Статус Протокола о праве, применимом к алиментным обязательствам (Гаага, 23 ноября 2007 года) [рус., англ.]

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PROTOCOL OF 23 NOVEMBER 2007 ON THE LAW APPLICABLE TO MAINTENANCE OBLIGATIONS

Last update: 25.10.2024

Entry into force: 01.08.2013

Number of Contracting Parties, incl. REIOs and States bound as a result of approval by an REIO: 35

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, incl. an REIO, following the deposit of its instrument of ratification, accession, acceptance or approval (see column EIF in the chart).

Contracting Parties (incl. REIOs and States bound by its approval) to this Convention [Protocol] that are also Members of the HCCH (i.e., the Organisation) are in bold; Contracting Parties that are not Members of the HCCH are in italics.

<*> (incl. REIOs and States bound by its approval)

<1> S = Signature

<2> R/A/Su = Ratification, Accession, Approval by an REIO 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

ApEU: Approval by the European Union

ApEU*: Bound as a result of the approval 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

Austria Type Bound as a result of the approval by the European Union*

Austria is bound by the Protocol as a result of the approval by the European Union.

Belgium Type Bound as a result of the approval by the European Union*

Belgium is bound by the Protocol as a result of the approval by the European Union.

Bulgaria Type Bound as a result of the approval by the European Union*

Bulgaria is bound by the Protocol as a result of the approval by the European Union.

Croatia Type Bound as a result of the approval by the European Union*

Croatia is bound by the Protocol as a result of the approval by the European Union.

Cyprus Type Bound as a result of the approval by the European Union*

Cyprus is bound by the Protocol as a result of the approval by the European Union.

Czech Republic Type Bound as a result of the approval by the European Union*

The Czech Republic is bound by the Protocol as a result of the approval by the European Union.

Estonia Type Bound as a result of the approval by the European Union*

Estonia is bound by the Protocol as a result of the approval by the European Union.

European Union Type Approval the European Union

In accordance with its Article 24, first paragraph (see below), the Protocol was approved by the European Union on 8 April 2010.

«A Regional Economic Integration Organisation which is constituted solely by sovereign States and has competence over some or all of the matters governed by the Protocol may equally sign, accept, approve or accede to the Protocol. The Regional Economic Integration Organisation shall in that case have the rights and obligations of a Contracting State, to the extent that the Organisation has competence over matters governed by the Protocol.»

Finland Type Bound as a result of the approval by the European Union*

Finland is bound by the Protocol as a result of the approval by the European Union.

France Type Bound as a result of the approval by the European Union*

France is bound by the Protocol as a result of the approval by the European Union.

Germany Type Bound as a result of the approval by the European Union*

Germany is bound by the Protocol as a result of the approval by the European Union.

Greece Type Bound as a result of of the approval by the European Union*

Greece is bound by the Protocol as a result of the approval by the European Union.

Hungary Type Bound as a result of the approval by the European Union*

Hungary is bound by the Protocol as a result of the approval by the European Union.

Ireland Type Bound as a result of the approval by the European Union*

Ireland is bound by the Protocol as a result of the approval by the European Union.

Italy Type Bound as a result of the approval by the European Union*

Italy is bound by the Protocol as a result of the approval by the European Union.

Latvia Type Bound as a result of the approval by the European Union*

Latvia is bound by the Protocol as a result of the approval by the European Union.

Lithuania Type Bound as a result of the approval by the European Union*

Lithuania is bound by the Protocol as a result of the approval by the European Union.

Luxembourg Type Bound as a result of the approval by the European Union*

Luxembourg is bound by the Protocol as a result of the approval by the European Union.

Malta Type Bound as a result of the approval by the European Union*

Malta is bound by the Protocol as a result of the approval by the European Union.

Netherlands Type Bound as a result of the approval by the European Union*

The Netherlands is bound by the Protocol as a result of the approval by the European Union.

Poland Type Bound as a result of the approval by the European Union*

Poland is bound by the Protocol as a result of the approval by the European Union.

Portugal Type Bound as a result of the approval by the European Union*

Portugal is bound by the Protocol as a result of the approval by the European Union.

Romania Type Bound as a result of the approval by the European Union*

Romania is bound by the Protocol as a result of the approval by the European Union.

Slovakia Type Bound as a result of the approval by the European Union*

Slovakia is bound by the Protocol as a result of the approval by the European Union.

Slovenia Type Bound as a result of the approval by the European Union*

Slovenia is bound by the Protocol as a result of the approval by the European Union.

Spain Type Bound as a result of the approval by the European Union*

Spain is bound by the Protocol as a result of the approval by the European Union.

Sweden Type Bound as a result of the approval by the European Union*

Sweden is bound by the Protocol as a result of the approval by the European Union.

Res/D/N

European Union Articles Declarations Notifications

The European Community declares, in accordance with Article 24 of the Protocol, that it exercises competence over all the matters governed by the Protocol. Its Member States shall be bound by the Protocol by virtue of its conclusion by the European Community.

For the purpose of this declaration, the term «European Community» does not include Denmark, by virtue of Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and to the Treaty establishing the European Community, and the United Kingdom, by virtue of Articles 1 and 2 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community.

The European Community declares that it will apply the rules of the Protocol provisionally from 18 June 2011, the date of application of Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations <1>, if the Protocol has not entered into force on that date in accordance with Article 25(1) thereof.

The European Community declares that it will apply the rules of the Protocol also to maintenance claimed in one of its Member States relating to a period prior to the entry into force or the provisional application of the Protocol in the Community in situations where, under Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations <2>, proceedings are instituted, court settlements are approved or concluded and authentic instruments are established as from 18 June 2011, the date of application of the said Regulation.

<1> OJ L 7, 10.1.2009, p. 1.

<2> OJ L 7, 10.1.2009, p. 1.

Notification under Article 9:

- Ireland, through the European Commission, has informed the Permanent Bureau in accordance with Article 9 that for the purpose of cases which come before its authorities, the word «nationality» in Articles 4 and 6 is replaced by «domicile» as defined in that State.

Georgia Articles Declarations

Declarations:

14-05-2024

Georgia declares that the application of the Protocol of 23 November 2007 on the Law Applicable to Maintenance Obligations in relation to Georgia's regions of Abkhazia and the Tskhinvali region / South Ossetia — occupied by the Russian Federation as a result of its illegal military aggression — shall commence once Georgia's de facto jurisdiction over the occupied territories is fully restored.