International Private
Law regarding Procedural Matters
Immunity
- European Convention
on State Immunity (Basle, 16 May 1972) [See
for more details: Dutch Treaty Data Base]
Scope: Establishing in the mutual
relations between the Contracting States common rules relating to
the scope of the immunity of one State from the jurisdiction of
the courts of another State and ensuring compliance with judgments
given against another State.
Parties: Switzerland (and the following EU
Member States:) Austria, Belgium, Cyprus, Germany, Luxembourg,
the Netherlands, Portugal and the United Kingdom.
Jurisdiction, Recognition and
Enforcement in matters of Civil and Commercial Law
Scope: This Regulation applies in
civil and commercial matters whatever the nature of the court or tribunal.
It shall not extend, in particular, to revenue, customs or administrative
matters. It does not apply to (a) the status or legal capacity of natural
persons, rights in property arising out of a matrimonial relationship,
wills and succession, (b) bankruptcy, proceedings relating to the winding-up
of insolvent companies or other legal persons, judicial arrangements,
compositions and analogous proceedings, (c) social security and (d)
arbitration.
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.
- Act for the Implementation of the Brussels I Regulation
- 1968
Brussels Convention on jurisdiction and the enforcement of judgments
in civil and commercial matters (consolidated version) [See
for more information: EUR-LEX]
Scope: This Convention applies
in civil and commercial matters whatever the nature of the court
or tribunal. It shall not extend, in particular, to revenue, customs
or administrative matters. It does not apply (1) the status or legal
capacity of natural persons, rights in property arising out of a
matrimonial relationship, wills and succession, (2) bankruptcy,
proceedings relating to the winding-up of insolvent companies or
other legal persons, judicial arrangements, compositions and analogous
proceedings, (3) social security and (4) arbitration.
Parties The 1968 Brussels Convention is still
applicable where it concerns civl and commercial matters between
Denmark and the other EU-Member States who ara a party to this Convention.
-
Lugano Convention 2007 (Convention on Jurisdiction and the Enforcement
of Judgments in Civil and Commercial Matters (Lugano, 30 October
2007) [See
for more information: Dutch Traty Data Base]
Scope: This Convention applies
in civil and commercial matters whatever the nature of the court
or tribunal. It shall not extend, in particular, to revenue, customs
or administrative matters. This Convention does not apply to (a)
the status or legal capacity of natural persons, rights in property
arising out of a matrimonial relationship, wills and succession,
(b) bankruptcy, proceedings relating to the winding-up of insolvent
companies or other legal persons, judicial arrangements, compositions
and analogous proceedings, (c) social security and (d) arbitration.
Parties: European Union (all present Member States),
Denmark, Iceland, Norway and Switzerland.
Jurisdiction, Recognition and Enforcement in matters of Persons and
Family Law
- Brussels II Regulation
2003 (Council Regulation (EC) No 2201/2003 concerning jurisdiction
and the recognition and enforcement of judgments in matrimonial matters
and the matters of parental responsibility, repealing Regulation (EC)
No 1347/2000)
Scope: Regulation between
EU Member States on jurisdiction and the recognition and enforcement
of judgments in matrimonial matters and matters of parental responsibility.
This Regulation applies, whatever the nature of the court or tribunal,
in civil matters relating to (a) divorce, legal separation or marriage
annulment; (b) the attribution, exercise, delegation, restriction
or termination of parental responsibility, like rights of custody
and rights of access, guardianship, curatorship and similar institutions,
the designation and functions of any person or body having charge
of the child's person or property, representing or assisting the
child, the placement of the child in a foster family or in institutional
care, measures for the protection of the child relating to the administration,
conservation or disposal of the child's property. The Brussels II
Regulation 2003 doesn’t apply to (a) the establishment or
contesting of a parent-child relationship; (b) decisions on adoption,
measures preparatory to adoption, or the annulment or revocation
of adoption; (c) the name and forenames of the child; (d) emancipation;
(e) maintenance obligations; (f) trusts or succession; (g) measures
taken as a result of criminal offences committed by children..
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.
- Convention
on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation
in Respect of Parental Responsibility and Measures for the Protection
of Children (the Hague, 19 October 1996) [See
for more details: Dutch Treaty Data Base]
Scope: The Convention applies
to children from the moment of their birth until they reach the
age of 18 years with regard to (a) the attribution, exercise, termination
or restriction of parental responsibility, as well as its delegation;
(b) rights of custody, including rights relating to the care of
the person of the child and, in particular, the right to determine
the child's place of residence, as well as rights of access including
the right to take a child for a limited period of time to a place
other than the child's habitual residence; (c) guardianship, curatorship
and analogous institutions; (d) the designation and functions of
any person or body having charge of the child's person or property,
representing or assisting the child; (e) the placement of the child
in a foster family or in institutional care, or the provision of
care by kafala or an analogous institution; (f) the supervision
by a public authority of the care of a child by any person having
charge of the child; (g) he administration, conservation or disposal
of the child's property.
Parties: Albania, Armenia, Australia, Dominican Republic, Ecuador,
Morocco, Monaco, Switzerland, Ukraine and Uruguay (and the following
EU Member States:) Bulgaria, Cyprus, Czech Republic, Estonia, Hungary,
Latvia, Lithuania, Luxembourg, Poland, Slovakia and Slovenia (not ratified
yet by: Austria, Belgium, Denmark, Finland, France, Germany,
Greece, Ireland, Italy, the Netherlands, Portugal, Romania,
Spain, Sweden and the United Kingdom). As concerns the relation
of the Brussels II Regulation 2003 with the Hague Convention of
19 October 1996 on Jurisdiction, Applicable law, Recognition, Enforcement
and Cooperation in Respect of Parental Responsibility and Measures
for the Protection of Children, the Brussels II Regulation 2003
shall apply (a) where the child concerned has his or her habitual
residence on the territory of a Member State and (b) as concerns
the recognition and enforcement of a judgment given in a court of
a Member State on the territory of another Member State, even if
the child concerned has his or her habitual residence on the territory
of a third State which is a contracting Party to the Hague Convention
of 19 October 1996 (Article 61 Brussels II Regulation 2003).
- Act for the Implementation of the International Protection of
Children
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).
Scope: The international protection
of children from the harmful effects of their wrongful removal or
retention and to establish procedures to ensure their prompt return
to the State of their habitual residence, as well as to secure protection
for rights of access. The Convention ceases to apply when the child
attains the age of 16 years.
Parties: Albania, Argentina, Armenia, Australia,
Bahama's, Belarus, Belize, Bosnia and Herzegovina, Brazil, Burkina
Faso, Canada, Chile, China, Colombia, Costa Rica, Croatia, Dominican
Republic, Ecuador, El Salvador, Fiji Islands, Georgia, Guatemala,
Honduras, Iceland, Israel, Macedonia, Mauritius, Mexico, Moldova,
Monaco, Montenegro, Nicaragua, New Zealand, Norway, Panama, Paraguay,
Peru, Saint Kitts and Nevis, San Marino, Serbia, Seychelles, South
Africa, Sri Lanka, Switzerland, Thailand, Trinidad and Tobago, Turkey,
Turkmenistan, Ukraine, United States of America, Uruguay, Uzbekistan,
Venezuela and Zimbabwe (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, Slovenia, Spain, Sweden and the United Kingdom. In relations
between EU Member States the Brussels II Regulation 2003 takes precedence
over the Hague Convention of 25 October 1980 on the Civil Aspects
of International Child Abduction, insofar it concerns matters governed
by the Brussels II Regulation 2003 (Article 60 Brussels II Reguation
2003).
- Act for the Implementation of Child Abduction Conventions
Scope: The judicial or administrative
authorities of the State of the habitual residence of an infant have
power, subject to the provisions of Articles 3 and 4, and paragraph
3 of Article 5 of the present Convention, to take measures directed
to the protection of his person or property. The authorities having
power by virtue of the terms of Article 1 shall take the measures
provided by their domestic law. That law shall determine the conditions
for the initiation, modification and termination of the said measures.
It shall also govern their effects both in respect of relations between
the infant and the persons or institutions responsible for his care,
and in respect of third persons.
Parties: China, Switzerland and Turkey (and the following
EU Member States:) Austria, France, Germany, Italy, Latvia, Lithuania,
Luxembourg, the Netherlands, Poland, Portugal and Spain.
- Convention
on Celebration and Recognition of the Validity of Marriages (the
Hague, 14 March 1978) [See
for more details: Dutch Treaty Data Base]
Scope: Facilitate the celebration
of marriages and the recognition of the validity of marriages
Parties: Australia (and the following EU Member
States:) Luxembourg and the Netherlands (and signed but not
yet ratified by: Egypt, Finland and Portugal).
- Convention on the
Recognition of Decisions Relating to the Validity of Marriages (Luxembourg,
8 September 1967) [See
for more details: Dutch Treaty Data Base]
Scope: Facilitation of the recognition,
within the territory of all the Contracting States, of decisions
concerning the matrimonial bond given in any of those States.
Parties: Turkey (and the following EU Member
States:) Austria and the Netherlands. Signed but not yet ratified
by Belgium, France, Germany and Greece (all being EU Member
States). In relations between EU Member States mutually the
Brussels II Regulation 2003 takes precedence over the Luxembourg
Convention of 8 September 1967 on the Recognition of Decisions Relating
to the Validity of Marriages, insofar it concerns matters governed
by the Brussels II Regulation 2003 (Article 60 Brussels II Regulation
2003).
- Convention
of on the Recognition of Divorces and Legal Separations (the Hague,
1 June 1970) [See
for more details: Dutch Treaty Data Base]
Scope: The recognition in one
Contracting State of divorces and legal separations obtained in
another Contracting State which follow judicial or other proceedings
officially recognized in that State and which are legally effective
there. It does not apply to findings of fault or to ancillary orders
pronounced on the making of a decree of divorce or legal separation;
in particular; it does not apply to orders relating to pecuniary
obligations or to the custody of children.
Parties: Australia, China, Egypt, Norway, Switzerland
(and the following EU Member States:) Cyprus, Czech Republic,
Denmark, Estonia, Finland, Italy, Luxembourg, the Netherlands, Poland,
Portugal, Slovakia, Sweden and the United Kingdom. In relations
between EU Member States mutually the Brussels II Regulation 2003
takes precedence over the Hague Convention of 1 June 1970 on the
Recognition of Divorces and Legal Separations, insofar it concerns
matters governed by the Brussels II Regulation 2003 (Article 60
Brussels II Reguation 2003).
- Convention
on the Recognition and Enforcement of Decisions Relating to Maintenance
Obligations (the Hague, 2 October 1973) [See
for more details: Dutch Treaty Data Base]
Scope: This Convention applies
to a decision rendered by a judicial or administrative authority
in a Contracting State in respect of a maintenance obligation arising
from a family relationship, parentage, marriage or affinity, including
a maintenance obligation towards an infant who is not legitimate,
between (1) a maintenance creditor and a maintenance debtor; or
(2) a maintenance debtor and a public body which claims reimbursement
of benefits given to a maintenance creditor. It also applies to
a settlement made by or before such an authority ('transaction')
in respect of the said obligations and between the same parties
( a 'settlement').
Parties: Australia, Norway, Switzerland, Turkey,
Ukraine (and the following EU Member States:) Belgium,
Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece,
Italy, Lithuania, Luxembourg, the Netherlands, Poland, Portugal,
Slovakia, Spain, Sweden and the United Kingdom.
- Convention on
the Recovery abroad of Maintenance (New York, 20 June 1956)
[See
for more details: Dutch Treaty Data Base]
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.
Scope: This Convention applies
to the protection in international situations of adults who, by reason
of an impairment or insufficiency of their personal faculties, are
not in a position to protect their interests. Its objects are (a)
to determine the State whose authorities have jurisdiction to take
measures directed to the protection of the person or property of the
adult; (b) to determine which law is to be applied by such authorities
in exercising their jurisdiction; (c) to determine the law applicable
to representation of the adult; (d) to provide for the recognition
and enforcement of such measures of protection in all Contracting
States; (e) to establish such co-operation between the authorities
of the Contracting States as may be necessary in order to achieve
the purposes of this Convention.
Parties: Cyprus, Czech Republic, Finland, France,
Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Poland,
Switzerland and the United Kingdom (all being EU Member States).
Tort (Unlawful Acts)
- EC Regulation (No 864/2007)
of 11 July 2007 on the law applicable to non-contractual obligations
("Rome II")
Scope: This Regulation applies
in situations involving a conflict of laws to non-contractual obligations
in civil and commercial matters. It shall not apply, in particular,
to revenue, customs or administrative matters or to the liability
of the State for acts and omissions in the exercise of State authority
(acta iure imperii).
Parties: All EU Member States are a party to this
Regulation, with the exception of Denmark (therefore this Regulation
is applicable with regard to 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.
- Convention
on the Law Applicable to Traffic Accidents (the Hague, 4 May 1971)
[See
for more details: Dutch Treaty Data Base]
Scope: Establishing common provisions
on the law applicable to civil non-contractual liability arising
from traffic accidents, entailing rules for the liability of manufacturers,
sellers or repairers of vehicles, for the responsibility of the
owner of a way open to traffic and for the safety of its users and
for vicarious liability, with the exception of the liability of
an owner of a vehicle, or of a principal, or of a master. Furthermore
this Convention entails rules for recourse actions among persons
liable, for subrogation in so far as insurance companies are concerned
and for actions and recourse actions by or against social insurance
institutions and other similar institutions..
Parties: Belarus, Bosnia and Herzegovina, Croatia,
Macedonia, Montenegro, Serbia and Switzerland (and the following
EU Member States:) Austria, Belgium, Czech Republic, France,
Latvia, Lithuania, Luxembourg, the Netherlands, Poland, Portugal,
Slovakia, Slovenia and Spain.
Scope: This Convention determines
the law applicable to the liability for damage caused by a product,
including damage in consequence of a misdescription of the product
or of a failure to give adequate notice of its qualities, its characteristics
or its method of use. It applies to the liability of the following
persons (1) manufacturers of a finished product or of a component
part; (2) producers of a natural product; (3) suppliers of a product;
(4) other persons, including repairers and warehousemen, in the commercial
chain of preparation or distribution of a product. Where the property
in, or the right to use, the product was transferred to the person
suffering damage by the person claimed to be liable, the Convention
shall not apply to their liability inter se.
Parties: Croatia, Macedonia, Montenegro, Norway and
Serbia (and the following EU Member States:) Belgium, Finland,
France, Italy, Luxembourg, the Netherlands, Portugal, Slovenia and
Spain.
Legal Persons
Trusts and Property Law
- Convention
on the Law Applicable to Trusts and on their Recognition (the Hague,
1 July 1985) [See
for more details: Dutch Treaty Data Base]
Scope: Acknowledgement that the
trust, as developed in courts of equity in common law jurisdictions
and adopted with some modifications in other jurisdictions, is a
unique legal institution. Establishment of common provisions on
the law applicable to trusts and to deal with the most important
issues concerning the recognition of trusts. For the purposes of
this Convention, the term "trust" refers to the legal
relationships created - inter vivos or on death - by a
person, the settlor, when assets have been placed under the control
of a trustee for the benefit of a beneficiary or for a specified
purpose.
Parties: Australia, Canada, China, Cyprus, France,
Italy, Liechtenstein, Luxembourg, Malta, Monaco, the Netherlands,
San Marino, Switzerland, the United Kingdom and the United States
of America.
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