Decree No 14 / 1974 Coll.
Decree of the Minister for Foreign Affairs on the Convention on the Recognition and Enforcement of a Decision on child maintenance
Valid
Effective from 29.12.1970
14
DECLARATION
Minister for Foreign Affairs
of 10 December 1973
on the Convention on the Recognition and Enforcement of a Decision on child maintenance
On 15 April 1958, the Convention on the Recognition and Enforcement of a Decision on child maintenance was negotiated in The Hague.
The Charter on access to the Convention by the Czechoslovak Socialist Republic was deposited with the Dutch Ministry of Foreign Affairs, the depositary of the Convention on 24 September 1970.
Within the meaning of Article 17 thereof, the Convention entered into force between the Czechoslovak Socialist Republic and the following States:
| Belgie | dne 29. prosince 1970 |
| Francie | dne 10. února 1971 |
| Švýcarsko | dne 13. dubna 1971 |
| Německá spolková republika | dne 6. května 1971 |
| Itálie | dne 5. června 1972 |
| Rakousko | dne 4. července 1972 |
| Švédsko | dne 2. října 1972 |
| Finsko | dne 16. října 1972 |
| Norsko | dne 11. října 1972 |
| Dánsko | dne 29. listopadu 1972. |
The Czech translation of the Convention is being announced simultaneously.
Minister:
Ing. Chupek v. r.
CONVENTION
on the recognition and enforceability of a maintenance decision for children
Signatory States of this Convention
be guided by efforts to adopt common provisions governing recognition and enforceability of maintenance decisions for children,
have decided to conclude a convention to that end and have agreed on the following provisions:
The purpose of this Convention is to ensure, in relations between the Contracting States, mutual recognition and enforcement of judgments on actions of an international or national nature which have as their object the right of a married, illegitimate or adopted child to maintenance, unless the child has entered into marriage and has reached the age of 21.
Where a decision contains provisions relating to a matter other than maintenance obligation, the effectiveness of this Convention shall be limited to the maintenance obligation.
This Convention shall not apply to maintenance decisions between relatives in the branch line.
Maintenance decisions issued in one of the Contracting States shall be recognised and declared enforceable in the other Contracting States without any substantive examination if:
1. the authority which issued the decision has been competent under this Convention;
2. The defendant has been duly summoned or represented under the law of the State whose authority has decided on the case; the recognition and enforceability may, however, be denied if the decision is made by default if the executing authority considers, taking into account all the circumstances of the case, that the missed party did not know or could not defend itself without fault;
3. in the State in which it was issued, the decision became final; provisionally enforceable decisions and provisional measures shall, however, be declared enforceable by the enforcement authority, even if an appeal may be brought against them where similar decisions may be given and enforced in the State of which the decision was given by the authority;
4. the decision does not contradict any other decision given in the same case and between the same parties in the State where the claim is claimed; recognition and enforcement may be refused if, before the decision has been given, proceedings have been brought in the State in which the claim is claimed;
5. The decision clearly does not contradict the public policy of the State in which the claim is claimed.
Under this Convention, the following authorities are competent to give maintenance decisions:
1. the authorities of the State in whose territory the person concerned had his habitual residence at the time of the initiation of the procedure;
2. the authorities of the State in whose territory the person entitled to maintenance was habitually resident at the time of the opening of the procedure;
3. the body whose jurisdiction has been subject to compulsory maintenance, either expressly or by expressing itself on the substance, without reservation of jurisdiction.
The party claiming or proposing the execution of the decision shall submit:
1. a written copy of the decision which satisfies the necessary conditions for proof of authenticity;
2. documents certifying the enforceability of the decision;
3. Where a decision is taken by default, a certified copy of the measure initiating the procedure and of the documents certifying the proper service of the measure shall be made.
The examination of the enforcement authority shall be limited to the conditions referred to in Article 2 and to the documents calculated in Article 4.
Unless otherwise provided for in this Convention, enforcement proceedings shall be governed by the law of the State of the enforcement authority.
Any decision declared enforceable shall have the same effect and effect as if it had been given by the competent authority of the State in whose territory enforcement is sought.
Where maintenance payments have been ordered in a decision whose enforcement is proposed on a regular basis, the enforcement of the decision shall be authorised for both amounts already due and amounts due in the future.
The conditions laid down in the previous Articles for the recognition and enforcement of decisions under this Convention shall also apply to decisions amending the maintenance sentence issued by one of the authorities referred to in Article 3.
A Party which has been granted free legal aid in the State where the decision was given shall also benefit from it in enforcement proceedings.
There is no need to lodge a security for procedural costs in proceedings under this Convention.
The instruments submitted in proceedings under this Convention need no further verification or legalisation.
The Contracting States undertake to facilitate the transfer of amounts of money which have been granted to fulfil child maintenance obligations.
Nothing in this Convention may preclude the right of a person entitled to maintenance to invoke any other provision applicable to the enforcement of a maintenance decision, whether under the national law of the country of residence of the enforcement authority or under the provisions of another Convention, in force between the Contracting States.
This Convention shall not apply to decisions given before its entry into force.
Each Contracting State shall notify the Dutch Government of the authorities responsible for issuing maintenance decisions and declaring foreign decisions enforceable.
The Netherlands Government will inform the other Contracting States of these notifications.
This Convention shall apply without further application to the metropolitan territories of the Contracting States.
If a Contracting State wishes the Convention to apply in all other territories or in those other territories whose international relations it provides, it shall notify that State of its intention by means of a charter to be deposited with the Dutch Ministry of Foreign Affairs. It shall send a certified copy to each Contracting State by diplomatic means.
This declaration will be effective for non-metropolitan territories, only in relations between the State which made the declaration and those which declared acceptance of the declarations. The declaration of acceptance shall be deposited with the Dutch Ministry of Foreign Affairs, which shall send a certified copy to each Contracting State by diplomatic means.
This Convention shall be open for signature by States represented at the eighth session of the Hague Conference on Private International Law.
It is subject to ratification and the instruments of ratification will be deposited with the Dutch Ministry of Foreign Affairs.
A protocol shall be drawn up for the deposit of each instrument of ratification, the certified copy of which shall be sent by diplomatic means to each of the signatory States.
This Convention shall enter into force on the 60th day following the deposit of the fourth instrument of ratification referred to in Article 15.
For each signatory State which ratifies the Convention at a later date, it shall enter into force on the 60th day following the deposit of its instrument of ratification.
In the cases referred to in Article 14 (2) of this Convention, this shall be applicable 60 days after the date of deposit of the declaration of acceptance.
Any State which has not been represented at the eighth session of the Hague Conference on Private International Law may accede to this Convention. The State wishing to accede shall notify its intention by means of a charter to be deposited with the Dutch Ministry of Foreign Affairs. It shall send a certified copy to each Contracting State by diplomatic means.
The Convention shall enter into force between the acceding State and the State which has declared its acceptance of access on the 60th day following the date of deposit of the instrument of accession.
The approach is only effective in relations between the acceding State and the Contracting States which have declared that they accept it. This declaration shall be deposited with the Dutch Ministry of Foreign Affairs, which shall send a certified copy to each Contracting State by diplomatic means.
The instrument of access may be deposited only after the entry into force of this Convention pursuant to Article 16.
Any Contracting State may, when signing or ratifying this Convention or accessing it, make reservations as to the recognition and enforcement of decisions given by the authorities of another Contracting State whose jurisdiction is based on the place of residence of the person entitled to maintenance.
However, a State which applies this reservation may not require that this Convention be applied to decisions given by its authorities whose jurisdiction is based on the place of residence of the person entitled to maintenance.
This Convention shall be in force five years after the date referred to in the first paragraph of Article 16 thereof. This period shall also run from that date for those States which ratify or accede to it at a later date.
The validity of this Convention shall be extended in silence for a further five years, unless terminated.
The denunciation shall be notified no later than 6 months before the expiry of the deadline to the Dutch Ministry of Foreign Affairs, which shall inform the other Contracting States accordingly.
The denunciation may be limited to the territory or to certain territories referred to in the notification made pursuant to Article 14 (2).
The denunciation shall be effective only for the State which notified it. The Convention shall remain in force for the other Contracting States.
To prove the signature, duly authorised, they signed this Convention.
Dated in The Hague on 15 April 1958, in a single copy to be deposited in the archives of the Government of the Netherlands and one certified copy to be forwarded by diplomatic channels to each of the States represented at the eighth session of the Hague Conference on Private International Law, as well as to those States which accede later.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No 14 / 1974 Coll., on the Convention on the Recognition and Enforcement of a Decision on child maintenance |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.02.1974 |
|---|---|
| Effective from | 29.12.1970 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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