Статус Конвенции о признании разводов и решений о раздельном жительстве супругов (Гаага, 1 июня 1970 года) [рус., англ.]

[неофициальный перевод]

СТАТУС КОНВЕНЦИИ О ПРИЗНАНИИ РАЗВОДОВ И РЕШЕНИЙ О РАЗДЕЛЬНОМ ЖИТЕЛЬСТВЕ СУПРУГОВ (ГААГА, 1 ИЮНЯ 1970 ГОДА)

(последние изменения произошли 4 июня 2014 года)

Вступление в силу: 24.08.1975

Число государств-участников Конвенции: 20

CONVENTION OF 1 JUNE 1970 ON THE RECOGNITION OF DIVORCES AND LEGAL SEPARATIONS

Last update: 04.06.2014

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

Type

China Type Continuation

This Convention applies to the Special Administrative Region of Hong Kong only, as a result of an extension made by the United Kingdom of Great Britain and Northern Ireland. When Hong Kong was restored to the People's Republic of China on 1 July 1997, China declared that the Convention will continue to apply for Hong Kong.

Date of entry into force of the Convention for Hong Kong: 1 April 1972.

Declarations/notifications:

The Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention, gave notice that on 16 June 1997, the Minister for Foreign Affairs of the Kingdom of the Netherlands received a Note dated 11 June 1997 from the Ambassador of the United Kingdom of Great Britain and Northern Ireland at The Hague and a Note dated 3 June 1997 from the Ambassador of the People's Republic of China at The Hague concerning Hong Kong.

The Note from the Ambassador of Great Britain reads as follows:

«Your Excellency,»

I am instructed by Her Britannic Majesty's Principal Secretary of State for Foreign and Commonwealth Affairs to refer to the Convention on the Recognition of Divorces and Legal Separations done at The Hague on 1 June 1970 (hereinafter referred to as the Convention) which applies to Hong Kong at present.

I am also instructed to state that, in accordance with the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People's Republic of China on the Question of Hong Kong signed on 19 December 1984, the Government of the United Kingdom will restore Hong Kong to the People's Republic of China with effect from 1 July 1997. The Government of the United Kingdom will continue to have international responsibility for Hong Kong until that date. Therefore, from that date the Government of the United Kingdom will cease to be responsible for the international rights and obligations arising from the application of the Convention to Hong Kong. (...)

(signed Rosemary Spencer)».

The Note from the Ambassador of the People's Republic of China reads as follows:

(Translation)

«Your Excellency,»

In accordance with the Joint Declaration of the Government of the People's Republic of China and the Government of the United Kingdom of Great Britain and Northern Ireland on the Question of Hong Kong signed on 19 December 1984 (hereinafter referred to as the «Joint Declaration»), the People's Republic of China will resume the exercise of sovereignty over Hong Kong with effect from 1 July 1997. Hong Kong will, with effect from that date, become a Special Administrative Region of the People's Republic of China and will enjoy a high degree of autonomy, except in foreign and defence affairs which are the responsibilities of the Central People's Government of the People's Republic of China.

It is provided both in Section XI of Annex I to the Joint Declaration, «Elaboration by the Government of the People's Republic of China of its Basic Policies Regarding Hong Kong», and Article 153 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, which was adopted on 4 April 1990 by the National People's Congress of the People's Republic of China, that international agreements to which the People's Republic of China is not a Party but which are implemented in Hong Kong may continue to be implemented in the Hong Kong Special Administrative Region.

In accordance with the above provisions, I am instructed by the Minister of Foreign Affairs of the People's Republic of China to make the following notification:

The Convention on the Recognition of Divorces and Legal Separations done at The Hague on 1 June 1970 (hereinafter referred to as the «Convention»), by which the Government of the Kingdom of the Netherlands is designated as the depositary, which applies to Hong Kong at present, will continue to apply to the Hong Kong Special Administrative Region with effect from 1 July 1997.

Within the above ambit, responsibility for the international rights and obligations of a Party to the Convention will be assumed by the Government of the People's Republic of China.

It would be appreciated if the contents of this Note could be placed formally on record and brought to the attention of the other Parties to the Convention. (...)

(signed Zhu Manli, Ambassador Extraordinary and Plenipotentiary of the People's Republic of China to the Kingdom of the Netherlands)».

A reservation had been made at the time of the extension of the Convention to Hong Kong by the United Kingdom of Great Britain and Northern Ireland. It reads as follows:

«In accordance with the provisions of Articles 24 and 25, the United Kingdom reserves the right not to apply the Convention, in relation to the aforesaid territories, to a divorce or to a legal separation obtained before the date on which, in relation to those territories, the Convention comes into force. Nevertheless, the provisions of the Convention will in practice be applied in those territories to a divorce or legal separation obtained on or after the date on which the legislation implementing the provisions of the Convention came into force in the territory in which recognition is sought. The provisions of the Convention will also be applied in that territory to a divorce or legal separation obtained before that date, save that in such a case the application of those provisions will not affect any property rights to which any person became entitled before that date and those provisions will not apply where the question of the validity of the divorce or legal separation has been decided before that date by a competent court in that territory.»

The legislation implementing the provisions of the Convention came into force in Gibraltar on the 1st of November, 1974 and in Hong Kong on the 1st of April, 1972.»

Czech Republic Type Succession

On 28 January 1993, the Czech Republic declared itself to be bound by the Convention — including reservations and declarations made by Czechoslovakia — as of 1 January 1993, date of the division of Czechoslovakia.

Slovakia Type Succession

On 15 March 1993, the Slovak Republic declared itself to be bound by the Convention — including reservations and declarations made by Czechoslovakia as well as objections by Czechoslovakia in respect of reservations made by other Treaty Parties — as of 1 January 1993, date of the division of Czechoslovakia.

Res/D/N

Albania Articles Declarations Reservations

The Republic of Albania declares that the term «divorce» in the context of the Convention has the same meaning as «marriage dissolution», provided for in the Albanian law.

In accordance with the first paragraph of article 19 of the Convention, the Republic of Albania reserves the right to refuse to recognize a divorce or legal separation between two spouses who, at the time of the divorce or legal separation, were nationals of the Republic of Albania and of no other State, and a law other than that indicated by the Albanian legislation for rules of private international law was applied, unless the result reached is the same as that which would have been reached by applying the law indicated by those rules.

In accordance with article 21 of the Convention, the Republic of Albania reserves the right to refuse to recognize a legal separation when, at the time it was obtained, one of the spouses was an Albanian national or of a Contracting State whose law did not provide for legal separation.

In accordance with the second paragraph of article 24 of the Convention, the Republic of Albania declares it shall apply the provisions of the Convention on the Recognition of Divorces and Legal Separations, done prior to its date of entry into force and reserves the right to not apply it if the application of provisions does not affect the property rights obtained by any person prior to the entry into force of the Convention.

Australia Articles Declarations

«... the Convention extends only to the legal system applicable in the Australian States and mainland Territories and Norfolk Island.»

The Government of Australia notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands on 21 May 1987, in accordance with Article 23 of the Convention, that the Convention shall henceforth apply to all of Australia's legal systems.

China Articles Notifications

This Convention applies to the Special Administrative Region of Hong Kong only, as a result of an extension made by the United Kingdom of Great Britain and Northern Ireland. When Hong Kong was restored to the People's Republic of China on 1 July 1997, China declared that the Convention will continue to apply for Hong Kong.

Date of entry into force of the Convention for Hong Kong: 1 April 1972.

Declarations/notifications:

The Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention, gave notice that on 16 June 1997, the Minister for Foreign Affairs of the Kingdom of the Netherlands received a Note dated 11 June 1997 from the Ambassador of the United Kingdom of Great Britain and Northern Ireland at The Hague and a Note dated 3 June 1997 from the Ambassador of the People's Republic of China at The Hague concerning Hong Kong.

The Note from the Ambassador of Great Britain reads as follows:

«Your Excellency,»

I am instructed by Her Britannic Majesty's Principal Secretary of State for Foreign and Commonwealth Affairs to refer to the Convention on the Recognition of Divorces and Legal Separations done at The Hague on 1 June 1970 (hereinafter referred to as the Convention) which applies to Hong Kong at present.

I am also instructed to state that, in accordance with the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People's Republic of China on the Question of Hong Kong signed on 19 December 1984, the Government of the United Kingdom will restore Hong Kong to the People's Republic of China with effect from 1 July 1997. The Government of the United Kingdom will continue to have international responsibility for Hong Kong until that date. Therefore, from that date the Government of the United Kingdom will cease to be responsible for the international rights and obligations arising from the application of the Convention to Hong Kong. (...)

(signed Rosemary Spencer)».

The Note from the Ambassador of the People's Republic of China reads as follows:

(Translation)

«Your Excellency,»

In accordance with the Joint Declaration of the Government of the People's Republic of China and the Government of the United Kingdom of Great Britain and Northern Ireland on the Question of Hong Kong signed on 19 December 1984 (hereinafter referred to as the «Joint Declaration»), the People's Republic of China will resume the exercise of sovereignty over Hong Kong with effect from 1 July 1997. Hong Kong will, with effect from that date, become a Special Administrative Region of the People's Republic of China and will enjoy a high degree of autonomy, except in foreign and defence affairs which are the responsibilities of the Central People's Government of the People's Republic of China.

It is provided both in Section XI of Annex I to the Joint Declaration, «Elaboration by the Government of the People's Republic of China of its Basic Policies Regarding Hong Kong», and Article 153 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, which was adopted on 4 April 1990 by the National People's Congress of the People's Republic of China, that international agreements to which the People's Republic of China is not a Party but which are implemented in Hong Kong may continue to be implemented in the Hong Kong Special Administrative Region.

In accordance with the above provisions, I am instructed by the Minister of Foreign Affairs of the People's Republic of China to make the following notification:

The Convention on the Recognition of Divorces and Legal Separations done at The Hague on 1 June 1970 (hereinafter referred to as the «Convention»), by which the Government of the Kingdom of the Netherlands is designated as the depositary, which applies to Hong Kong at present, will continue to apply to the Hong Kong Special Administrative Region with effect from 1 July 1997.

Within the above ambit, responsibility for the international rights and obligations of a Party to the Convention will be assumed by the Government of the People's Republic of China.

It would be appreciated if the contents of this Note could be placed formally on record and brought to the attention of the other Parties to the Convention. (...)

(signed Zhu Manli, Ambassador Extraordinary and Plenipotentiary of the People's Republic of China to the Kingdom of the Netherlands)».

A reservation had been made at the time of the extension of the Convention to Hong Kong by the United Kingdom of Great Britain and Northern Ireland. It reads as follows:

«In accordance with the provisions of Articles 24 and 25, the United Kingdom reserves the right not to apply the Convention, in relation to the aforesaid territories, to a divorce or to a legal separation obtained before the date on which, in relation to those territories, the Convention comes into force. Nevertheless, the provisions of the Convention will in practice be applied in those territories to a divorce or legal separation obtained on or after the date on which the legislation implementing the provisions of the Convention came into force in the territory in which recognition is sought. The provisions of the Convention will also be applied in that territory to a divorce or legal separation obtained before that date, save that in such a case the application of those provisions will not affect any property rights to which any person became entitled before that date and those provisions will not apply where the question of the validity of the divorce or legal separation has been decided before that date by a competent court in that territory.»

The legislation implementing the provisions of the Convention came into force in Gibraltar on the 1st of November, 1974 and in Hong Kong on the 1st of April, 1972.»

Cyprus Articles Reservations

«... the Government of the Republic of Cyprus reserves the right under para. (1) of Article 19 to refuse to recognize a divorce or legal separation between two spouses who, at the time of the divorce or legal separation, were both citizens of the Republic of Cyprus and of no other State and a law other than that indicated by the rules of Private International Law obtaining in Cyprus was applied, unless the result reached is the same as that which would have been reached by applying the law indicated by those rules.»

Czech Republic Articles Declarations Reservations

28-01-1993

The Czech Republic maintains the reservations and the declaration made by Czechoslovakia.

Reservations and declaration made by the former Czechoslovakia:

(Translation)

The Socialist Republic of Czechoslovakia reserves the right, under Article 19 of the Convention on the Recognition of Divorces and Legal Separations, concluded at The Hague on 1 June 1970, to refuse to recognize a divorce or legal separation between two spouses who at the time of the divorce or legal separation were nationals of the Socialist Republic of Czechoslovakia and of no other State, and a law other than that indicated by the rules of Czechoslovak private international law was applied, unless the result reached is the same as that which would have been reached by applying the law indicated by those rules.

Similarly, the Socialist Republic of Czechoslovakia reserves, under Article 24 of the Convention, the right not to apply the Convention to a divorce or to a legal separation obtained before the date on which it entered into force for the Socialist Republic of Czechoslovakia.

The Socialist Republic of Czechoslovakia wishes to state, in connection with Article 29 of the Convention, which accords to any State the right to apply the Convention 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.

Denmark Articles Reservations

With the reservation that till ulterior decision the Convention will not be applicable to the Faroe Islands and Greenland.

Italy Articles Reservations

(Translation)

The Italian Government reserves the right, in accordance with Article 19, paragraph 1, to refuse to recognize a divorce or legal separation between two spouses who, at the time of the divorce or legal separation were nationals of Italy, and of no other State, and a law other than that indicated by the rules of private international law of Italy was applied, unless the result reached is the same as that which would have been reached by applying the law indicated by those rules.

Luxembourg Articles Reservations

(Translation)

It is possible that a divorce or legal separation may not be recognized in cases where the two spouses, at the time of the divorce or legal separation, were nationals of Luxembourg and of no other State and a law other than that indicated by the rules of private international law obtaining in Luxembourg was applied, unless the result reached is the same as that which would have been reached by applying the law indicated by those rules.

Poland Articles Reservations

(Translation)

The Republic of Poland reserves the right to refuse to recognize a divorce or a legal separation in the particular well-defined situation, in the first paragraph of Article 19. In accordance with Article 24, the Republic of Poland reserves the right not to apply this Convention to a divorce or to a legal separation obtained before the date on which, in relation to the Republic of Poland, the Convention comes into force.

Portugal Articles Notifications

On 18 October 1999, Portugal extended the Convention to Macao.

In accordance with Article 29, third paragraph, the extension will have effect only as regards the relations with such Contracting States as will have declared their acceptance of the extension.

Republic of Moldova Articles Reservations

According to the Article 19 paragraph (1) of the Convention, Republic of Moldova reserves its right to refuse to recognise a divorce or legal separation between two spouses who, at the time of the divorce or legal separation, were citizens of the Republic of Moldova, and of no other State, if in this divorce or legal separation was applied a law other than that indicated by the national legislation in the field of the rules of private international law, unless the result reached is the same as that which would have been reached by applying the national law.

According to the Article 21 of the Convention, Republic of Moldova, whose law does not provide for legal separation, reserves the right to refuse to recognise a legal separation when, at the time it was obtained, one of the spouses was a national of a Contracting State whose law did not provide for legal separation.

Slovakia Articles Declarations Reservations

Reservations and declaration made by the former Czechoslovakia:

(Translation)

The Socialist Republic of Czechoslovakia reserves the right, under Article 19 of the Convention on the Recognition of Divorces and Legal Separations, concluded at The Hague on 1 June 1970, to refuse to recognize a divorce or legal separation between two spouses who at the time of the divorce or legal separation were nationals of the Socialist Republic of Czechoslovakia and of no other State, and a law other than that indicated by the rules of Czechoslovak private international law was applied, unless the result reached is the same as that which would have been reached by applying the law indicated by those rules.

Similarly, the Socialist Republic of Czechoslovakia reserves, under Article 24 of the Convention, the right not to apply the Convention to a divorce or to a legal separation obtained before the date on which it entered into force for the Socialist Republic of Czechoslovakia.

The Socialist Republic of Czechoslovakia wishes to state, in connection with Article 29 of the Convention, which accords to any State the right to apply the Convention 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.

United Kingdom of Great Britain and Northern Ireland Articles Declarations Reservations

«(a) In accordance with the provisions of Article 23, the Convention shall extend to the legal systems of the three parts of the United Kingdom, namely England and Wales, Scotland and Northern Ireland.»

(b) In accordance with the provisions of Article 24, the United Kingdom reserves the right not to apply the Convention to a divorce or to a legal separation obtained before the date on which, in relation to the United Kingdom, the Convention comes into force. Nevertheless, the United Kingdom will in practice apply the provisions of the Convention to a divorce or legal separation obtained on or after the date on which the legislation implementing the provisions of the Convention came into force in the part of the United Kingdom in which recognition is sought.

The United Kingdom will also apply the provisions of the Convention to a divorce or legal separation obtained before that date, save that in such a case the application of those provisions will not affect any property rights to which any person became entitled before that date and those provisions will not apply where the question of the validity of the divorce or legal separation has been decided before that date by any competent court in the United Kingdom, the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man. The legislation implementing the provisions of the Convention came into force in England and Wales and Scotland on the 1st of January 1972, and in Northern Ireland on the 1st of January 1974.»

ACCEPTANCES OF ACCESSIONS

Albania

United Kingdom of Great Britain and Northern Ireland

United Kingdom (also on behalf of the Bailiwick of Jersey, the Bailiwick of Guernsey, the Isle of Man, Bermuda, and Gibraltar)

Australia

China

In respect of the Special Administrative Region of Hong Kong only.

Australia's accession had been accepted on 3 November 1986 by the United Kingdom also in respect of Hong Kong, to which the Convention had been extended in 1977.

Czech Republic

(acceptance by the former Czechoslovakia)

Netherlands

(for the Kingdom in Europe)

Slovakia

(acceptance by the former Czechoslovakia)

United Kingdom of Great Britain and Northern Ireland

(also in respect of Bermuda, Gibraltar, Guernsey, Hong Kong, the Isle of Man and Jersey)

Cyprus

Australia

(Cyprus accepted the accession of Australia on 26 November 1992)

China

In respect of the Special Administrative Region of Hong Kong only. The accession of Cyprus had been accepted on 26 March 1997 by the United Kingdom also in respect of Hong Kong, to which the Convention had been extended in 1977.

Czech Republic

(acceptance by the former Czechoslovakia)

(acceptance by the former Czechoslovakia)

United Kingdom of Great Britain and Northern Ireland

(also for the Bailiwick of Jersey, the Bailiwick of Guernsey, Hong Kong, the Isle of Man, Bermuda and Gibraltar)

Estonia

Netherlands

(for the Kingdom in Europe and Aruba)

United Kingdom of Great Britain and Northern Ireland

United Kingdom (also on behalf of the Bailiwick of Jersey, the Bailiwick of Guernsey, the Isle of Man, Bermuda, and Gibraltar)

Poland

Netherlands

(for the Kingdom in Europe and Aruba)

United Kingdom of Great Britain and Northern Ireland

United Kingdom (also on behalf of the Bailiwick of Jersey, the Bailiwick of Guernsey, the Isle of Man, Bermuda, and Gibraltar)

Republic of Moldova

United Kingdom of Great Britain and Northern Ireland

United Kingdom (also on behalf of the Bailiwick of Jersey, the Bailiwick of Guernsey, the Isle of Man, Bermuda, and Gibraltar)