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Konvention om erkännande och verkställighet av avgöranden angående underhållsbidrag

Convention on the recognition and enforcement of decisions relating to maintenance obligations

Osapuolet

• ALANKOMAAT

  Sitoutumispäivä: 12.12.1980 R
  Voimaantulopäivä: 01.03.1981
  Varauma:

  In application of Article 34 in connection with Article 26 of the Convention the Kingdom makes the reservation that the Convention shall not be applied to decisions or settlements in respect of maintenance obligations between persons related collaterally.
  (...) in application of Article 25 the provisions of the Convention are extended, in relation to other States making the same declarations to an official deed drawn up by or before an authority or public official and directly enforceable in the State of origin insofar as these provisions can be applied to such deeds.

• ALBANIA

  Sitoutumispäivä: 29.08.2011 L
  Voimaantulopäivä: 01.12.2012

• ANDORRA

  Sitoutumispäivä: 06.04.2011 L
  Voimaantulopäivä: 01.07.2012
  Varauma:

  Reservations
  Articles: 26
  
  (Translation)
  In accordance with the first paragraph of Article 34 of the Convention, the principality of Andorra reserves the right not to recognise or enforce the decisions and the settlements described in paragraph 1 of Article 26.

• AUSTRALIA

  Sitoutumispäivä: 20.10.2000 L
  Voimaantulopäivä: 01.02.2002
  Varauma:

  "The Government of Australia, pursuant to subparagraph 2 of the first paragraph of Article 26, hereby reserves the right not to recognise or enforce decisions or settlements in respect of maintenance obligations (a) between persons related collaterally and (b) between persons related by affinity.
  The Government of Australia further declares, pursuant to Article 32, that the Convention will extend to all the territories for the international relations of which Australia is responsible."

• ESPANJA

  Sitoutumispäivä: 16.06.1987 R
  Voimaantulopäivä: 01.09.1987

• ISO-BRITANNIA

  Sitoutumispäivä: 21.12.1979 R
  Voimaantulopäivä: 01.03.1980
  Varauma:

  Alueellinen soveltaminen: Sovelletaan myös Mansaareen 1.4.1985 lukien ja Jerseyhyn 1.11.2003 lukien.
  
  "(a) reserves the right provided for in Article 26(2) not to recognize or enforce a decision or settlement in respect of maintenance obligations between persons related collaterally and between persons related by affinity unless that decision or settlement requires the maintenance debtor to make payments to a person who is a child of the family (for the purposes of the law of England and Wales and Northern Ireland) or who is a child of the maintenance creditor who has been accepted as a child of the family by the maintenance debtor (for the purposes of the law of Scotland).
  (b) reserves the right provided for in Article 26(3) not to recognize or enforce a decision or settlement unless it provides for the periodical payment of maintenance."
  and under the declaration with reference to Article 33 that the Convention shall extend to all the territorial units of the United Kingdom: England and Wales, Northern Ireland, Scotland.
  The following authorities will receive requests for the recognition and enforcement of decisions relating to maintenance obligations:
  in England and Wales:
  Home Office, C2 Division, Queen Anne's Gate, LONDON SW1H 9AT
  in Northern Ireland:
  Northern Ireland Courts Service, Windsor House, 9-15 Bedford Street, BELFAST BT2 7LT
  in Scotland:
  Scottish Courts Administration, P.O. Box 37, 28 North Bridge, EDINBURGH EH1 1RA
  ________________________________________

• ITALIA

  Sitoutumispäivä: 02.10.1981 R
  Voimaantulopäivä: 01.01.1982
  Varauma:

  In accordance with Article 34 of the Convention on the Recognition and Enforcement of Decisions relating to Maintenance Obligations, the Italian Republic reserves the right not to recognize or enforce a decision or settlement unless it provides for the periodical payment of maintenance, provided for in Article 26, paragraph 3, except a decision or settlement providing for a single payment of the sum owed upon the dissolution of the marriage, as governed by the final sentence of Article 5, paragraph 4, of the Law of 1 December 1970, No.898.

• KREIKKA

  Sitoutumispäivä: 13.11.2003 R
  Voimaantulopäivä: 01.02.2004
  Varauma:

  Reservations to Article 26 of the Convention Greece reserves the right not to recognise or enforce decisions or settlements in respect of maintenance obligations:
  a) between persons related collaterally (except for brothers and sisters), nor
  b) between persons related by affinity.

• LIETTUA

  Sitoutumispäivä: 05.06.2002 L
  Voimaantulopäivä: 01.10.2003
  Varauma:

  "1. The Republic of Lithuania reserves the right not to recognize or enforce a decision or settlement insofar as it relates to a period of time after a maintenance creditor attains the age of twenty-one years or marries, except when the creditor is or was the spouse of the maintenance debtor (subparagraph 1 of Article 26 of the Convention;
  2. The Republic of Lithuania reserves the right not to recognize or enforce a decision or settlement in respect of maintenance obligations between persons related collaterally (subparagraph 2(a) of Article 26 of the Convention);
  3. The Republic of Lithuania reserves the right not to recognize or enforce a decision or settlement in respect of maintenance obligations between persons related by affinity (subparagraph 2(b) of Article 26 of the Convention)."

• LUXEMBURG

  Sitoutumispäivä: 19.03.1981 R
  Voimaantulopäivä: 01.06.1981
  Varauma:

  In accordance with Article 34 of the Convention the Grand Duchy of Luxembourg reserves the right not to recognize or enforce
  – a decision or settlement in respect of maintenance obligations
  (a) between persons related collaterally
  (b) between persons related by affinity;
  – a decision or settlement unless it provides for the periodical payment of maintenance.

• NORJA

  Sitoutumispäivä: 12.04.1978 R
  Voimaantulopäivä: 01.07.1978
  Varauma:

  "In conformity with Article 34, the Government of Norway reserves the right provided for in Article 26, paragraph 1, No 2, not to recognize or enforce decisions and settlements relating to maintenance obligations between persons related collaterally and between persons related by affinity."
  
  By a Note dated 2 February 1992, Norway has informed the Ministry of Foreign Affairs of the Kingdom of the Netherlands of the following:
  "The Maintenance Enforcement Office in Oslo, International Division, as from 1.1.1992, is authorized to make decisions relating to the recovery of maintenance contributions to children in all cases where one of the parents is resident abroad – and that this instance as from the same date should serve as transmitting, as well as receiving agency in accordance with the Conventions, as far as the Hague Convention of 15 April 1958, art. 13 is concerned."
  By a Note dated 21 March 1995, Norway has informed the Ministry of Foreign Affairs of the Kingdom of the Netherlands of the following:
  "As from 1 October 1992 the Norwegian national insurance Office for Social insurance Abroad, Child Maintenance Division, functions as transmitting as well as receiving agency for the recovery of maintenance contributions to children where one of the parents is resident abroad.
  The address of the above-mentioned office is:
  Folkertrygdkontoret for utenlandssaker
  Bidragskontoret
  Postboks 8138 Dep.
  0032 Oslo
  Norway".

• PORTUGALI

  Sitoutumispäivä: 04.12.1975 R
  Voimaantulopäivä: 01.08.1976
  Varauma:

  In accordance with Article 34, first paragraph, of the Convention the Portuguese State reserves the right not to recognize or enforce the decisions and settlements mentioned in Article 26, paragraphs 1 and 2 b.

• PUOLA

  Sitoutumispäivä: 15.04.1996 R
  Voimaantulopäivä: 01.07.1996
  Varauma:

  Reservation referred to in Article 26(3) of the Convention on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations, concluded on 2 October 1973.
  The Republic of Poland, in accordance with Article 34, reserves the right not to recognize or enforce a decision or settlement unless it provides for a periodical payment of maintenance.
  One of the principles of the Polish law concerning maintenance obligations is a periodical current provision of means of subsistence.

• RANSKA

  Sitoutumispäivä: 19.07.1977 R
  Voimaantulopäivä: 01.10.1977

• RUOTSI

  Sitoutumispäivä: 17.02.1977 R
  Voimaantulopäivä: 01.05.1977
  Varauma:

  In conformity with Article 34 of this Convention Sweden reserves the right not to recognize or enforce the decisions and settlements described in Article 26, numbers 1 and 2.
  The provisions of the Convention will be extended, in relation to other States making a declaration under this Article to an official deed ("acte authentique") drawn up by or before an authority or public official and directly enforceable in the State of origin insofar as these provisions can be applied to such deeds.

• SAKSA

  Sitoutumispäivä: 28.01.1987 R
  Voimaantulopäivä: 01.04.1987
  Varauma:

  The Federal Republic of Germany declares pursuant to sub-paragraph 2 of Article 26 of the Convention that it will not recognize or enforce a decision or settlement in respect of maintenance obligations
  (a) between persons related collaterally and
  (b) between persons related by affinity.
  Notwithstanding this reservation, the Federal Republic of Germany will proceed as follows in accordance with its internal law: it will also recognize and enforce in conformity with the provisions of the Convention any decisions and settlement from another Contracting State in respect in maintenance obligations between persons related collaterally and between persons related by affinity; however, it will refuse recognition and enforcement of such decisions at the request of the maintenance debtor if there is no maintenance obligation under the internal law of the State of which the debtor and the creditor are nationals or, in the absence of a common nationality, under the law applicable at the habitual residence of the debtor.
  The Federal Republic of Germany also declares pursuant to Article 25 of the Convention that the provisions of the Convention will be extended, in relation to other States making a declaration under this Article, to an official deed ("acte authentique") drawn up by or before an authority or public official and directly enforceable in the State of origin insofar as these provisions can be applied to such deeds.

• SLOVAKIA

  Sitoutumispäivä: 12.05.1976 VS
  Voimaantulopäivä: 01.08.1976
  Varauma:

  Reservation and declaration made by the former Czechoslovakia:
  (Translation:)
  The Socialist Republic of Czechoslovakia, referring to the Convention on the Recognition and Enforcement of Decisions relating to Maintenance Obligations, concluded at The Hague on 2 October 1973, reserves the right in accordance with Article 34 of that Convention not to recognize or enforce the decisions and settlements relating to the maintenance obligations described in Article 26, paragraph 2 (a) and (b), since Czechoslovak Law does not recognize maintenance obligations between the persons mentioned therein.
  At the same time, the Socialist Republic of Czechoslovakia wishes to state, in connection with Article 32 of the Convention according to all States the right to declare that the Convention shall be applicable to all territories for the international relations of which it is responsible, that keeping certain countries in a state of dependence is in its opinion contrary to the spirit and objectives of the United Nations Declaration of 14 December 1960 on the granting of independence to colonial countries and peoples, which declares the necessity for a speedy and unconditional end to colonialism in all its forms.

• SVEITSI

  Sitoutumispäivä: 18.05.1976 R
  Voimaantulopäivä: 01.08.1976

• TANSKA

  Sitoutumispäivä: 07.10.1987 R
  Voimaantulopäivä: 01.01.1988
  Varauma:

  With reservations provided for in Article 26, numbers 1 and 2, under (a) and (b).

• TSHEKKI

  Sitoutumispäivä: 12.05.1976 VS
  Voimaantulopäivä: 01.08.1976
  Varauma:

  Reservation and declaration made by the former Czechoslovakia:
  (Translation)
  The Socialist Republic of Czechoslovakia, referring to the Convention on the Recognition and Enforcement of Decisions relating to Maintenance Obligations, concluded at The Hague on 2 October 1973, reserves the right in accordance with Article 34 of that Convention not to recognize or enforce the decisions and settlements relating to the maintenance obligations described in Article 26, paragraph 2 (a) and (b), since Czechoslovak Law does not recognize maintenance obligations between the persons mentioned therein.
  At the same time, the Socialist Republic of Czechoslovakia wishes to state, in connection with Article 32 of the Convention according to all States the right to declare that the Convention shall be applicable to all territories for the international relations of which it is responsible, that keeping certain countries in a state of dependence is in its opinion contrary to the spirit and objectives of the United Nations Declaration of 14 December 1960 on the granting of independence to colonial countries and peoples, which declares the necessity for a speedy and unconditional end to colonialism in all its forms.

• TURKKI

  Sitoutumispäivä: 23.08.1983 R
  Voimaantulopäivä: 01.11.1983
  Varauma:

  The Republic of Turkey reserves in accordance with Article 34 of the Convention, the right referred to in Article 26, sub-paragraphs 2 and 3, not to recognize or enforce a decision or settlement in respect of maintenance obligations between persons related collaterally and between persons related by affinity, and a decision or settlement unless it provides for the periodical payment of maintenance.

• UKRAINA

  Sitoutumispäivä: 03.04.2007 L
  Voimaantulopäivä: 01.08.2008
  Varauma:

  Articles: 25,26
  In accordance with Article 25 of the Convention Ukraine declares that it shall extend the provisions of this Convention over official documents determined by the Convention to the extent that the provisions of the Convention can be applied to such documents.
  In accordance with Article 26 of the Convention Ukraine shall reserve the right not to recognise or not to implement decisions or agreements concerning obligations on keeping among persons who are non-direct relatives and among persons who are relatives on the part of the husband or wife, except cases in which the appropriate obligations on keeping would exist in accordance with the national legislation of Ukraine.

• VIRO

  Sitoutumispäivä: 17.12.1996 L
  Voimaantulopäivä: 01.04.1998
  Varauma:

  "(...), the Estonian Riigikogu, while acceding to the said Convention, declared that the public body acting in Estonia as Transmitting and Receiving Agency shall be the Ministry of Justice.
  (...), the Estonian Riigikogu, while acceding to the said Convention, made a reservation in accordance with Article 34 not to recognise and enforce the decisions or settlements of paragraphs 2 and 3 of Article 26."