period shall start from that date, even for those States which have ratified or acceded to it subsequently.
The Convention will be renewed tacitly five years in five years, except denunciation.
The denunciation shall, at least six months before the expiry of the period, be notified to the Ministry of Foreign Affairs of the Netherlands, which shall give notice to all the other Contracting States.
Denunciation may be limited to the territories or to certain territories indicated in a notification made in accordance with Art. 14, para. 2.
The denunciation shall have effect only in respect of the State which has notified it. The Convention shall remain in force for the other Contracting States.
In witness whereof, The undersigned, duly authorized, have signed this Convention.
Done at The Hague, on 15 April 1958, in a single copy, which shall be deposited in the archives of the Government of the Netherlands, and of which a certified copy thereof shall be furnished, by diplomatic means, to each of the States represented at the Eighth Session of The Hague Conference on Private International Law and later acceding States.
(Suivent signatures)
States Parties |
Ratification Accession (A) Declaration of Succession (S) |
Entry into force |
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Germany |
2 November |
1961 |
1 Er January |
1962 |
Austria |
September 5 |
1960 |
1 Er January |
1962 |
Belgium |
September 15 |
1961 |
1 Er January |
1962 |
China |
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Macao |
16 December |
1999 |
20 December |
1999 |
Denmark |
2 November |
1965 |
1 Er January |
1966 |
Spain |
11 September |
1973 |
9 November |
1973 |
Finland |
27 June |
1967 |
August 24 |
1967 |
France |
26 May |
1966 |
July 25 |
1966 |
Comoros A |
13 June |
1966 A |
July 25 |
1966 |
Guadeloupe A |
13 June |
1966 A |
July 25 |
1966 |
Guyana (French) A |
13 June |
1966 A |
July 25 |
1966 |
Wallis and Futuna Islands A |
13 June |
1966 A |
July 25 |
1966 |
Martinique A |
13 June |
1966 A |
July 25 |
1966 |
New Caledonia A |
13 June |
1966 A |
July 25 |
1966 |
French Polynesia A |
13 June |
1966 A |
July 25 |
1966 |
Meeting A |
13 June |
1966 A |
July 25 |
1966 |
Saint Pierre and Miquelon A |
13 June |
1966 A |
July 25 |
1966 |
French Southern and Antarctic Lands A |
13 June |
1966 A |
July 25 |
1966 |
Territory of the French Coast of Somalis (also French territory of Afars and Issas or Djibouti) A |
13 June |
1966 A |
July 25 |
1966 |
Hungary A |
20 October |
1964 A |
25 June |
1971 |
Italy |
22 February |
1961 |
1 Er January |
1962 |
Liechtenstein * A |
2 June |
1972 A |
1 Er August |
1972 |
Norway * |
2 September |
1965 |
1 Er November |
1965 |
Netherlands * |
28 February |
1964 |
28 April |
1964 |
Aruba |
28 February |
1964 A |
28 April |
1964 |
Curaçao |
28 February |
1964 A |
28 April |
1964 |
Caribbean (Bonaire, Sint Eustatius and Saba) |
28 February |
1964 A |
28 April |
1964 |
Sint § Maarten |
28 February |
1964 A |
28 April |
1964 |
Portugal * |
27 December |
1973 |
24 February |
1974 |
Czech Republic * |
28 January |
1993 S |
1 Er January |
1993 |
Slovakia * |
April 26 |
1993 S |
1 Er January |
1993 |
Sweden |
31 December |
1965 |
1 Er March |
1966 |
Switzerland |
18 November |
1964 |
17 January |
1965 |
Suriname A |
11 November |
1976 A |
March 4 |
1977 |
Turkey |
April 27 |
1973 |
25 June |
1973 |
* |
Reservations and declarations, see below. |
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Reservations and declarations are not published in the RO. The texts in English and French can be consulted at the Internet site of the Hague Conference: http://hcch.e-vision.nl/index_fr.php or obtained from the Directorate of International Public Law (DDIP), International Treaty Section, 3003 Berne. |
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A |
Accession subject to an acceptance procedure: the date of entry into force is that between Switzerland and that country or territory. |
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1 This conv. Is still applicable to Switzerland only in relations with Contracting States which are not party to the conv. Of 2 Oct. 1973 on the recognition and enforcement of decisions relating to maintenance obligations (RS 0.211.213.02 Art. 29). See list of States Parties published below
2 Art. 2 al. 1 of 1 AF Er Oct. 1964 (RO 1964 1285).
3 RO 2005 1003 , 2014 481. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).