Act
for the Implementation of
the New York Convention of 20 June 1956
Act of 27 September 1961 regarding the implementation of the Convention
on the Recovery Abroad of Maintenance, concluded at New York on 20 Juni
1956
Article 1 Definition 'Convention'
In this Act "Convention" means the Convention on the Recovery
Abroad of Maintenance, concluded on June 20, 1956 at New York.
Article 2 Definition 'Transmitting Agency'
As Transmitting Agency, referred to in Article 2, first paragraph, of
the Convention, shall operate the National Bureau Collection of Maintenance
(‘Landelijk Bureau Inning Onderhoudsbijdragen’).
Article 3 Definition 'Receiving Agency'
As Receiving Agency, referred to in Article 2, second paragraph, of the
Convention, shall operate the National Bureau Collection of Maintenance
(‘Landelijk Bureau Inning Onderhoudsbijdragen’).
Article 4 [repealed on 01.01.1997]
Article 5 Provision of information free of charge
The local authorities (municipalities) and Registrars of Civil Status
provide the National Bureau Collection of Maintenance free of charge all
information and provide it free of charge all copies and extracts from
their records that the Bureau requires of them in the implementation and
execution of the tasks assigned to it by or pursuant to the present Act.
Article 6 Act in the name of the applicant without an explicit authorization
The Receiving Agency is entitled, even without an explicit authorization
as meant in Article 3, third paragraph of the Convention, to act and operate
on behalf and in the name of the applicant.
Article 7 Exequatur procedure
If for a decision on maintenance, given in a State that is a Party to
the Convention, an exequatur is requested in the Netherlands on the basis
of another International Convention or Treaty, this exequatur may be requested
by the Receiving Agency.
Article 8 Formal regulations
- 1. When the Receiving Agency goes to court
in the implementation of the tasks assigned to it by or pursuant to the
present Act, it does not need the assistance of a solicitor, unless legal
proceedings are initiated by means of a writ of summons (subpoena).
- 2. Without prejudice to Article 79, second
paragraph of the Code of Civil Procedure, the applicant shall be deemed
to have elected domicile at the office of the Receiving Agency. All documents
intended for him concerning his claim on maintenance, may be served there.
Article 9 Rogatory commissions
- 1. Rogatory commissions in legal proceedings
concerning maintenance may be assigned to Dutch courts by an authority
of a State for which the Convention is effective. Articles 6, 7, 8, 9,
10, 11, last paragraph, 12, 13 and 14, with the exception of what is specified
under a and b of Article 14, of the Act of December 24, 1958 (Stb. 677)
on the implementation of the Hague Convention on Civil Procedure, concluded
on 1 March 1954, apply accordingly to such rogatory commissions.
- 2. Rogatory commissions in legal proceedings
concerning maintenance may be assigned by Dutch courts to an authority
of a State to which the Convention applies, if the law of that State permits
the implementation of the rogatory commission. Articles 15, second paragraph,
17 and 18 of the Act meant in paragraph 1 apply accordingly to such rogatory
commissions.
Article 10 Request of an applicant to litigate in the Netherlands free
of charge
- 1. If a creditor, who resides outside the
Netherlands, wants to litigate in respect of maintenance in the Netherlands
free of charge, he must lodge a request to this end and submit, in addition
to his request, a statement containing the fullest possible information
about his office (post), profession or business and his family and about
the state of income and assets of him and his family.
- 2. This statement must be issued by the authorities
of the habitual residence of the creditor or, in the absence thereof,
by the authorities of his actual residence. It will be authenticated free
of charge by a diplomatic or consular officer of the Netherlands.
- 3. The Receiving Agency may, whether or not
upon request of the court, ask the Transmitting Agency, that has sent
the documents to the Receiving Agency, to submit additional information
about the income and assets of the creditor.
Article 11 Delegation by Order in Council
Specific provisions may be set by Order in Council with
regard to the way in which the National Bureau for the Collection of Maintenance
shall implement and execute the tasks that are assigned to it under the
present Act.
Article 12 Entry into force
This Act shall enter into force on a date to be determined by the Government
of the Netherlands.
Order in Council of 28 February 1962 as referred to in Articles 2, 3 and 11 of the Act of September 27, 1961 (Stb. 1961, 303) for the implementation of the Convention on the Recovery Abroad of Maintenance, concluded at New York on June 20, 1956
Article 1
For the purpose of this Order in Council:
- "Convention" means the Convention on the Recovery Abroad of
Maintenance (Trb. 1957, 121), concluded on June 20, 1956 at New York.
- "Implementing Act" means the Act of September 27 (, Stb. 1961,
303), implementing the Convention.
Article 2
As Transmitting Agency, referred to in Article 2, first paragraph, of
the Convention, shall operate the National Bureau Collection of Maintenance
(‘Landelijk Bureau Inning Onderhoudsbijdragen’).
Article 3
As Receiving Agency, referred to in Article 2, second paragraph, of the
Convention, shall operate the National Bureau Collection of Maintenance
(‘Landelijk Bureau Inning Onderhoudsbijdragen’).
Article 4
The Transmitting Agency makes, in accordance with Article 4, third paragraph,
of the Convention, a recommendation for free legal assistance and for
an exemption from costs if the applicant in the Netherlands, according
to the national (internal) criteria issued for this purpose, could have
litigated his case free of charge.
Article 5
- 1. The Transmitting Agency shall keep an
accurate account of the requests it has sent to the Receiving Agencies
of other States which are a Party to the Convention.
- 2. The Transmitting Agency informs the creditor
in the Netherlands as soon as possible of the results of the actions performed
by Receiving Agencies abroad, as far as this information has been presented
to the Transmitting Agency itself.
- 3. The Transmitting Agency distributes the
payments it has received on behalf of the creditor as soon as possible
to the proprietor thereof.
Article 6
Before the Receiving Agency will take legal measures for the recovery
of maintenance, it contacts the debtor to seek an amicable settlement,
unless a postponement of measures cannot be tolerated to the opinion of
the Receiving Agency.
Article 7
- 1. The Receiving Agency shall keep an accurate
account of the requests that it has received from Transmitting Agencies
of other States that are a Party to this Convention.
- 2. The Receiving Agency distributes on a
regular basis the funds it has received to the Transmitting Agencies that
have sent the concerning requests.
Article 8
- 1. The Minister of Justice may issue further
rules for the way in which the account records meant in Articles 5 and
7 must be composed.
- 2. He is allowed to inspect these records
at any time.
Article 9 [repealed on 01.01.1997]
Article 10 [repealed on 01.01.1997]
Article 11
This Order in Council shall enter into force simultaneously with the Implementing
Act.