Статус Конвенции о праве, применимом к алиментным обязательствам (Гаага, 2 октября 1973 года) [рус., англ.]

[неофициальный перевод]

СТАТУС КОНВЕНЦИИ О ПРАВЕ, ПРИМЕНИМОМ К АЛИМЕНТНЫМ ОБЯЗАТЕЛЬСТВАМ (ГААГА, 2 ОКТЯБРЯ 1973 ГОДА)

(последние изменения произошли 9 января 2013 года)

CONVENTION OF 2 OCTOBER 1973 ON THE LAW APPLICABLE TO MAINTENANCE OBLIGATIONS

Last update: 09.01.2013

Entry into force: 01.10.1977

Number of Contracting Parties to this Convention: 15

The expression «Contracting Party» covers both cases in which the Convention has, and cases in which the Convention has not yet, entered into force for that Party following the deposit of its instrument of ratification, accession, acceptance or approval (see column EIF in the chart).

Contracting Parties and Signatories to this Convention that are also Members of the HCCH (i.e., the Organisation) are in bold; Contracting Parties and Signatories that are not Members of the HCCH are in italics.

Members of the Organisation

N.B. In case a particular territorial unit is not mentioned in this table of extensions, it means that the application of the Convention has not (yet) been extended to that territorial unit.

<1> S = Signature

<2> R/A/Su = Ratification, Accession or Succession

<3> Type = R: Ratification;

A: Accession;

A: Accession giving rise to an acceptance procedure; click on A for details of acceptances of the accession;**

AEU: Accession by the European Union

AEU*: State bound as a result of the accession by the European Union

C: Continuation;

Su: Succession;

Den: Denunciation;

<4> EIF = Entry into force

<5> Ext = Extensions of application

<6> Authorities per Convention = Designation of Authorities

<7> Res/D/N/DC = Reservations, declarations, notifications or depositary communications

Res/D/N

Germany Articles Reservations

«Die Bundesrepublik Deutschland erklärte gemäß Artikel 15 des Übereinkommens , daß ihre Behörden ihr innerstaatliches Recht anwenden werden, wenn sowohl der Berechtigte als auch der Verpflichtete Deutsche im Sinne des Grundgesetzes für die Bundesrepublik Deutschland sind und der Verpflichtete seinen gewöhnlichen Aufenthalt in der Bundesrepublik Deutschland hat.»

(Translation)

The Federal Republic of Germany declares pursuant to Article 15 of the Convention that its authorities shall apply its internal law if the creditor and the debtor are both Germans within the meaning of the Basic Law of the Federal Republic of Germany and if the debtor has his habitual residence in the Federal Republic of Germany.

Greece Articles Reservations

(Translation)

Greece will not apply the Convention to maintenance obligations

1. between collaterals (except brothers and sisters),

2. between in-laws, nor

3. between spouses whose marriage has been declared void or has been annulled when the decree of divorce, legal separation, nullity or annulment of the marriage has been rendered by default in a State in which the defaulting party did not have his habitual residence.

Italy Articles Reservations

(Translation)

In accordance with Article 24 of the Convention on the Law Applicable to Maintenance Obligations, the Italian Republic reserves the right, provided for in Article 15, to the effect that its authorities shall apply the Italian law if the creditor and the debtor both have the Italian nationality and if the debtor has his habitual residence in Italy.

Lithuania Articles Reservations

«(...) in accordance with Article 15 of the said Convention, the Republic of Lithuania reserves the right to apply its internal law if the creditor and the debtor are both nationals of the Republic of Lithuania under the Law on Citizenship of the Republic of Lithuania and if the debtor has his habitual residence in the Republic of Lithuania.»

Luxembourg Articles Reservations

(Translation)

The Government of Luxembourg reserves the right in accordance with Article 14 of the Convention, not to apply the Convention to maintenance obligations between divorced or legally separated spouses or spouses whose marriage has been declared void or annulled if the decree of divorce, legal separation, nullity or annulment has been rendered by default in a State in which the defaulting party did not have his habitual residence. In that case Articles 4 to 6 are applicable.

In accordance with Article 15, the Government of Luxembourg reserves the right to apply the Luxembourg law if the creditor and the debtor are both nationals of Luxembourg and if the maintenance debtor has his habitual residence in Luxembourg.

Netherlands Articles Notifications Reservations

12 December 1980

In application of Article 24 in connection with Article 15 of the Convention the Kingdom makes the reservation that its authorities shall apply its internal law if the creditor and the debtor are both nationals of the Kingdom of the Netherlands and if the debtor has his habitual residence in the Kingdom.

18-10-2010

The Kingdom of the Netherlands consisted of three parts: the Netherlands, the Netherlands Antilles and Aruba. The Netherlands Antilles consisted of the islands of Curaçao , Sint Maarten, Bonaire, Sint Eustatius and Saba. With effect from 10 October 2010, the Netherlands Antilles ceased to exist as a part of the Kingdom of the Netherlands. Since that date, the Kingdom consists of four parts: the Netherlands, Aruba, Curaçao and Sint Maarten. Curaçao and Sint Maarten enjoy internal self-government within the Kingdom, as Aruba and, up to 10 October 2010, the Netherlands Antilles do. These changes constitute a modification of the internal constitutional relations within the Kingdom of the Netherlands. The Kingdom of the Netherlands will accordingly remain the subject of international law with which agreements are concluded. The modification of the structure of the Kingdom will therefore not affect the validity of the international agreements ratified by the Kingdom for the Netherlands Antilles. These agreements, including any reservations made, will continue to apply to Curaçao and Sint Maarten. The other islands that have formed part of the Netherlands Antilles — Bonaire, Sint Eustatius and Saba — became part of the Netherlands, thus constituting «the Caribbean part of the Netherlands». The agreements that applied to the Netherlands Antilles will also continue to apply to these islands; however, the Government of the Netherlands will now be responsible for implementing these agreements.

25-07-2012

The reservation [of 12 December 1980] is confirmed for Curaçao , Sint Maarten and the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba). The reservation remains valid for the European part of the Netherlands and Aruba.

Poland Articles Reservations

The instrument of accession contains two reservations:

(Translation)

The Republic of Poland has decided to join the Convention, reserving the right not to apply this Convention, in agreement with the provisions of Article 14, paragraphs 2 and 3, as well as making a reservation to the effect that its authorities shall apply its internal law, in agreement with the provisions of Article 15 of the Convention.

The instrument of accession was accompanied by a communication on those reservations:

(Translation)

1. The Republic of Poland, in accordance with Article 24, reserves the right not to apply this Convention to maintenance obligations between persons related by affinity and between spouses, in agreement with the provisions of Article 14, paragraphs 2 and 3, of the Convention.

2. The Republic of Poland, in accordance with Article 24, makes a reservation to the effect that its authorities shall apply its internal law, in agreement with the provisions of Article 15 of the Convention.

Portugal Articles Reservations

«Ao abrigo do primeiro parágrafo do artigo 24° da Convenção , Portugal reservase o direito de não aplicar a mesma Convenção às obrigações alimentares a que se referem os Nos. 2 e 3 do artigo 14°. e o de as suas autoridades aplicarem a sua lei interna quando o credor e o devedor tiverem a nacionalidade portuguesa e o devedor residir habitualmente em Portugal (art.° 15°).»

(Translation)

In accordance with Article 24, first paragraph, of the Convention the Portuguese State reserves the right not to apply the Convention to the maintenance obligations mentioned in Article 14, numbers 2 and 3, and its authorities shall apply its internal law if the creditor and the debtor have both the Portuguese nationality and if the debtor has his habitual residence in Portugal (Article 15).

Spain Articles Reservations

«El Estado español , de conformidad con el artículo 24, formula reserva en virtud de la cual sus Autoridades aplicarán su propia Ley interna cuando el acreedor y deudor alimenticio tenga su nacionalidad y siempre que el deudor tenga en España su residencia habitual.»

(Translation)

The Spanish State, in conformity with Article 24, makes a reservation to the effect that its authorities shall apply its internal law if the creditor and the maintenance debtor are both its nationals and if the debtor has his habitual residence in Spain.

Switzerland Articles Reservations

(Translation)

1. In conformity with Article 24, Switzerland reserves the right, provided for in Article 14, paragraphs 1 and 2, not to apply the Convention to maintenance obligations between persons related collaterally and between persons related by affinity;*

2. Switzerland reserves the right, provided for in Article 15, to apply the Swiss law if the creditor and the debtor have both the Swiss nationality and if the debtor has his habitual residence in Switzerland.

*By note of 26 March 1993, received on 29 March 1993, Switzerland informed of the withdrawal of the reservation with regard to Article 14, paragraphs 1 and 2. The reservation ceased to have effect on 1 June 1993.