Internationaal personen- en familierecht

 



Namen



Huwelijk en geregistreerd partnerschap

 

 



Huwelijksvermogensrecht

Scope: Establishing common provisions concerning the effects of marriage on the rights and duties of spouses in their personal relationship and with regard to their marital property.
Parties Italy, Portugal and Romania (all being EU Member States). The following Contracting Parties have denounced the Convention: Germany, France, the Netherlands, Poland and Sweden.

 

 



Ontbinding huwelijk (echtscheiding)

Scope: As far as it concerns Chapter II-A: Harmonisation of conflict-of-law rules in matters of divorce and legal separation, based in the first place on the choice of the spouses. The choice is confined to laws with which the spouses have a close connection by virtue of their last common habitual residence if one of them still resides there, the nationality of one of the spouses, the law of the State of their previous habitual residence or the law of the forum.
Parties: All EU Member States, with the exception of Denmark, are a party to the Brussels II Regulation 2003, therefore Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom.

 

 



Maintenance Obligations (Alimony)

Scope: The prupose of this Convention is to facilitate the recovery of maintenance to which a person, who is in the territory of one of the Contracting Parties, claims to be entitled from another person, who is subject to the jurisdiciton of another Contracting Paty. This purpose shall be effected through the offices of transmitting and receiving agencies.
Parties: Algeria, Argentina, Australia, , Barbados, Belarus, , Bolivia, Bosnia and Herzegovina, Brazil, Burkina Faso, Cambodia, Cape Verde, Central African Republic, Chile, China, Colombia, Croatia, Cuba, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Holy See, Israel, Macedonia, Mexico, Monaco, Morocco, New Zealand, Niger, Norway, Pakistan, Philippines, Sri Lanka, Suriname, Switzerland, Tunisia, Turkey, Uruguay (and the following EU Member States:) Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Luxembourg, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom. Notice that a lot of these countries are also a member state of The Hague Conventions of 1958 and 1973 concerning the recognition and enforcement of decisions relating to maintenance obligations and The Hague Conventions of 1956 and 1973 on the law applicable to maintenance obligations (this is, however, not the case with, Algeria, Barbados, Burkina Faso, Cape Verde, Central African Republic, China, Colombia, Guatemala, Haiti and Kazakhstan). While the New York Convention of 20 June 1956 on the recovery abroad of maintenance (United Nations) establishes arrangements on administrative co-operation between the competent authorities, the Hague Conventions give rules with regard to jurisdicition, the applicable law and the recognition and enforcement of judgments.

Scope: This Agreement applies to maintenance obligations arising from a family relationship or parentage, including a maintenance obligation towards a child born out of wedlock. However, a maintenance obligation towards a spouse or former spouse where there are no minor children will be enforced in the United States under this Agreement only in those states and other jurisdictions of the United States that elect to do so. This Agreement applies to the collection of payment arrears on a valid maintenance obligation and any applicable interest on arrears and to the modification or other official change in amounts due under an existing maintenance decision. The remedies provided for in this Agreement are not exclusive and do not affect the availability of any other remedies for the enforcement of a valid maintenance obligation.
Parties (bilateral): United States of America and the Netherlands.


 



Consanguinity (Descendancy)

 

 



Adoption

 

 



Protection of Minors and Adults

Scope: The Convention regulates different situations relating to the right of custody in specific situation of improper removal of a child. 'Improper removal' means the removal of a child across an international frontier in breach of a decision relating to his custody which has been given in a Contracting State and which is enforceable in such a State; improper removal also includes (1º) the failure to return a child across an international frontier at the end of a period of the exercise of the right of access to this child or at the end of any other temporary stay in a territory other than that where the custody is exercised and (2 º) a removal which is subsequently declared unlawful within the meaning of Article 12 of the Convention.
Parties: Andorra, Iceland, Liechtenstein, Macedonia, Moldova, Montenegro, Norway, Serbia, Switzerland, Turkey and Ukraine (and the following EU Member States:) Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, The Netherlands, Poland, Portugal, Romania, Slovakia, Spain, Sweden and the United Kingdom. In relations between EU Member States the Brussels II Regulation 2003 takes precedence over the European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children of 20 May 1980, insofar it concerns matters governed by the Brussels II Regulation 2003 (Article 60 Brussels II Regulation 2003).

 

 



     Law of Succession