Verdrag inzake het verhaal in het buitenland van uitkeringen tot onderhoud:Partijen en gegevens

Verdrag inzake het verhaal in het buitenland van uitkeringen tot onderhoud

Partijen en gegevens

Geldend

Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.

Bronnen

Trb. 1957, 121

Trb. 1962, 106

Trb. 1969, 2

Trb. 1970, 31

Trb. 1980, 28

Trb. 1996, 54

Trb. 2014, 88

Partijen

Partij

Datum inwerkingtreding

Voorbehoud

Algerije

10-10-1969

Argentinië

29-12-1972

Australië

14-03-1985

Barbados

18-07-1970

Belarus

14-12-1996

België

31-07-1966

Bosnië en Herzegovina

06-03-1992

Brazilië

14-12-1960

Burkina Faso

26-09-1962

Centraal-Afrikaanse Republiek

14-11-1962

Chili

08-02-1961

Colombia

10-12-1999

Cyprus

07-06-1986

Denemarken

22-07-1959

Duitsland

19-08-1959

5, 

27, 

Ecuador

04-07-1974

Estland

07-02-1997

Filipijnen

20-04-1968

9, 

Finland

13-10-1962

Frankrijk

24-07-1960

Griekenland

01-12-1965

Guatemala

25-05-1957

Haïti

14-03-1958

Heilige Stoel

04-11-1964

Hongarije

22-08-1957

Ierland

25-11-1995

38, 

Israël

25-05-1957

Italië

27-08-1958

Joegoslavië

28-06-1959

Kaapverdië

13-10-1985

Kazachstan

27-04-2000

Kirgistan

26-06-2004

Kroatië

08-10-1991

Liberia

16-10-2005

Luxemburg

01-12-1971

Marokko

25-05-1957

Mexico

22-08-1992

Moldavië

23-08-2006

42, 

Monaco

28-07-1961

Montenegro

03-06-2006

45, 

het Koninkrijk der Nederlanden (het Europese deel van Nederland)

25-05-1957

1, 

7, 

16, 

Nieuw-Zeeland

28-03-1986

26, 

Niger

17-03-1965

Noord-Macedonië

17-11-1991

Noorwegen

24-11-1957

Oekraïne

19-10-2006

Oostenrijk

15-08-1969

17, 

Pakistan

13-08-1959

Polen

12-11-1960

8, 

Portugal

24-02-1965

Roemenië

10-05-1991

Servië

27-04-1992

40, 

Seychellen

01-12-2004

Slovenië

25-06-1991

Slowakije

01-01-1993

Spanje

05-11-1966

Sri Lanka

06-09-1958

Suriname

11-11-1979

Tsjechië

01-01-1993

Tsjechoslowakije

02-11-1958

21, 

Tunesië

15-11-1968

12, 

Turkije

02-07-1971

Uruguay

18-10-1995

Verenigd Koninkrijk

12-04-1975

21, 

Zweden

31-10-1958

Zwitserland

04-11-1977

Voorbehouden, verklaringen en bezwaren

1

Inwerkingtreding voor Aruba vanaf 01-01-1986 en voor het Caribische deel van Nederland, Curaçao en Sint Maarten vanaf 10-10-2010

2

Bekrachtiging door Israël onder de volgende voorbehouden:

Article 5: The Transmitting Agency shall transmit under paragraph 1 any order, final or provisional, and other judicial act, obtained by the claimant for the payment of maintenance in a competent tribunal of Israel, and, where necessary and possible, the record of the proceedings in which such order was made.

Article 10: Israel reserves the right:

a)

to take the necessary measures to prevent transfers of funds under this Article for purposes other than the bona fide payment of existing maintenance obligations;

b)

to limit the amounts transferable pursuant to this Article, to amounts necessary for subsistence.

Voorts legde Israël de volgende verklaring af ter uitvoering van artikel 3, lid 2:

Statement of Israel under Article 3 (2).

1.

Actions for maintenance are for purposes of jurisdiction, procedure and evidence, classified as civil actions.

2.

Under Section 6 of the Evidence Ordinance, Cap. 54 of the Laws of Palestine, ‘no judgement shall be given in any civil case on the evidence of a single witness, unless such evidence is uncontradicted or is corroborated by some other material evidence which, in the opinion of the court, is sufficient to establish its truth.’

3.

It has been held that a total or partial denial of liability, duly pleaded in the statement of defence to the action, is a sufficient contradiction for the purposes of Section 6 of the Evidence Ordinance.

4.

The evidence of the plaintiff is admissible in all civil actions to establish his or her claim; so is the evidence of any other person, whatever his or her relationship to the plaintiff (Section 3 of the Evidence Ordinance).

5.

Generally speaking, the rules of the common law of England relating to evidence, prevail in Israel. Thus, while hearsay evidence is generally inadmissible, maintenance claims may be proved by the defendant's admissions made against his interest whether orally or in writing, and whether before or during pendency of the suit.

6.

The judgement of a foreign court is not admissible as evidence of the facts stated therein, nor is the judgement of an Israeli court rendered in proceedings between different parties. Where judgement was given by a competent court in proceedings between the same parties, they are estopped from attacking findings of facts therein, insofar as those facts were in issue and subject to any change which occurred after the date of the judgement. In maintenance cases, great latitude is shown by the courts in admitting evidence as to facts which might have been in issue in previous proceedings between the parties, especially with regard to the financial ability of the defendant, or the needs of the plaintiff.

7.

The corroboration required by Section 6 of the Evidence Ordinance as aforesaid must be independent evidence. Thus, the evidence of the plaintiff is not corroborated by statements proved to have been made by him or her out of court, and even prior to the pendency of the suit.

8.

Bloodtests have been held insufficient evidence to establish paternity, but the negative result of bloodtests may be admitted as evidence to exclude paternity.

9.

The admission by a man that he is the father of a child born out of wedlock, whether made in court or out of court or whether made expressly or by necessary implication, is regarded as the best evidence against him in the child's action for maintenance. Such an admission once made is not allowed to be retracted, except where fraud is established to the satisfaction of the court. Payments of maintenance made to or for a child born out of wedlock have been held to be a sufficient admission for this purpose. ’

3

Bij de toetreding heeft Marokko de volgende verklaring afgelegd:

(Translation) ‘In this connexion, I also have the honour to state that the present legislation of Morocco includes two enactments relating to maintenance obligations.

1.

Article 24 of the Code of Civil Procedure, which provides that, in the matter of the maintenance for which children are liable towards their parents and of the maintenance for which sons-in-law and daughters-in-law are liable towards their fathers-in-law and mothers-in-law, the court competent to entertain the proceedings is the court of the place of domicile of the plaintiff.

This constitutes an exception, in favour of the person claiming maintenance, to the general rule of procedure: actor sequitur forum rei.

2.

The Dahir of 21 safar 1349 (10 July 1930) relates to the contribution of the spouses to household expenses and provides a simple and expeditious procedure.

Under this Dahir the beneficiary spouse may apply to the juge de paix for an order authorizing the attachment and payment, in proportion to the applicant's needs, of part of the wages, proceeds of employment or income of the other spouse.

The benefit of this procedure extends to aliens, subject only to the proviso that their personal status must be such as to enable them to institute such proceedings.

If an alien wishes to institute in Morocco proceedings claiming maintenance from any of these classes of respondents domiciled in Morocco, he must produce:

(a)

proof of his right to claim maintenance (in the form of the relevant documents and certificates, such as a certificate attesting parental relationship, or marriage certificate);

(b)

a certificate relating to the relevant customary law, in the form of a certified true copy of an extract from the relevant law governing personal status.’

4

Ratificatie door Zweden onder de volgende verklaringen:

Article 1: Sweden reserves the right to reject, where the circumstances of the case under consideration appear to make this necessary, any application for legal support aimed at the recovery of maintenance made by a person who entered Sweden as a political refugee.

Article 9: Where the proceedings are pending in Sweden, the exemptions in the payment of costs and the facilities provided in article 9, paragraphs 1 and 2, shall be granted only to nationals of or stateless persons resident in another State Party to this Convention or to any person who would in any case enjoy such advantages under an agreement concluded with the State of which he is a national.

Zweden heeft op 11-11-1988 de volgende verklaring afgelegd:

Sweden withdraws the reservations made in respect of Article 9, paragraph 2 in the Convention done at New York on 20 June 1956 on the recovering abroad of maintenance, and makes the following limited reservations in respect of paragraph 1 of the same Article:

Where the proceedings are pending in Sweden, the exemptions in the payment of costs and the facilities provided in paragraph 1 shall be granted only to persons resident in a State Party to the Convention or to any person who would otherwise enjoy such advantages under an agreement concluded with the State of which he is a national.

De intrekking heeft effect gekregen op 11-11-1988.

5

Bekrachtiging door de Bondsrepubliek Duitsland met inbegrip van het ‘Land’ Berlijn.

6

Bij de bekrachtiging werd overeenkomstig artikel 12 verklaard, dat het Verdrag van toepassing is op de gebieden van de Franse Republiek, te weten de in het moederland gelegen departementen, de departementen van Algerië, de departementen van de Oasen en van Saoura, de departementen Guadeloupe, Frans-Guyana, Martinique en Réunion en de overzeese gebieden (St. Pierre en Miquelon, Frans-Somaliland, de Comoren, Nieuw-Caledonië en onderhorigheden en Frans-Polynesië), en voorts dat de toepassing bij een latere kennisgeving kan worden uitgebreid tot de andere Staten der Franse Gemeenschap of tot een of meer dier Staten.

Buitenwerkingtreding voor de Comoren vanaf 06-07-1975 en voor Djibouti vanaf 27-06-1977

7

Bij de bekrachtiging door het Koninkrijk der Nederlanden werd het volgende voorbehoud gemaakt:

Le Gouvernement du Royaume se réserve, pour ce qui concerne l'article 1er de la Convention, que le recouvrement des aliments ne soit pas facilité en vertu de cet article si, lorsque le créancier et le débiteur se trouvent tous les deux aux Pays-Bas, respectivement au Surinam, aux Antilles Néerlandaises ou en Nouvelle Guinée Néerlandaise, et qu'en vertu de la Loi sur l'Assistance des Pauvres une aide ou un arrangement analogue sont accordés, aucun recouvrement n'était en général récuperé pour cette aide sur le débiteur, eu égard aux circonstances du cas en question

With regard to Article 1 of the Convention, the Government of the Kingdom of the Netherlands reserves the right not to facilitate the recovery of maintenance under this article if the claimant and the respondent are both in the territory of the Netherlands, Suriname, the Netherlands Antilles or Dutch New Guinea, and are receiving benefit or the equivalent under the Social Assistance Act, and if maintenance is normally not recovered from respondents in this situation, having regard to the circumstances of the case.

Bij gelegenheid van de aanbieding der akte heeft de Permanent Vertegenwoordiger van Nederland bij de Verenigde Naties aan de Secretaris-Generaal dier Organisatie schriftelijk verklaard, dat, indien de toepassing van het Verdrag te eniger tijd zou worden uitgebreid tot een buiten Europa gelegen deel van het Koninkrijk, in de desbetreffende kennisgeving die voorbehouden kunnen zijn vervat die voor een dergelijk Rijksdeel gemaakt dienen te worden.

De Regering van het Koninkrijk der Nederlanden heeft op 12-08-1969 ter kennis van de Secretaris-Generaal van de Verenigde Naties gebracht, dat de bepalingen van het Verdrag overeenkomstig artikel 12 van toepassing zullen zijn op de Nederlandse Antillen, daarbij verklarende dat het door de Regering van het Koninkrijk der Nederlanden bij de nederlegging der akte van bekrachtiging gemaakte voorbehoud met betrekking tot artikel 1 eveneens voor de Nederlandse Antillen geldt.

Het Koninkrijk der Nederlanden heeft op 08-07-2011 de volgende verklaring afgelegd:

With regard to Article 1 of the Convention, the Government of the Kingdom of the Netherlands reserves the right not to facilitate the recovery of maintenance under this article if the claimant and the respondent are both in the territory of the European part of the Netherlands, Aruba, Curaçao, Sint Maarten and the Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba), and are receiving benefit or the equivalent under the Social Assistance Act, and if maintenance is normally not recovered from respondents in this situation, having regard to the circumstances of the case.

8

Toetreding door Polen onder de volgende verklaring:

The person authorized to file a claim on a maintenance obligation against a respondent residing abroad, can deposit an application on this subject, accompanied by the respective explanatory documents, as provided in Article 3 paragraph 4 of the Convention, in the County Court of his residence. The County Court will transmit this application to the Ministry of Justice for further consideration. The County Courts will not impose any charges for the functions connected with the acceptance of applications and their enclosures, in accordance with the provisions of Article 4 of the Convention.

9

Ter uitvoering van artikel 3, lid 2, van het Verdrag, heeft de Filippijnse Regering de volgende verklaring gericht tot de Secretaris-Generaal der Verenigde Naties:

Basis of Claim: Proof of relationship

(a)

In case of a claim of one spouse against another for the maintenance or support of claimant spouse and/or her or his dependent children:

(1)

the fact of marriage to be evidenced by ‘a copy [of the marriage contract] attested by the officer having legal custody of the record, or his deputy, and accompanied, if the record is not kept in the Philippines, with a certificate that such officer has the custody. If the office in which the record is kept is in a foreign country, the certificate may be made by the Secretary of embassy or legation, consul general, consul, vice consul, or consular agent or by any officer in the foreign service of the Philippines stationed in the foreign country in which the record is kept, and authenticated by the seal of his office (Sec. 25 of Rule 132, Revised Rules of Court).

What attestation must state:

SEC. 26. What attestation of copy must state. — Whenever a copy of a writing is attested for the purpose of evidence, the attestation must state, in substance, that the copy is a correct copy of the original, or a specific part thereof, as the case may be. The attestation must be under the official seal of the attesting officer, if there be any, or if he be the clerk of a court having a seal, under the seal of such court.

(2)

filiation of dependent children to be evidenced by certificates of birth issued by the local civil registrar having custody of the registry of births and attested and certified in the manner described in the preceding paragraph (1);

(3)

the law of country or state of respondent providing for such maintenance or support.

How law to be proved

SEC. 20. Public and private writings. — The following writings are public:

(a)

The written acts or records of the sovereign authority, of official bodies and tribunals, and of public officers, legislative, judicial and executive, whether of the Philippines, or of a foreign country;

SEC. 25. Proof of public or official record. — An official record or an entry therein, when admissible for any purpose, may be evidenced by an official publication thereof or by a copy attested by the officer having the legal custody of the record, or by his deputy, and accompanied, if the record is not kept in the Philippines, with a certificate that such officer has the custody. If the office in which the record is kept is in a foreign country, the certificate may be made by a secretary of embassy or legation, consul general, consul, vice consul, or consular agent or by any officer in the foreign service of the Philippines stationed in the foreign country in which the record is kept, and authenticated by the seal of his office.

SEC. 26. What attestation of copy must state. — Whenever a copy of a writing is attested for the purpose of evidence, the attestation must state, in substance, that the copy is a correct copy of the original, or a specific part thereof, as the case may be. The attestation must be under the official seal of the attesting officer, if there be any, or if he be the clerk of a court having a seal, under the seal of such court.

Translation:

SEC. 34. Documentary evidence in an unofficial language. — Documents written in an unofficial language shall not be admitted as evidence, unless accompanied with a translation into English or Spanish, or the national language. To avoid interruption of proceedings, parties or their attorneys are directed to have such translation prepared before trial.

(b)

In case the claim is evidenced by some private writing or agreement signed by the parties, said writing or agreement should have been duly acknowledged and authenticated conformably with the following provisions:

SEC. 31. Proof of real estate title, and other private writings, when acknowledged.

In the case of other private writings, except last wills and testaments, acknowledged or proved and certified in the manner provided by law for the acknowledgment or proof of instruments conveying real property, the certificate of such acknowledgment or proof is prima facie evidence of the execution of the writing in the same manner as if it were a conveyance of real property.

Acknowledgment may be before any officer in the foreign service of the Philippines or before notary public:

SEC. 2. An instrument or document acknowledged and authenticated in a foreign country shall be considered authentic if the acknowledgment and authentication are made in accordance with the following requirements:

(a)

The acknowledgment shall be made before (1) an ambassador, minister, secretary of legation, chargé d'affaires, consul, vice-consul or consular agent of the Republic of the Philippines, acting within the country or place to which he is accredited, or (2) a notary public or officer duly authorized by law of the country to take acknowledgments of instruments or documents in the place where the act is done. (Act No. 2103).

Form of acknowledgment before notary public (Sec. 31, Rule 132 in relation to sec. 127, Act No. 496 as amended by Sec. 1 (5) and (6), Act No. 700, Act No. 3362, and Act No. 3439).

Acknowledgement

State of …

County of …

Before me a notary public for and in … (place) personally appeared … (name or names of persons executing instrument) known to me and to me known to be the same person (or persons) who executed the foregoing instrument, and acknowledged to me that the foregoing instrument,

consisting of ………. pages, has been signed by him (or them) in the presence of his (or their) two instrumental witnesses, and that he (or they) as well as his (or their) instrumental witnesses have signed each and every page of the instrument, and that the foregoing instrument is his (or their) free act and deed.…

(Person or persons executing document) exhibited to me his

(or their) … (identifying cards such as residence certificates, if any, social

security cards, etc.) bearing number … issued on …(date)

at … (place).

IN WITNESS WHEREOF, I have hereunto affixed my hand and notarial seal (if any) this … day of … (month), 196…, in … (place).

Notary Public My commission expires … (date) Document No. …

Page No. …

Book No. …

Series of 196…

(AUTHENTICATION OR ATTESTATION)

Contents of authentication

(b)

In case the acknowledgment is made before a notary public or an officer mentioned in subdivision (2) of the preceding paragraph, the certificate of the notary public or the officer taking the acknowledgment shall be authenticated by an ambassador, minister, secretary of legation, chargé d'affaires, consul, vice-consul or consular agent of the Republic of the Philippines acting within the country or place to which he is accredited. The officer making the authentication shall certify under his official seal that the person who took the acknowledgment was at the time duly exercising the functions of the office by virtue of which he assumed to act, and that as such he had authority under the law to take acknowledgment of instruments or documents in the place where the acknowledgment was taken, and that his signature and seal, if any, are genuine. (Act No. 2103, section 2, sub-par. (b).

If the private writing or agreement is not executed in the manner above-mentioned, then its due execution and authenticity must have to be proved either:

(a)

By anyone who saw the writing executed;

(b)

By evidence of the genuineness of the handwriting of the maker; or

(c)

By a subscribing witness. (Sec. 21, Rule 132, Rules of Court).

In addition to said private writing or agreement, proof or evidence of the law of the country or state of the respondent should be submitted. (see par. 3, Supra).

In the event that parol evidence or testimony of witness becomes necessary in the course of the court action, same could be obtained by deposition or by written interrogatories or both. The pertinent rules of court of the Philippines governing their use and manner of preparation are herewith attached as Appendix ‘1’. Attached also [in this letter] is the form of a Special Power of Attorney to be executed by the claimant in favor of the Receiving Agent as provided in section 3, Article 3 of the Convention.

APPENDIX ‘1’

Additional Evidence During Pendency of Action:

How Obtained:

In the event additional evidence becomes necessary in the course of action in court, same will be obtained either by deposition or by written interrogatories, or both, and the following are the pertinent provisions of Rule 24 of the Philippine Revised Rules of Court on the matter:

Section 1. Depositions pending action, when may be taken. By leave of court after jurisdiction has been obtained over any defendant or over property which is the subject of the action, or without such leave after an answer has been served, the testimony of any person, whether a party or not, may be taken, at the instance of any party, by deposition upon oral examination or written interrogatories. The attendance of witnesses may be compelled by the use of a subpoena as provided in Rule 23. Depositions shall be taken only in accordance with these rules. The deposition of a person confined in prison may be taken only by leave of court on such terms as the court prescribes.

Section 11. Persons before whom depositions may be taken in foreign countries. In a foreign state or country, depositions shall be taken (a) on notice before a secretary of embassy or legation, consul general, consul, vice-consul, or consular agent of the Republic of the Philippines, or (b) before such person or officer as may be appointed by commission or under letters rogatory.

Section 12. Commission or letters rogatory. A commission or letters rogatory shall be issued only when necessary or convenient, on application and notice, and on such terms and with such directions as are just and appropriate. Officers may be designated in notices or commissions either by name or descriptive title and letters rogatory may be addressed ‘To the Appropriate Judicial Authority in (here name the country).’.

Section 13. Disqualification by interest. No deposition shall be taken before a person who is a relative within the sixth degree of consanguinity or affinity, or employee or attorney of any of the parties; or who is a relative within the same degree, or employee of such attorney; or who is financially interested in the action.

Section 14. Stipulations regarding taking of deposition. If the parties so stipulate in writing, depositions may be taken before any person authorized to administer oaths, at any time or place, upon any notice, and in any manner, and when so taken may be used like other depositions.

Section 15. Deposition upon oral examinations; notice; time and place. A party desiring to take the deposition of any person upon oral examination shall give reasonable notice in writing to every other party to the action. The notice shall state the time and place for taking the deposition and the name and address of each person to be examined, if known, and if the name is not known, a general description sufficient to identify him or the particular class or group to which he belongs. On motion of any party upon whom the notice is served, the court may for cause shown enlarge or shorten the time.

Section 17. Record of examination; oath; objections. The officer before whom the deposition is to be taken shall put the witness on oath and shall personally, or by some one acting under his direction and in his presence, record the testimony of the witness. The testimony shall be taken stenographically unless the parties agree otherwise. All objections made at the time of the examination to the qualifications of the officer taking the deposition, or to the manner of taking it, or to the evidence presented, or to the conduct of any party, and any other objection to the proceedings, shall be noted by the officer upon the deposition. Evidence objected to shall be taken subject to the objections. In lieu of participating in the oral examination, parties served with notice of taking a deposition may transmit written interrogatories to the officers, who shall propound them to the witness and record the answers verbatim.

Section 19. Submission to witness; changes; signing. When the testimony is fully transcribed the deposition shall be submitted to the witness for examination and shall be read to or by him, unless such examination and reading are waived by the witness and by the parties. Any changes in form or substance which the witness desires to make shall be entered upon the deposition by the officer with a statement of the reasons given by the witness for making them. The deposition shall then be signed by the witness, unless the parties by stipulation waive the signing or the witness is ill or cannot be found or refuses to sign. If the deposition is not signed by the witness, the officer shall sign it and state on the record the fact of the waiver or of the illness or absence of the witness or the fact of the refusal to sign together with the reason, if any, given therefor; and the deposition may then be used as fully as though signed, unless on a motion to suppress under section 29(f) of this rule, the court holds that the reasons given for the refusal to sign require rejection of the deposition in whole or in part.

Section 20. Certification and filing by officer. The officer shall certify on the deposition that the witness was duly sworn to by him and that the deposition is a true record of the testimony given by the witness. He shall then securely seal the deposition in an envelope indorsed with the title of the action and marked ‘Deposition of (here insert name of witness)’ and shall promptly file it with the court in which the action is pending or send it by registered mail to the clerk thereof for filing.

Section 21. Notice of filing. The officer taking the deposition shall give prompt notice of its filing to all the parties.

Section 25. Deposition upon written interrogatories; service of notice and of interrogatories. — A party desiring to take the deposition of any person upon written interrogatories shall serve them upon every other party with a notice stating the name and address of the person who is to answer them and the name or descriptive title and address of the officer before whom the deposition is to be taken. Within ten (10) days thereafter a party so served may serve cross-interrogatories upon the party proposing to take the deposition. Within five (5) days thereafter the latter may serve re-direct interrogatories upon a party who has served cross-interrogatories. Within three (3) days after being served with re-direct interrogatories, a party may serve recross-interrogatories upon the party proposing to take the deposition.

Section 26. Officers to take responses and prepare record. A copy of the notice and copies of all interrogatories served shall be delivered by the party taking the deposition to the officer designated in the notice, who shall proceed promptly, in the manner provided by sections 17, 19 and 20 of this rule, to take the testimony of the witness in response to the interrogatories and to prepare, certify, and file or mail the deposition, attaching thereto the copy of the notice and the interrogatories received by him.

Section 27. Notice of filing and furnishing copies. When a deposition upon interrogatories is filed, the officer taking it shall promptly give notice thereof to all the parties, and may furnish copies to them or to the deponent upon payment of reasonable charges therefor.

Section 29. Effect of errors and irregularities in depositions.

(a)

As to notice. All errors and irregularities in the notice for taking a deposition are waived unless written objection is promptly served upon the party giving the notice.

(b)

As to disqualification of officer. Objection to taking a deposition because of disqualification of the officer before whom it is to be taken is waived unless made before the taking of the deposition begins or as soon thereafter as the disqualification becomes known or could be discovered with reasonable diligence.

(c)

As to competency or relevancy of evidence. Objections to the competency of a witness or the competency, relevancy, or materiality of testimony are not waived by failure to make them before or during the taking of the deposition, unless the ground of the objection is one which might have been obviated or removed if presented at that time.

(d)

As to oral examination and other particulars. Errors and irregularities occurring at the oral examination in the manner of taking the deposition in form of the questions or answers, in the oath or affirmation, or in the conduct of the parties and errors of any kind which might be obviated, removed, or cured if promptly prosecuted, are waived unless reasonable objection thereto is made at the taking of the deposition.

(e)

As to form of written interrogatories. Objections to the form of written interrogatories submitted under sections 25 and 26 of this rule are waived unless served in writing upon the party propounding them within the time allowed for serving succeeding cross or other interrogatories and within three (3) days after service of the last interrogatories authorized.

(f)

As to manner of preparation. Errors are irregularities in the manner in which the testimony is transcribed or the deposition is prepared, signed, certified, sealed, indorsed, transmitted, filed, or otherwise dealt with by the officer under sections 15 to 26 of this rule are waived unless a motion to suppress the deposition or some part thereof is made with reasonable promptness after such defect is, or with due diligence might have been, ascertained.

APPENDIX ‘2’

Special power of Attorney

KNOW ALL MEN BY THESE PRESENTS:

That I, …, of legal age, single/married to … and a resident of … do hereby appoint, name and constitute the Solicitor General of the Philippines to be my true and lawful attorney in my name and in my behalf, to do and execute all or any of the following acts, deeds and things, namely:

1.

To demand, collect and receive from … (name of respondent) any and all sums of money which are now or may hereafter become due me by reason of my rightful claim for maintenance or support for myself and/or my dependent children …, …, …, …, and to give receipt or acknowledgment of such sums so received;

2.

To institute in my name an action in any court of the Philippines for the enforcement of my above-mentioned claim and for this purpose, to take whatever measures may be deemed by him necessary, including the taking of an appeal to the proper appellate court, for the prosecution of the action to its final termination;

3.

To enter into a reasonable compromise of my above-mentioned claim after prior consultation with me and my authorization in writing;

4.

In general to do all other acts and things whatsoever that may be deemed by him necessary and/or expedient in order to carry out the powers herein granted, as fully and effectively to all intents and purposes as I could do in my own proper person if personally present;

5.

To delegate, on such terms as he shall think fit, any or all of the powers herein granted in favor of any person whom said attorney may select, and to revoke any such appointment, and to substitute or appoint another in his stead;

6.

HEREBY GIVING AND GRANTING unto my said attorney full power and authority whatsoever requisite or necessary or proper to be done in or about the premises, as fully to all intents and purposes as I might or could lawfully do if personally present, with power of substitution and revocation, and hereby ratifying and confirming all that my said attorney or his substitute shall do or cause to be done under and by virtue of these presents.

IN WITNESS WHEREOF, I have hereunto affixed my signature in the presence of my two uninterested witnesses this … day of …, 1968 in …

… Grantor or Trustee…

SIGNED IN THE PRESENCE OF:

…

…

Acknowledgment

Before me a notary public for and in … (place) … personally appeared … known to me and to me known to be the same person who executed the foregoing instrument, and acknowledged to me that he signed each and every page of the document in the presence of his two witinstrumental witnesses who also signed each and every page of the instrument, and that the foregoing instrument, which consists of … pages including this page on which this acknowledgment is written, is his (or her) free act and deed.

IN WITNESS WHEREOF, I have hereunto affixed my hand and seal (if any) this … day of …, 196…, in the …

NOTARY PUBLIC My Commission expires … Doc. No. …

Page No. …

Book No. …

Series of …

Authentification

(See contents of authentification in letter)

10

Ter uitvoering van artikel 3, lid 2, van het Verdrag, heeft de Belgische Regering de volgende verklaring gericht tot de Secretaris-Generaal der Verenigde Naties:

Outre les éléments prévus à l'article 3, paragraphe 4, de la Convention, il conviendra que le créancier fasse connaître le montant de sa demande et y joigne des documents officiels établissant les liens de famille et les charges familiales ainsi qu'une procuration qui autorise l'Institution intermédiaire à agir en son nom ou à désigner une personne habilitée à agir de même.

Cette procuration devra, également, stipuler:

—

le montant de la demande,

—

le mandat en vue de pouvoir interjeter appel de la décision,

—

le mandat en vue de poursuivre l'exécution,

—

le mandat en vue de transiger, avant décision sur une base à fixer.

Les renseignements visés devront être fournis suivant le modèle qui est joint en annexe.

En ce qui concerne les documents justificatifs de l'indigence en vue de l'assistance judiciaire et de la procédure gratuite, il convient de s'en référer à l'Article 39 de la loi du 29 juin 1929 sur l'assistance judiciaire et la procédure gratuite, qui est libellé comme suit:

‘Le requérant résidant à l'étranger fait parvenir sa demande en double au bureau ou au juge, en joignant les documents justificatifs de son indigence tels qu'ils sont exigés par la loi du pays où il réside.

Si dans ce pays aucune loi ne règle la matière, ou s'il n'est pas possible de se conformer à la loi qui y est en vigueur, il joint à sa demande une déclaration affirmée devant l'agent consulaire belge du lieu de sa résidence; cette déclaration contient l'indication de la résidence du requérant et l'énumération détaillée de ses moyens d'existence et de ses charges.

ROYAUME DE BELGIQUE

Ministère de la Justice

Bruxelles (Belgique)

Convention sur le recouvrement des aliments à l'étranger, faite à New-York, le 20 juin 1956.

Procuration

Je soussigné (nom, prénoms, profession) …

demeurant à …

donne pouvoir à M. l'avocat (i) …

notamment en vue de:

après avoir sollicité s'il y a lieu le bénéfice de l'assistance judiciaire gratuite,

—

procéder à une demande de perception des revenus ou produits du travail de (ii) … ou des autres sommes lui revenant.

—

procéder à une action en paiement d'aliments à charge de …

(iii) se concilier, transiger, appeler, prendre communication de tous titres et pièces, faire mettre à exécution les décisions intervenues, faire toutes plaintes ou suivre celles intentées, faire tous actes d'administration nécessaires, quoique non prévus par les présentes, promettant ratification.

Ainsi dressé à le

(signature)

Légalisation de la signature

ci-dessus’

11

Ter uitvoering van artikel 3, lid 2, van het Verdrag, heeft de Spaanse Regering de volgende verklaring gericht tot de Secretaris-Generaal der Verenigde Naties:

‘In Spanish law there are two types of procedure which may be used in connection with a maintenance action:

I.

Suit for temporary maintenance

This special procedure is used only to obtain a provisional judgement the final judgement being pronounced only in a declaratory suit of the type corresponding to the amount claimed. The requirements for this procedure are as follows:

1.

The claim must set forth the remedy sought in the action, that is, the basic claim which the claimant wants to have settled, and it must be accompanied by documents fully supporting the grounds on which the claim is based. These grounds are of two kinds:

(a)

Those supporting the right to maintenance:

(i)

If the claim is based on a legal right founded on ties of relationship, documents proving that relationship must be submitted.

(ii)

If the claim is based on other circumstances, and more particularly on a contractual agreement, it must be accompanied by the document containing the agreement concerned.

The claim may, if necessary, also be substantiated by testimony.

(b)

Those supporting the amount of maintenance

The claimant must also offer to provide proof of the approximate amount of the respondent's assets, income, wages or pension and of the claimant's own need for maintenance.

II.

Suit for permanent maintenance

If permanent maintenance is being sought, the claimant must have recourse to an ordinary declaratory suit of the type corresponding to the amount of maintenance claimed. Owing to the many different types of action that may be brought in such suits, the evidence required as proof of the claim is not specified. It may, however, be concluded that this evidence is the same as that mentioned in the previous section, since, generally speaking, article 504 of the Act provides that all claims must be accompanied by the document or documents on which the claimant bases his rights.

III.

General requirements

No matter what type of suit is brought, the party must, as a general rule, be represented by a proctor legally authorized to plead in the court which hears the case and possessing a power of attorney declared sufficient by a lawyer. The power of attorney must be accompanied by the initial petition, which may not be acted upon in the absence of such power even if it contains a promise that the power will be submitted (article 3 of the Civil Procedure Act). According to the provisions of article 4, paragraph 4, of that Act, it is not mandatory for the proctor to participate in a suit for temporary maintenance; if, however, the parties do not plead their own cases, they must be represented by a proctor and not by a person who does not hold office.

For these reasons the power of attorney referred to in article 3, paragraph 3, of the Convention should authorize the Receiving Agency to transfer its power to a proctor (procurador).

In conformity with the provisions of article 600 of the Civil Procedure Act, which is applicable pursuant to article 6, paragraph 3, of the Convention, documents executed abroad must meet the following requirements:

1.

The subject or content of the act or agreement must be legal and allowable under Spanish law.

2.

The person executing the document must be qualified and legally authorized to bind himself under the law of his own country.

3.

The document must have been executed in accordance with the prescribed forms and procedures of the country in which the act or agreement originated.

4.

The document must be authenticated and must meet the other requirements essential to its authenticity in Spain.

Article 601 provides that a document in any language other than Spanish must be accompanied by a translation.

As can be seen, the evidence required under Spanish law, even in its formal aspects, is substantially the same as that mentioned in the Convention ( art. 3, par. 4).

IV.

Exemption from payment of costs on grounds of indigence

Exemption from payment of costs requires a prior declaration of indigence. Such declaration may be of the legal or judicial type or be issued by some other authority.

A declaration of the legal type is one that is prescribed by law and refers not to individuals but to bodies corporate, and to a special category of the latter, namely charitable institutions. If an institution is entitled to an exemption from payment of costs but there is no specific legal provision to that effect, a declaration of the judicial type is required for the exemption to become effective.

A declaration of the judicial type is the normal method of obtaining an exemption from the payment of costs on grounds of indigence; such declaration is obtained in conformity with the requirements and procedures laid down in the Civil Procedure Act.

In order that a claim for exemption from the payment of costs can be drawn up, the application made to the Transmitting Agency must contain the following particulars:

1.

The nationality of the claimant, his present address and his addresses during the preceding five years.

2.

His marital status, age, occupation and means of subsistence.

3.

If he is married or widowed, the name and nationality of his spouse and children.

4.

The house or flat in which he resides, including the street name and number and the rent which he pays.

5.

The property of his spouse and children of which he is the usufructuary and the income derived therefrom.

6.

The certification by the competent authority or official that the claimant has paid no tax of any kind in the current or preceding financial year or that he does pay tax (in the latter case, the amount of the tax must be stated, and receipts for the last quarter for which taxes were paid must be enclosed); and a certification, where applicable, that the claimant is or is not entered on the electoral rolls and, if so, in what capacity.

A certificate of indigence may also be issued by foreign authorities when the litigant is not a Spanish citizen and when this has been provided for in an international convention.

In such cases the application need be accompanied only by the document authorizing the exemption.

ANNEX

I.

Book II, title XVIII, of the Civil Procedure Act (Temporary maintenance).

Artikel 1,609

A person who considers himself entitled to temporary maintenance shall submit a claim therefor, which shall be accompanied by documents fully supporting the grounds on which the claim is based.

If the claim is based on a legal right, the documents to be submitted shall provide proof of the ties of relationship existing between the claimant and the respondent or of the circumstances granting entitlement to maintenance, and the claimant shall, if necessary, offer to supplement such proof with the testimony of witnesses.

He shall also offer to provide proof of the approximate amount of the respondent's assets, income, wages or pension and of the claimant's own need for maintenance.

The claim and the documents shall be accompanied by copies thereof on ordinary paper.

Artikel 1,610

The Judge shall not admit the claim unless it is accompanied by the documents specified in the preceding article.

II.

Book I, Title I, Section II, of the Civil Procedure Act (Legal Defence of the Indigent).

Artikel 13

Justice shall be rendered free of charge to indigent persons whom the courts declare to be entitled to that benefit.

Artikel 14

A person who has been declared indigent shall be granted the privilege of: (1) using for his defence stamped paper reserved for indigent persons; (2) having a lawyer and proctor appointed for him without being required to pay them a fee; (3) an exemption from the payment of any kind of fees to court employees; (4) giving a verbal pledge to pay if his fortunes improve, instead of being obliged to make the deposits required for the lodging of an appeal; (5) having the letters of request and any other official communications relating to his suit despatched and executed at his request.

Artikel 15

A person may be declared indigent only if:

(1)

He lives on a irregular wage or salary.

(2)

He lives solely on a regular wage or salary, irrespective of its source, which is not more than twice the wage of a labourer at the place where the person is habitually resident.

A person whose wage or salary is more than twice but not more than three times the wage of a labourer shall be entitled to a 50 per cent allowance in respect of all the benefits referred to in article 14.

(3)

He lives solely on unearned income or income derived from agricultural activities, which does not exceed the equivalent of the wages of two labourers at the place where the person is habitually resident. If such income exceeds the wages of two but not of three labourers, the person shall be entitled to the 50 per cent allowance provided for in the preceding paragraph.

(4)

He lives solely on income derived from the exercise of an industrial or commercial activity on which he pays to the Treasury a tax based on a net profit that is no more than twice the amount of the local wage of a labourer. A person paying a tax which exceeds the above limit by no more than 10 per cent shall be entitled to the 50 per cent allowance provided for in paragraphs 2 and 3.

(5)

All his property has been attached or legally assigned to his creditors and his wages, salary or income derived from the exercise of a profession or an industrial or commercial activity does not exceed the limits specified in the preceding paragraphs. In such cases, if the attachment is revoked or some property remains after the creditors have been paid, the balance shall be applied to the costs incurred in connexion with the free legal aid provided to the debtor on grounds of indigence.

Artikel 16

Where a person relies on two or more of the means of livelihood referred to in the preceding article, the income derived from all of them shall be computed, and if the total exceeds the limits prescribed in the said article, the person shall not be entitled to free legal aid on grounds of indigence.

Artikel 17

A person coming within any of the categories set out in article 15 shall not be entitled to free legal aid on grounds of indigence if, in the opinion of the Judge, the number of servants employed by that person, the rent of the dwelling in which he resides or any other external signs make is appear that his resources amount to more than twice the local wage of a labourer; he shall also be denied the 50 per cent allowance if the said external signs indicate that his resources may amount to more than three times that wage. On the other hand, the Judge may, in view of the family circumstances, number of children, state of health, debts, and so on of the person applying for a declaration of indigence, grant him the benefit of the free legal aid and the allowances aforesaid if his means of subsistence exceed by less than 50 per cent the limits set forth in articles 15 and 16.

Artikel 18

Free legal aid on grounds of indigence shall also be denied to a litigant whose income, combined with that of his spouse or with the proceeds from the property of his children, of which he is the usufructuary, equals a sum equivalent to the wages of three labourers at the place which the family is habitually resident. If the said income and proceeds exceed the wages of three but not of four labourers, the 50 per cent allowance established in the preceding articles shall be granted. The provisions of this article shall be without prejudice to the discretionary powers granted to the Judge by virtue of article 17.

Artikel 19

Where two or more persons who are individually entitled to free legal aid on grounds of indigence are joint parties to a suit, they shall be accorded such aid even though their combined means of subsistence exceed the aforementioned limits.

Artikel 20

Free legal aid on grounds of indigence shall be granted only in respect of suits involving the rights of the grantee.

An assignee who is entitled to such aid cannot avail himself thereof in suits involving the rights of the assignor or rights acquired from a third party who is not entitled to such aid, except in the case of rights acquired through inheritance.

Artikel 21

The declaration of indigence shall always be requested of the Judge or Court dealing with or competent to deal with the suit or matter in respect of which free legal aid is being sought, and such declaration shall be considered a question incidental to the main proceedings.

Artikel 22

Where a person requests free legal aid on grounds of indigence in order to bring an action, the action shall be delayed until a decision has been taken on the incidental question of the declaration of indigence.

The Judge shall, however, permit the institution of proceedings without assessing costs where postponement might cause the plaintiff irreparable harm, but he shall suspend the suit immediately afterwards.

Artikel 23

Where the plaintiff or the defendant requests free legal aid on grounds of indigence, either when or after the suit is contested, he shall submit evidence supporting his claim to such aid in a separate document, which shall be drawn up at his expense.

In such event, the suit may be suspended only with the consent of both parties.

Artikel 24

Where the plaintiff has not requested free legal aid on grounds of indigence before bringing the action but does so afterwards, such aid shall not be granted unless he can fully prove that he became indigent after bringing the action.

Artikel 25

If a litigant who was not granted free legal aid on grounds of indigence in the first instance claims such aid in the second instance, he must prove that he became indigent during or after the proceedings in the court of first instance. If he cannot produce full proof, he shall be denied free legal aid.

Artikel 26

The provisions of the preceding article shall likewise apply where a person who has not been granted free legal aid on grounds of indigence in the second instance requests such aid in order to file or pursue an appeal for reversal.

In such cases the person making such request shall not be exempt from payment of the deposit unless he submitted the request prior to the summons to hear sentence pronounced in the court of second instance.

Artikel 27

Any person applying in due form for a declaration of indigence shall subsequently be granted free legal aid, and a lawyer and proctor shall, at his request, be appointed for him by the Court, without prejudice to whatever final decision is taken on the declaration of indigence.

A lawyer and a proctor shall also be appointed by the Court for a person, at his request, who wishes to file a claim for a declaration of indigence.

Artikel 28

The claim shall be drawn up in conformity with the provisions of article 524 regarding ordinary claims, and shall also contain the following particulars:

1.

The nationality of the claimant, his present address, and his addresses during the preceding five years.

2.

His marital status, age, occupation and means of subsistence.

3.

If he is married or widowed, the name and nationality of his spouse and children.

4.

The house or flat in which he resides, including the street name and number and the rent which he pays.

5.

The property of his spouse and children of which he is the usufructuary and the income derived therefrom.

6.

The certification by the competent authority or official that the claimant has paid no tax of any kind in the current or preceding financial year or that he does pay tax (in the latter case, the amount of the tax must be stated, and receipts for the last quarter for which taxes were paid must be enclosed); and a cerification, where applicable, that the claimant is or is not entered on the electoral rolls and, if so, in what capacity.

Artikel 29

No action shall be taken on a claim which fails to meet the requirements laid down in the preceding article.

If the claimant contends that he has been unable to obtain the certifications mentioned in item 6 of the said article, the Judge shall request them on the authority of the court, but no action shall be taken on the claim until they have been obtained.

(V.N.-vertaling)

12

Toetreding door Tunesië onder de volgende verklaringen:

1)

Persons living abroad may only claim the advantages provided for in the Convention when considered non-residents under the exchange regulations in force in Tunisia.

2)

A dispute may only be referred to the International Court of Justice with the agreement of all the parties to the dispute.

Polen heeft op 05-02-1969 het volgende bezwaar gemaakt tegen de door Tunesië bij de toetreding afgelegde verklaring:

The Government of the Polish People’s Republic wishes to express its objection, in accordance with article 17, paragraph 1, of the said Convention, to the first two reservations made by the Government of Tunisia in its instrument of accession.

13

Ter uitvoering van artikel 3, lid 2, van het Verdrag, heeft de Tunesische Regering bij de toetreding de volgende verklaring afgelegd:

Le demandeur doit établir le rapport juridique qui existerait entre le défendeur et lui-même. Dans la majorité des cas il s'agira de liens nés du mariage ou de la filiation qui se prouvent soit par des actes de l'état civil, soit par un jugement. En dehors du mariage ou de la filiation, l'obligation alimentaire peut avoir sa source dans un engagement volontaire qui peut être un acte sous seing privé.

14

Ter uitvoering van artikel 3, lid 2, van het Verdrag heeft de Braziliaanse Regering de volgende verklaring gericht tot de Secretaris-Generaal van de Verenigde Naties:

Act No. 5, 478 of 25 July 1968

concerning actions for maintenance and other provisions

I, the President of the Republic,

Hereby announce that the National Congress decrees, and I approve, the following Act:

Artikel 1

Actions for maintenance shall be governed by a special procedure, independently of any prior allocation of the case or prior granting of free legal aid.

1.

The allocation of such cases shall be determined subsequently by the Court and registered accordingly.

2.

Any party who is unable to pay legal costs without prejudicing his own support or that of his family shall be given free legal aid merely by pleading such inability in court; the penalty for misrepresentation shall be payment of up to ten times the costs.

3.

Under this Act, any person who pleads poverty shall be presumed to be unable to pay until proved otherwise.

4.

An action for maintenance shall not be suspended because entitlement to free legal aid has been challenged; the question of entitlement shall be dealt with in separate proceedings.

Artikel 2

The claimant, either in person or through counsel, shall address himself to the competent judge, identify himself and explain his needs; he must establish only the relationship or obligation to provide maintenance of the debtor, indicating his Christian name and surname, residence or place of work, profession, nationality and approximate income or available resources.

1.

The initial production of documentary evidence shall be waived:

(i)

Where the information is available in bills, records, public offices or institutions, and the production of certified copies would entail difficulty or delay;

(ii)

Where they are in the possession of the respondent responsible for providing maintenance or of a third party whose whereabouts are uncertain or unknown.

2.

The authentication of signatures shall be waived in the case of public documents.

3.

If the claimant appears in person and does not specify a legal adviser who has agreed to assist him, the judge shall immediately designate counsel.

Artikel 3

Claims shall be submitted in writing, in triplicate, and must indicate the judge to whom they are addressed, and contain the information specified in the preceding article and a summary of the facts.

1.

If counsel has been designated by the judge to assist the claimant, as specified in article 2, the counsel designated shall prepare the claim in writing within twentyfour (24) hours of his appointment; he may, if he deems this appropriate, present the oral claim in the form of a written deposition.

2.

The deposition mentioned in the preceding paragraph shall be drawn up in triplicate, dated and signed by the court clerk, and shall conform, so far as possible, to the provisions of the main body of this article.

Artikel 4

When the claim is filed, the judge shall immediately determine provisional payments to be paid by the respondent, unless the claimant expressly states that they are unnecessary.

Sole paragraph. If provisional maintenance is requested by a spouse married under the regime of common marital estate, the judge shall also determine that a portion of the cash income from the joint property administered by the respondent shall be paid monthly to the claimant.

Artikel 5

Within forty-eight (48) hours, the court clerk shall transmit to the respondent the second copy of the claim or deposition, together with a copy of the decision of the judge and notification of the date and time of the hearing.

1.

In scheduling the hearing, the judge shall allow a reasonable amount of time for the respondent to contest the proposed action and, if necessary, for a summons to be served.

2.

The notification, which shall be sent by registered post, free of charge, with a certificate of receipt, shall be deemed to constitute a summons for all legal purposes.

3.

If the respondent refuses delivery of the summons or cannot be found, the procedure shall be repeated by a bailiff using the third copy of the petition or deposition as a writ.

4.

If the summons cannot be served on the respondent for any of the above reasons, he shall be summoned by means of a notice affixed to the court house and published three (3) consecutive times in the official gazette of the State, at the expense of the losing party, the bill having previously been filed in the dossier.

5.

The notice must contain a summary of the initial claim, the full text of the decision entered on it and the date and time of the hearing.

6.

The plaintiff shall be notified of the date and time of the hearing during the filing of the petition or the preparation of the deposition.

7.

The judge, when setting the date of the hearing, shall address an official communication to the respondent's employer, or, if the respondent is the public employ, to the head of his bureau, requesting information to be submitted on the respondent's wages or earnings not later than the date set for the hearing, under pain of the penalties prescribed in article 22 of this Act.

8.

Even in the cases covered by articles 175 and 176 of the Code of Civil Procedure, the respondent shall be summoned in accordance with article 5, paragraph 2, of this Act.

Artikel 6

The claimant and respondent must be present at the hearing at which the settlement is reached or judgement given, regardless of whether their representatives have been informed or appear.

Artikel 7

If the claimant fails to appear, the claim shall be filed; absence of the respondent shall be deemed to constitute contempt of court in addition to admission of guilt.

Artikel 8

The claimant and respondent shall appear at the hearing accompanied by their witnesses, of whom there shall be not more than three (3), and shall submit any further testimony at that time.

Artikel 9

At the hearing, after the claim or deposition and the answer, if any, have been read, or after reading has been waived, the judge shall hear the parties to the dispute and the representative of the Ministério Público, who shall propose a settlement.

1.

If agreement is reached, the terms of the settlement shall be drawn up and signed by the judge, the court clerk, the parties and the representatives of the Ministério Público.

2.

If there is no agreement, the judge shall take the affidavits of the parties and witnesses; after the hearing of experts, if any, he may decide the case without the aforementioned production of evidence, if the parties so agree.

Artikel 10

The hearing shall be continuous, but if it is impossible for reasons of force majeure, to conclude it on the same day, the judge shall set the first free day for its continuation, whether or not further notification is given.

Artikel 11

After the preliminary examination, the parties and the Ministério Público may make final statements, each lasting no more than ten (10) minutes.

Sole paragraph. The judge shall then repeat the proposal for a settlement; if the settlement is not accepted, he shall pronounce his decision, which shall include a brief summing up of the hearing.

Artikel 12

The parties shall be informed of the decision either personally or through their representatives at the hearing itself or, if absent, when notified of the hearing.

Artikel 13

The provisions of this Act shall apply, so far as appropriate, to ordinary actions for separation, or for the dissolution or annulment of the marriage bond, to the review of decisions on claims for maintenance and to the execution of such decisions.

1.

The original decision on provisional maintenance may be reviewed at any time, if there is a change in the financial circumstances of the parties, but the claim shall be processed separately in every case.

2.

The maintenance determined shall in any case be payable retroactively to the date of the summons.

3.

Provisional maintenance shall remain payable until the final decision, including the ruling on any extraordinary appeal.

Artikel 14

The final decision of the judge, including decisions on separate proceedings, shall be subject to appeal in respect of the substance of the case.

Artikel 15

Judicial decisions on maintenance shall not be irrevocable and may be reviewed at any time if there is a change in the financial circumstances of the interested parties.

Artikel 16

The provisions of article 919 and sole paragraph of the Code of Civil Procedure shall apply in the execution of any decision or settlement in actions for maintenance.

Artikel 17

When it is impossible to carry out the decision or settlement by means of payroll deductions, the payments may be collected from rent from properties or from any other income of the respondent, which shall be paid directly to the claimant or to a trustee appointed by the judge.

Artikel 18

If, in these circumstances, it remains impossible to discharge maintenance obligations, the judge shall apply the provisions of article 920 of the Code of Civil Procedure.

Artikel 19

The judge, in his preliminary examination of the case or in the execution of the decision or settlement, may take any measures necessary to inform himself of the facts or to implement the decision or settlement; such measures may include sentencing the respondent to up to sixty (60) days' imprisonment.

1. Article 921 of the Code of Civil Procedure (Legislative Decree No. 1, 608, of 18 September 1939) shall apply as follows:

Art. 921. Completion of the full term of imprisonment shall not exempt the debtor from the obligation to pay the maintenance then due and unpaid or coming due.

2. The decision to sentence the respondent to prison shall be subject to appeal.

3. Article 843, paragraph 2, of the Code of Civil Procedure (Legislative Decree No. 1, 608, of 18 September 1939), shall apply as follows:

2. In the cases provided for in sub-paragraph VI, except in the case of decisions relating to claims for or payment of maintenance, and in subparagraphs XI en XVII, the judge shall suspend the proceedings if it is impossible to suspend only the execution of the decision.

Artikel 20

Government offices, civil or military, including the Income Tax Bureau, shall provide all information necessary for the proceedings referred to in this Act for the execution of the decision or settlement reached in court.

Artikel 21

Article 244 of the Criminal Code shall apply as follows:

Art. 244. Failure, without good and sufficient cause, to provide support for a spouse, for a child under eighteen years of age or unfit for work, or for a disabled or infirm ascendant, by withholding of the necessary funds or by defaulting on the payment of maintenance which has been agreed, determined or increased by law, or failure, without good and sufficient cause, to aid a seriously ill descendant or ascendant, shall be punishable as follows:

Penalty: One (1) to four (4) years' detention and a fine of from one to ten times the highest minimum wage in effect in the country.

Sole paragraph. The same penalties shall be applicable to any solvent person who in any way whatsoever, including unjustified abandonment of his employment or post, prevents or evades the payment of maintenance which has been agreed, determined or increased by law.

Artikel 22

Failure on the part of an employer or an official in the public employ to provide the competent court with the information necessary for examining the case or executing the decision or settlement in respect of maintenance shall constitute the offence of obstruction of the due process of law.

Penalty: Six (6) months’ to one (1) year's detention without prejudice to the accessory penalty of thirty (30) to ninety (90) days’ suspension from employment.

Sole paragraph. The same penalties shall be applicable to any person who, in any way whatsoever, aids and abets the respondent in evading the payment of maintenance agreed, determined or increased bij law, or who refuses to carry out or delays in carrying out an order from the competent judge to make payroll deductions.

Artikel 23

The five-year limitation referred to in article 178, paragraph 10, subparagraph I, of the Civil Code shall apply only to monthly payments, but not to the entitlement to maintenance, which, although irrevocable, may be temporarily waived.

Artikel 24

Any person who is responsible for the support of a family and who must leave the common domicile for any reason, which need not be specified, may take the initiative of notifying the judge of his income and requesting that the claimant be summoned to appear at the hearing held in order to determine, by settlement or decision, the maintenance he will be required to provide.

Artikel 25

Payment in kind, as provided for in article 403 of the Civil Code may be authorized by the judge only when agreed to by the claimant.

Artikel 26

The federal court of the capital of the Brazilian Federal Unit in which the respondent resides shall be competent in the case of actions for maintenance resulting from the application of Legislative Decree No. 10 of 13 November 1958 and Decree No. 56,826 of 2 September 1965; for the purposes of these Decrees, the Office of the Procurador-Geral da República shall be deemed to be the transmitting agency.

Sole paragraph. Under article 2, paragraph 3, of the Convention on the Recovery Abroad of Maintenance, the Government of Brazil shall promptly communicate to the Secretary-General of the United Nations the provisions of this article.

Artikel 27

The provisions of the Code of Civil Procedure shall also apply to proceedings governed by this Act.

Artikel 28

This Act shall enter into force thirty (30) days after its publication.

Artikel 29

All provisions inconsistent herewith are hereby repealed.

(Vertaling)

15

Ter uitvoering van artikel 3, lid 2, van het Verdrag heeft de Regering van de Filippijnen de volgende verklaring gericht tot de Secretaris-Generaal van de Verenigde Naties:

Evidence normally required under Philippine law in connection with maintenance claims — United Nations Convention of 20 June 1956

In accordance with the provisions of article 3, paragraph 2, of the Convention on the Recovery Abroad of Maintenance, done at New York on 20 June 1956, the following information is transmitted as to the requirements of Philippine law for the proof of maintenance claims:

There are no special provisions in the Rules of Court of the Philippines pertaining to actions for support, except Rule 61 which refers to actions for ‘support pendente lite’. Rule 61 provides as follows:

SEC. 1. Application. — The plaintiff, at the commencement of the proper action, or at any time afterwards but prior to final judgment, may file an application for support pendente lite, stating the grounds for the claim and the financial conditions of both parties, and shall be accompanied by affidavits, depositions or other authentic documents in support thereof.

SEC. 2. Notice. — Notice of the application shall be served upon the adverse party who shall have three (3) days to answer, unless a different period of time is fixed by the court.

SEC. 3. Answer. — The answer shall be in writing and accompanied by affidavits, depositions or other authentic documents supporting the same.

SEC. 4. Hearing. — After the answer is filed, or after the expiration of the time for its filing, a day will be set for hearing. The facts in issue shall be proved in the same manner as is provided in connection with motions.

SEC. 5. Order. — The court shall determine provisionally the pertinent facts, and shall render such order as equity and justice may require, having due regards to the necessities of the applicant, the means of the adverse party, the probable outcome of the case, and such other circumstances as may aid in the proper elucidation of the question involved. If the application is granted the court shall fix the amount of money to be provisionally paid, and the terms of payment. If the application is denied, the trial of the principal case on its merits shall be held as early as possible.

SEC. 6. Enforcement of order. — If defendant fails to comply with an order granting support pendente lite, he must be ordered to show cause why he should not be punished for contempt. Should the defendant appear to have means to pay support and refuse to pay, either an order of execution may be issued or a penalty for contempt may be imposed, or both.

The principal action for support will be governed by the rules of procedure or ordinary civil actions.

The following provisions of the Civil Code of the Philippines (Republic Act No. 386) are also pertinent:

Artikel 290

Support is everything that is indispensable for sustenance, dwelling, clothing and medical attendance, according to the social position of the family.

Support also includes the education of the person entitled to be supported until he completes his education or training for some profession, trade or vocation, even beyond the age of majority.

Artikel 291

The following are obliged to support each other to the whole extent set forth in the preceding article:

(1)

The spouses;

(2)

Legitimate ascendants and descendants;

(3)

Parents and acknowledged natural children and the legitimate or illegitimate descendants of the latter;

(4)

Parents and natural children by legal fiction and the legitimate and illegitimate descendants of the latter;

(5)

Parents and illegitimate children who are not natural.

Brothers and sisters owe their legitimate and natural brothers and sisters, although they are only of the half-blood, the necessaries for life, when by a physical or mental defect, or any other cause not imputable to the recipients the latter cannot secure their subsistence. This assistance includes, in a proper case, expenses necessary for elementary education and for professional or vocational training.

Artikel 294

The claim for support, when proper and two or more persons are obliged to give it, shall be made in the following order:

(1)

From the spouse;

(2)

From the descendants of the nearest degree;

(3)

From the ascendants, also of the nearest degree;

(4)

From the brothers and sisters.

Among descendants and ascendants the order in which they are called to the intestate succession of the person who has a right to claim support shall be observed.

Artikel 295

When the obligation to give support falls upon two or more persons, the payment of the same shall be divided between them in proportion to the resources of each.

However, in case of urgent need and by special circumstances the judge may order only one of them to furnish the support provisionally, without prejudice to his right to claim from the other obligors the share due from them.

When two or more recipients at the same time claim support from one and the same person legally obliged to give it, and the latter should not have sufficient means to satisfy all, the order established in the preceding article shall be followed, unless the concurrent obligees should be the spouse and a child subject to parental authority, in which case the latter shall be preferred.

Artikel 296

The amount of support, in the cases referred to in the five numbers of article 291, shall be in proportion to the resources or means of the giver and to the necessities of the recipient.

Artikel 298

The obligation to give support shall be demandable from the time the person who has a right to receive the same needs it for maintenance, but it shall not be paid except from the date it is extrajudicially demanded.

Payment shall be made monthly in advance, and when the recipient dies, his heirs shall not be obliged to return what he has received in advance.

Artikel 300

The obligation to furnish support ceases upon the death of the obligor, even if he may be found to give it in compliance with a final judgment.

16

Ter uitvoering van artikel 3, lid 2, van het Verdrag heeft de Regering van het Koninkrijk der Nederlanden de volgende verklaring gericht tot de Secretaris-Generaal van de Verenigde Naties:

Artikel 158

Les époux se doivent mutuellement fidélité, secours, assistance. Ils sont obligés de se procurer le nécessaire l'un à l'autre.

Artikel 280

Si l'époux, sur la demande duquel le divorce a été prononcé, n'a pas de revenus suffisants pour assurer sa subsistance, le tribunal pourra lui accorder, sur les biens de l'autre époux, une pension alimentaire.

Artikel 301

Les dispositions des articles 265 jusqu'à 275 et 277 jusqu'à 283, ainsi que l'article 286, s'appliquent également à la séparation de corps qui aura été demandée par l'un des deux époux vis-à-vis de l'autre.

Artikel 344

Le père d'un enfant naturel et désavoué est tenu de pourvoir, pendant la minorité de cet enfant, à l'entretien et à l'éducation de cet enfant à proportion de ses facultés.

Si l'enfant, à l'âge de sa majorité, n'est pas en mesure de s'entretenir pour des raisons de déficience psychique ou physique, le père conservera l'obligation de son entretien.

Les mêmes obligations reposent sur la mère lorsque l'enfant est né d'un commerce adultérin ou incestueux: les deuxième, troisième et quatrième alinéas de l'article 341 sont applicables.

Artikel 344a

L'action basée sur le premier alinéa de l'article précédent est intentée auprès du tribunal d'arrondissement de la résidence de l'enfant, de la mère ou du défendeur; elle se prescrit dans les cinq années qui suivent le jour de la naissance de l'enfant.

Le conseil pour la protection des enfants est également compétent pour intenter l'action, basée sur le premier alinéa de l'article précédent, et pour faire appel d'un jugement rendu à une telle action qui a été intentée par le tuteur.

Le conseil a besoin de l'autorisation de la mère pour intenter l'action, à moins que celle-là ne puisse déclarer sa volonté. Si la mère est mineure, l'autorisation de son représentant légal est requise.

Artikel 344b

En cas d'assignation de l'action, le père est condamné à une allocation hebdomadaire, mensuelle ou trimestrielle. Si possible, les garanties qu'il doit assurer pour cette allocation sont fixées.

Le père peut aussi être condamné au paiement immédiat d'une somme, s'il y a des raisons à ce sujet.

Aucune allocation n'est due pour la période qui est antérieure de plus de cinq ans au moment de l'instance de l'action.

Artikel 344c

Le père d'un enfant naturel et désavoué est tenu — même si cet enfant est mort-né — de rembourser à la mère les frais de son accouchement et de son entretien pendant les six semaines qui suivent l'accouchement.

Le dédommagement de ces frais est fixé par le juge selon toute équité et selon les usages locaux.

L'action est intentée auprès du tribunal d'arrondissement de la résidence de la mère, de l'enfant ou du défendeur.

Le droit d'action expire un an après le jour de l'accouchement.

Artikel 344d

Celui qui a reconnu son obligation visée par l'article 344 et 344c peut être condamné par le tribunal, à tout stade de la procédure à verser une allocation provisoire pendant le cours du procès, sans préjudice de la possibilité, en cas d'urgence immédiate, de réclamer une allocation provisoire dans une instance en référé devant le président.

Artikel 344e

Est présumé père d'un enfant désavoué celui qui, entre le 301-ème et le 179-ème jour avant la naissance, a cohabité avec la mère.

L'action intentée contre lui en vertu des articles 344 ou 344c est toutefois rejetée:

a)

s'il prouve que la mère, pendant la période en question, a eu commerce avec un autre individu, à moins qu'il ne s'avère que l'enfant n'a pas pu être conçu par ces relations;

b)

si le juge est intimement convaincu que le défendeur n'est pas le père de l'enfant.

Artikel 344f

La preuve de la paternité n'est pas liée à un moyen particulier.

La preuve contraire peut se faire par tous les moyens. Le serment décisoire ne peut pas être demandé. L'article 1961 n'est pas applicable.

La mère qui, en tant que tutrice de son enfant, intente contre le père de cet enfant l'action visée à l'article 344, peut néanmoins être entendue comme témoin.

Avant de clore une action par une décision finale en vertu de l'article 344, premier alinéa, le juge entend le conseil pour la protection des enfants qu'il peut faire convoquer à tout stade de la procédure. La convocation est faite par le greffier et par écrit, à moins que le juge n'ordonne un autre mode de convocation.

Les audiences et les plaidoiries sont tenues à huis clos. Le jugement a lieu en audience publique.

Artikel 344g

L'allocation ou la somme à payer immédiatement, visés à l'article 344b, sont versées en faveur de l'enfant au conseil pour la protection des enfants.

Artikel 344h

Si une mère ne satisfait pas convenablement à l'obligation que spécifie l'article 344, troisième alinéa, l'article 468 s'applique.

Artikel 344i

Lorsque le père ou la mère visés à l'article 344 ont des héritiers, ceux-ci ne peuvent être obligés, pour ce qui concerne l'entretien de l'enfant après le décès du légataire, qu'à payer immédiatement une somme qui ne dépassera pas la part légitime à laquelle l'enfant aurait eu droit en tant qu'enfant naturel et reconnu. Le tribunal fixe ce montant sur la demande de l'enfant ou du conseil pour la protection des enfants. Sous peine de forclusion, la demande doit être présentée dans l'année qui suit le décès du père ou de la mère. De plus, les articles 344a et 344d s'appliquent de façon analogue.

Artikel 463

Chacun est obligé d'entretenir ses parents en ligne droite qui sont dans le besoin.

Artikel 464

Les gendres et les belles-filles sont obligés d'entretenir leurs beaux-parents qui sont dans le besoin; cette obligation est réciproque.

Cette obligation n'existe pas:

a)

entre les beaux-parents et leur gendre ou leur belle-fille, si le mariage de celle-ci ou de celui-là a été dissout et si ce mariage n'a pas laissé de descendants;

b)

à l'égard d'un gendre ou d'une belle-fille dont le mariage a été dissout, après qu'une demande en divorce a été assignée contre lui ou contre elle;

c)

à l'égard d'un gendre ou d'une belle-fille contre lequel ou contre laquelle une demande de séparation de corps a été assignée, après que le jugement est passé en force de chose jugée;

d)

à l'égard d'un gendre ou d'une belle-fille qui ont été dépourvus de l'autorité sur leurs enfants légitimes et dont le mariage est dissout;

e)

à l'égard d'une belle-mère ou d'une belle-fille qui se sont remariées.

Artikel 467

Les parents sont obligés, à proportion de leurs facultés, de pourvoir à l'entretien et à l'éducation de leurs enfants mineurs.

17

Bij de bekrachtiging heeft de Regering van Oostenrijk het volgende medegedeeld:

Pursuant to article 2 of the above-mentioned Convention, the Government of Austria has designated the District Court (Bezirksgericht) exercising judicial jurisdiction in civil law matters in whose territory the claimant has his permanent residence, or, if he has none in the country, his actual residence to act in its territory as Transmitting Agency. In Vienna, the District Court of the Inner City of Vienna is designated as Transmitting Agency for Districts I thro ugh XX, the District Court of Floridsdorf for Districts XXI and XXII and the District Court of Liesing for District XXIII. The Federal Ministry of Justice is designated as Receiving Agency.

18

Ter uitvoering van artikel 3, lid 2, van het Verdrag heeft de Oostenrijkse Regering het volgende aan de Secretaris-Generaal van de Verenigde Naties ter informatie medegedeeld:

I.

A claimant bringing an action for the recovery of maintenance has to prove the respondent's legal obligation to pay maintenance.

Austrian civil procedure is subject to the principle of discretionary assessment of evidence (see Article 272 of the Code of Civil Procedure, whose wording is given in the Annex); certain exceptions exist with regard to the probative value and authenticity of public and private documents (see Articles 292 to 294 and 310 to 312 of the Code of Civil Procedure, whose wording is given in the Annex). The abovementioned principle must also be applied to the assessment of evidence for certain facts or events which have occurred abroad.

The above considerations also apply to cases where a claimant applies for a change (raise or reduction) in maintenance already being paid.

II.

A decision issued by a foreign authority in a maintenance case can only be enforced if reciprocity is ensured in the manner envisaged in Article 79 of the Rules of Execution (see the wording of this Article in the Annex).

Usually, the preconditions, including the documents to be submitted, under which such enforcement can take place are laid down separately in each international agreement. Hence, no general information can be given thereon.

III.

Both for the recovery of maintenance by way of action and for the enforcement of a decision issued in a foreign country with regard to a maintenance case, the submission of a power of attorney as envisaged in Article 3, paragraph 3, of the Convention is required. This power of attorney must be made out by the claimant himself, or if he is incapable of managing his affairs, by his legal representative.

If a claimant wants to avail himself of the exemption from payment of costs and charges provided under Article 9 of the Convention, a relevant application as well as a certificate of entitlement to legal aid or some other official certificate showing the claimant's income and assets must be attached to the documents submitted (cf. Article 63, paragraph 1, of the Code of Civil Procedure, whose wording is given in the Annex).

IV.

In Austria, a special Federal law has been passed for the implementation within the country of the Convention. Its wording is given in the Annex.

Annex

Artikel 272. Code of Civil Procedure, Article 272

(1)

Unless this law provides otherwise, the court, while carefully considering the results of the hearing and of the submission of evidence, shall be free to follow its persuasion in making an assessment as to whether or not a factual statement is to be considered as true.

(2)

In particular, the court shall proceed in the same manner in making a ruling as to the way in which the assessment of the case is affected by any party's refusal to answer questions put to that party by the president of the tribunal or with his or the tribunal's permission.

(3)

The circumstances and considerations which were decisive for the court's persuasion shall be stated in the summary of reasons attached to the court's decision.

Artikel 292. Code of Civil Procedure, Article 292

(1)

Documents made out inside the area of territorial operation of this law by a public authority within the confines of its official powers, or by a person authorised to make public attestations within the sphere of activity attributed to him, in the prescribed form (public documents) shall establish full proof of what the authority officially decrees or declares therein, or of what the authority or the attestant testifies therein. The same shall apply to documents made out outside the area of territorial operation of this law but within the confines of their official powers by public organs subordinate to an authority which has its seat inside the area of territorial operation of this law.

(2)

A proof of the untruth of the event or fact testified to or of incorrect attestation is admissible.

Artikel 293. Code of Civil Procedure, Article 293

(1)

Other documents which are declared public documents under special legal provisions shall have the same probative value.

(2)

Documents made outside the area of territorial operation of this law, and which are deemed to be public documents at the place where they have been made out, shall have the probative value of public documents inside the area of territorial operation of this law, under the proviso of reciprocity, if they show the prescribed authentications.

Artikel 294. Code of Civil Procedure, Article 294

Private documents, provided they show the signatures of the persons making them out, or their marks as attested by a court or a notary public, shall establish full proof that the statements contained therein originated with the persons who made out such documents.

Artikel 310. Code of Civil Procedure, Article 310

(1)

Documents which on the grounds of their form and content appear to be public documents shall be presumed to be authentic.

(2)

Where the court considers the authenticity of a document to be doubtful, it may on application by a party or ex officio require a statement concerning the authenticity of the document from the authority or person presumed to have made out the document. Where doubts as to the authenticity of the document cannot be removed in this way, the onus of proof of its authenticity shall lie with the party who wants to use such document as evidence.

Artikel 311. Code of Civil Procedure, Article 311

(1)

Whether or not a document which appears to have been made out by a foreign authority or a person abroad authorised to make public attestations is to be considered authentic without further proof, shall be decided by the court at its discretion with due regard to the circumstances of the case.

(2)

Unless special regulations provide otherwise, attestation by the Federal Ministry of Foreign Affairs or an Austrian minister plenipotentiary or consul shall be sufficient to prove the authenticity of such a document.

Artikel 312. Code of Civil Procedure, Article 312

(1)

The authenticity of a private document shall be regarded as uncontested where the opponent of the party submitting evidence has failed to comment on the authenticity of the document, unless the opponent's intention to contest its authenticity is apparent from his other statements. Where a document contains a signature, the opponent of the party submitting evidence shall also comment on the authenticity of the signature, subject to the same legal effect.

(2)

The burden of proof of the contested authenticity of a private document or a signature contained therein shall lie with the party who wants to use the document as evidence.

Artikel 79. Rules of Execution, Article 79

The enforcement or performance of particular acts of enforcement based on deeds and documents, which are not included in the subjects of execution, referred to in Article 2 (i) , but which have been made outside the area of the territorial operation of this law and are enforceable according to the law in force where they were made, may take place within the area of the territorial operation of this law only and to the extent that reciprocity is ensured by international treaties or by governmental notices in this matter published in the Federal Law Gazette.

Artikel 63. Code of Civil Procedure, Article 63 (1)

(1) (ii)

A person who is unable to meet the costs of an action without impairing his and his family's necessary livelihood shall be entitled to legal aid, unless the intended legal action or defence appears to be evidently wanton or hopeless (pauper party). In particular, an action is to be regarded as wanton where a party not applying for legal aid, after reasonable examination of the circumstances of the case, and in particular of the prospects for recovering his claim, would refrain from bringing a suit, or would only assert part of his claim.

Federal Law of 22nd January, 1969, for the Implementation of the Convention of 20th June, 1956, on the Recovery Abroad of Maintenance

(see No. 918 of the Annexes to the Verbatim Report of the National Assembly, 11th Legislative Period).

19

Toetreding door Algerije onder het volgende voorbehoud:

The Democratic and Popular Republic of Algeria does not consider itself bound by the provisions of article 16 of the Convention concerning the competence of the International Court of Justice and affirms that the agreement of all the parties concerned is required in each case before a dispute can be brought before the International Court of Justice.

20

Ter uitvoering van artikel 3, lid 2, van het Verdrag heeft de Regering van het Koninkrijk der Nederlanden de volgende verklaring gericht tot de Secretaris-Generaal van de Verenigde Naties:

The text of the provisions of the Civil Code of the Netherlands Antilles concerning maintenance

Artikel 152

Husband and wife shall be faithful to each other, and help and assist each other.

Artikel 153

Husband and wife pledge to each other, by the simple fact of their marriage, to maintain and to educate their children.

Artikel 156

The husband is obliged to receive his wife in his home. He shall protect her and give her, according to his social status and financial means, whatever she needs.

Artikel 242

The wife is, notwithstanding separation of estates, obliged to contribute, proportionally to her means and to those of her husband, towards the cost of the household and the education of the children that she has borne by him. If the husband is without means, all costs must be borne by the wife alone.

Artikel 255b

When a court of first instance pronounces the dissolution of a marriage (after 5 years’ separation from bed and board) or a change has taken place within the meaning of Article 255, third paragraph (i) , it may, if there are reasonable grounds to suspect that the parent not entrusted with the guardianship will not contribute adequately to the maintenance and education of the minor children, make an order as provided for in Article 279b in the manner and with the consequences as laid down in that Article.

Where no such order has been made, the court of guardianship may sue at law for maintenance when the judgment dissolving the marriage has been entered in the civil register.

Artikel 262

During the hearing of a petition for divorce, the wife is entitled to claim maintenance, which, the amount having been determined by the court, the husband shall pay to her.

If the wife, without the court's permission, leaves the residence allotted to her, she may, depending on the circumstances, be deprived of all claim to maintenance and, where she is the petitioner, further prosecution of her petition for divorce may even be disallowed.

Artikel 274

If the spouse on whose petition divorce has been granted does not have sufficient means to maintain himself, the court may order the other spouse to contribute from his estate towards the maintenance of the petitioner.

Artikel 295, first paragraph

The provisions contained in Articles 259 to 269 inclusive, in Articles 271 to 277 inclusive, and in Article 280, are also applicable when separation from bed and board is requested by one of the spouses.

Artikel 286

Before applying for separation from bed and board (a joint application for separation from bed and board is meant in this Article) the husband and wife are required to regulate by authentic act all the conditions of the separation with regard to themselves personally, to the exercise of parental authority and to the responsibility for the maintenance and education of their children.

The arrangements which they make during the judicial procedure must be submitted for the approval of the court of first instance, and where necessary, be regulated by that court.

Artikel 338a

The father of a child born out of wedlock which has not been acknowledged by him is obliged to maintain the child and to contribute towards its maintenance and education for as long as it is under age.

The father shall be deemed to be the man who had sexual intercourse with the mother in the period between the 301st and the 179th day prior to the date of birth of the child.

Any action instituted to claim provision for maintenance and education shall be dismissed:

if the defendant can prove that the mother had sexual intercourse during the aforementioned period with another man or other men, unless it was impossible that the child could have been conceived as a result thereof, or in general,

if the court is convinced that the defendant is not the father of the child.

Artikel 338b

The claim mentioned in the foregoing article must be lodged with the court of first instance on the island where the child is domiciled. The claim is barred after the lapse of five years from the date of birth of the child.

The decision of the court, granting the claim, contains an order to pay an amount weekly, monthly or quarterly to the guardian of the child. The court of first instance stipulates as far as possible the guarantees for the payments. If due reasons exist, the court of first instance may, however, order that payment be effected in a lump sum.

Artikel 338e

As long as an illegitimate child is unable to maintain himself owing to a physical or mental handicap, the obligation to maintain the child continues after he has attained his majority.

Artikel 338f

Any person obliged to pay maintenance under the terms of Article 338a is also obliged to pay the mother the costs of her delivery and the costs of her maintenance for 6 weeks thereafter. The court shall estimate these costs reasonably and with due regard to local custom.

This obligation exists even though the child be stillborn. The claim must be lodged with the court of first instance at the place in which the mother is domiciled. The right to lodge the claim is barred after the passage of one year from the date of delivery.

Artikel 338g

Evidence as referred to in Articles 338a and 338f is not restricted to any particular method. Counter-evidence is permissible and likewise not restricted to any particular method. The decisive oath is not allowed. Article 1943 is not applicable. The hearing of witnesses and the pleading of the case shall take place in camera. The judgment shall be rendered in public.

In a case concerning maintenance as referred to in Article 338a, the mother may be heard as a witness even though she is the legal representative of her child.

Artikel 1943

It is forbidden to make partial use of a confession to the detriment of the person making the confession. The court is, however, free to make such use if the debtor has stated facts, tending to his discharge, which are proven to be false.

Artikel 338h

If the defendant acknowledges his obligation as referred to in Articles 338a and 338f, the court is empowered at any time during the hearing to stipulate that a certain payment be made for the duration of the hearing, this without prejudice to the plaintiff's right to demand in summary proceedings, on the grounds of urgency, a provisional allowance.

Artikel 347

A child, no matter how old, owes his parents respect and reverence.

The parents are obliged to maintain and educate their minor children. Loss of parental authority or guardianship does not imply that they are exempted from their obligation to contribute, proportionally to their income, towards the maintenance and education of their children.

With regard to children of full age, the provisions in the third chapter of this title are applicable.

Artikel 351

Without prejudice to what has been provided in respect of dissolution of marriage after separation from bed and board, divorce and separation from bed and board, parents who, for any reason other than their having been deprived or relieved thereof, do not have parental authority or guardianship over their minor child, shall pay weekly, monthly or quarterly to the court of guardianship an amount towards the maintenance and education of that child, the amount to be decided by the court of first instance on application by the court of guardianship.

Artikel 355

Illegitimate children who have been acknowledged are solely under guardianship.

Article 347 is applicable to them.

Article 251 is applicable to a person who has acknowledged a minor illegitimate child if for some reason other than having been relieved or deprived thereof, he does not have guardianship over that child.

Artikel 368g

A person who has been relieved or deprived of parental authority shall pay to the court of guardianship an amount towards the maintenance and education of the minor children over whom he has lost parental authority, the amount to be decided by the court of first instance on application by the court of guardianship. If the court of guardianship has petitioned that the parent be relieved or deprived of parental authority, or if, pending the investigation as referred to in Article 368c ter, the court of first instance has been requested to stipulate the amount to be paid, the amount of payment shall be stipulated in the court's decision whereby the parent is relieved or deprived of parental authority.

Artikel 370

Children are obliged to maintain their parents and other relatives in the ascending line if such persons should be without means.

Artikel 371

Sons-in-law and daughters-in-law shall likewise, and in the same cases, support their parents-in-law. This obligation ends however:

1.

if the mother-in-law marries a second time;

2.

if the spouse through whom the relationship by marriage came about and all the children born of the marriage are deceased.

Artikel 372

The obligations proceeding from the provisions contained in the two foregoing Articles are reciprocal.

Artikel 375

Should the person who is obliged to provide maintenance prove that he is unable to furnish the money required, the court of first instance may, after due investigation, order that the person entitled to maintenance be received and taken care of in the home of the person obliged to provide maintenance.

Artikel 376

Should the father or the mother of a child to whom they are obliged to provide maintenance offer to take the child into his or her home and to maintain it there, they shall then be exempted from fulfilling this obligation in any other manner.

Artikel 377

Illegitimate children and illegitimate children who have been acknowledged are obliged to maintain their parents. This is a reciprocal obligation.

Artikel 378

All agreements in virtue of which the right to maintenance is waived are null and void.

Artikel 378a

Maintenance that is due by virtue of the provisions of this Code, including the obligations to maintain and educate a minor, shall be determined in accordance with, on the one hand, the needs of the persons entitled to maintenance and, on the other hand, the income and wealth of the person obliged to pay maintenance, due regard being had to the number and relationship of the other persons whom, under this Code, he is obliged to maintain.

The method of rendering proof which is usually required by the court in the Netherlands Antilles

When the claimant has stated in his petition all the facts and circumstances which, in his opinion, in virtue of the applicable civil law, justify his claim, the rendering of proof, if the defendant denies the claim, is mainly effected through the hearing of witnesses and the production of relevant documents.

The court of the place of domicile of the defendant is normally the court competent to handle the claim. The court of the place of domicile of the claimant is frequently also considered competent. Where the claim concerns maintenance to be paid by the begetter of an illegitimate minor, the court of the place of domicile of the child is also competent to handle the claim.

21

Toetreding door Argentinië onder de volgende voorbehouden:

(a)

The Argentine Republic reserves the right, with respect to article 10 of the Convention, to restrict the application of the expression ‘highest priority’ in the light of the provisions governing exchange controls in Argentina.

(b)

In the event that another Contracting Party extends the application of the Convention to territories over which the Argentine Republic exercises sovereignty, such extension shall in no way affect the latter's rights (the reference is to article 12 of the Convention).

(c)

The Argentine Government reserves the right not to apply the procedure provided for in article 16 of the Convention in any dispute directly or indirectly related to the territories referred to in its declaration concerning article 12.

Tsjechoslowakije heeft naar aanleiding van het onder a genoemde voorbehoud op 21-04-1973 het volgende medegedeeld:

The Government of the Czechoslovak Socialist Republic does not regard as valid the reservation to article 10 of the Convention on the Recovery Abroad of Maintenance made by the Government of Argentina.

Het Verenigd Koninkrijk heeft op 13-03-1975 het volgende bezwaar gemaakt tegen de door Argentinië bij de toetreding afgelegde verklaring:

With reference to article 17 (1) of the Convention […] the Government of the United Kingdom [objects] to reservations (b) and (c) made by Argentina in respect of articles 12 and 16 upon accession to the Convention.

22

Toetreding door het Verenigd Koninkrijk van Groot-Brittannië en Noord-Ierland onder de verklaring, dat het Verdrag niet van toepassing is op enig gebied voor welks internationale betrekkingen het Verenigd Koninkrijk verantwoordelijk is.

De Regering van het Verenigd Koninkrijk van Groot-Brittannië en Noord-Ierland heeft op 29-11-1985 het Verdrag toepasselijk verklaard op het eiland Man met ingang van 29-11-1984 en op Jersey op 30-07-2003.

23

Toetreding door Australië onder een verklaring:

Australia wishes to declare, in accordance with Article 12, that with the exception of the Territory of Norfolk Island, the Convention shall not be applicable to the territories for the international relations of which Australia is responsible.

Toepasselijkverklaring door Australië voor Norfolk vanaf 12-02-1985

24

Kaapverdië heeft op 02-11-1985 de volgende verklaring afgelegd:

[…] the evidence normally required under the law of the State of the Receiving Agency for the proof of maintenance claims, the manner in which such evidence should be submitted, and other requirements to be complied with under such law, are as follows:

(a)

Certification of the degree of relationship: marriage certificate, where the claimant is the spouse and birth certificate in the case of children entitled to a maintenance allowance.

(b)

A declaration from the employer of the claimant stating his income if he is employed; if not, a declaration issued by the administrative authorities of the place of residence certifying that the claimant does not have an income.

25

De Regering van Barbados heeft in overeenstemming met artikel 3, tweede lid, medegedeeld dat

the laws of Barbados require no further evidence for the proof of maintenance claims than that which is provided for by the Convention.

26

Toetreding door Nieuw-Zeeland onder de verklaring dat het Verdrag niet van toepassing zal zijn op de Cook-eilanden, het eiland Niue en de Tokelau-eilanden.

27

De Regering van Duitsland heeft op 21-02-1991 het volgende medegedeeld:

The Federal Republic of Germany declares that the Convention on the Recovery Abroad of Maintenance of 20 June 1956 remains fully valid for the Federal Republic of Germany following the establishment of German unity on 3 October 1990. With effect from 3 October 1990, the rights and obligations deriving from the Convention relate to the entire territory of the united Germany. With regard to paragraph 3 of Article 2 of the said Convention, it is hereby communicated by way of clarification that the Receiving Agency designated, namely:

Bundesverwaltungsambt

Aussenstelle Bad Homburg

Postfach 1254

D-6380 Bad Homburg

is the Receiving Agency for the entire territory of the united Germany.

The Transmitting Agencies for the five new länder of the Federal Republic of Germany will be communicated as soon as they have been designated under the domestic law of the Federal Republic of Germany.

28

De Regering van Nieuw-Zeeland heeft overeenkomstig artikel 3, tweede lid, van het Verdrag op 08-05-1986 medegedeeld dat ‘concerning the evidence normally required in New Zealand for proof of a maintenance claim, that each maintenance application transmitted to New Zealand should include:

—

the details stated in Article 3, paragraphs 3 and 4, of the Convention

—

where possible, relevant marriage and birth certificates

—

an information sheet as in Form 3 which is part of the hereinafter mentioned Annex

—

a declaration of financial means as in Forms 1 and 4 which are part of the hereinafter mentioned Annex

—

one original and two copies of all the above-mentioned documents

—

English translations of all documents, together with the translator's qualifications.

De tekst van de mededeling ingevolge artikel 3, tweede lid, van het Verdrag met alle hierboven bedoelde bijlagen kan worden opgevraagd bij het Ministerie van Buitenlandse Zaken, Directie Verdragen.

29

De Regering van de Centraalafrikaanse Republiek heeft ingevolge artikel 2, derde lid, van het Verdrag op 02-11-1985 het volgende medegedeeld:

… a distinction should be drawn between two situations:

A.

First situation: The Central African Republic has concluded a judicial convention:

1.

With France, under the Agreement on Co-operation in Judicial Matters, dated 18 January 1965, the Agency which transmits or receives the maintenance claims is the Minister of Justice, Keeper of the Seals. Claims are received or sent in the form of writs of debt, judgements or decrees, and the Ministers of Justice of the two States transmit them to the competent official, in this case the Procureur Général at the Court of Appeals of the respondent's residence, for execution.

2.

With the African countries signatories of the Tananarive Convention of 12 September 1961, the exchanges are made through the Procureurs Généraux at the Court of Appeals.

B.

Second situation: The Central African Republic has not concluded a judicial convention with a particular country.

Claims for recovery of maintenance are transmitted by the Procureur Général at the Court of Appeals or the Minister of Justice, who refers them to the Minister for Foreign Affairs of the Central African Republic, who refers them to the Minister for Foreign Affairs of the country where the respondent resides.

Claims originating abroad follow the same procedure.

(VN-vertaling)

Overeenkomstig artikel 3, tweede lid, van het Verdrag heeft de Regering van de Centraalafrikaanse Republiek, op 02-11-1985 het volgende medegedeeld:

—

The name of the agency which issued the document

—

The nature of the document in question

—

The name and capacity of the parties

—

The name and address of the addressee.

Proof of delivery of the document shall take the form of either a receipt dated and signed by the addressee or a certificate issued by the Receiving Agency which states the fact of receipt and the month and date of the delivery. One or the other of these proofs shall be sent directly to the Transmitting Agency.

(VN-vertaling)

30

Verklaringen van voortgezette gebondenheid van Bosnië-Herzegowina op 01-09-1993, van Kroatië op 20-09-1993, van Slovenië op 01-07-1992, van de Voormalige Joegoslavische Republiek Macedonië op 10-03-1994 en van de Federatieve Republiek Joegoslavië op 12-03-2001.

31

Verklaring van voortgezette gebondenheid van Bosnië-Herzegowina op 01-09-1993.

32

Verklaring van voortgezette gebondenheid van Kroatië op 20-09-1993.

Kroatië heeft op 17-09-2019 de volgende verklaring afgelegd:

[…] that, in accordance with article 2, paragraph 3 of the Convention, the following office has been designated to act as the Transmitting agency:

Ministarstvo za demografiju, obitelj, mlade i socijalnu politiku (Ministry for Demography, Family, Youth and Social Policy)

Kroatië heeft op 10-06-2021 de volgende verklaring afgelegd:

[…] that, in accordance with article 2 of the Convention, the following authority has been designated to act as Receiving Agency and Transmitting Agency:

Ministarstvo rada, mirovinskoga sustava, obitelji i socijalne politike (Ministry of Labour, Pension System, Family and Social Policy)

33

Verklaring van voortgezette gebondenheid van Slovenië op 01-07-1992.

Slovenië heeft op 21-04-2017 de volgende verklaring afgelegd:

… pursuant to Article 2, paragraph 3 of the Convention… the following office has been designated as the Transmitting and Receiving Agency as from 1 April 2017 onwards:

Javni štipendijski, razvojni, invalidski in preživninski sklad.Republike Slovenije

(Public Scholarship, Development, Disability and Maintenance Fund of the Republic of Slovenia)

Slovenië heeft op 02-11-2020 de volgende verklaring afgelegd:

The Government of Slovenia updated the Transmitting and Receiving Agency as follows:

Javni štipendijski, razvojni, invalidski in preživninski sklad Republike Slovenije

(Public Scholarship, Development, Disability and Maintenance Fund of the Republic of Slovenia)

34

Verklaring van voortgezette gebondenheid van de Voormalige Joegoslavische Republiek Macedonië op 10-03-1994.

35

Verklaringen van voortgezette gebondenheid van Slowakije op 28-05-1993 en van de Tsjechische Republiek op 30-09-1993.

36

Verklaring van voortgezette gebondenheid van Slowakije op 28-05-1993.

37

Verklaring van voortgezette gebondenheid van de Tsjechische Republiek op 30-09-1993.

38

Toetreding door Ierland onder aanwijzing van autoriteiten.

39

Toetreding door Belarus onder de volgende verklaring:

[…]

Pursuant to article 3, paragraph 2, we have the honour to inform you that, for the recovery of maintenance in the territory of the Republic of Belarus, the Transmitting Agencies of the States parties to the Convention are obliged to submit the following documents:

1.

Claimant's application for the recognition and execution of the court decision.

2.

The court decision or a certified copy thereof and the official document concerning the decision's entry into force.

3.

The document indicating that the party against whom the decision was taken and who did not take part in the court proceedings was duly notified or represented.

4.

The document confirming partial execution of decisions at the time of its transmittal. Samples of the aforementioned documents are annexed hereto.

[…]

40

Verklaring van voortgezette gebondenheid van de Federatieve Republiek Joegoslavië op 12-03-2001.

41

Toetreding door de Seychellen onder de volgende verklaring:

The Republic of Seychelles reserves the right, with respect to article 10 of the Convention, to restrict the application of the expression ‘highest priority’ in the light of the legal provisions governing exchange control in Seychelles.

42

Toetreding door Moldavië onder de volgende verklaring:

Until the full re-establishment of the territorial integrity of the Republic of Moldova, the provisions of the Convention shall be applied only on the territory controlled effectively by the authorities of the Republic of Moldova.

43

Colombia heeft op 27-10-2003 de volgende verklaring afgelegd:

Proceedings relating to maintenance for minors

‘Maintenance’ is understood to mean everything essential for the support, housing, clothing, medical treatment, recreation, comprehensive training and education or instruction of the minor. Maintenance shall include the obligation to pay the mother's pregnancy and childbirth expenses. Article 133, Decree No. 2737 of 1989, Minors' Code.

Every minor is entitled to the protection, care and assistance necessary to achieve adequate physical, mental, moral and social development, and such rights are recognized from the time of conception. Article 3 of Decree No. 2737, Minors' Code.

In the event of non-compliance with the maintenance obligation towards a minor, a request for conciliation may be submitted to the Family Ombudsman, the competent judges, the Family Commissioner or the Corrections Inspector of the minor's place of residence by either parent, by the child's relatives, by the guardian or person caring for the child or motu proprio. Article 136, Decree No. 2737 of 1989, Minors' Code.

The right to claim maintenance may not be waived and is non-transferable in the event of death. The right to claim maintenance may not be sold or assigned in any way.

The person owing maintenance (respondent) may not ask the claimant to offset that debt with sums owed to him by the claimant.

Even if the parents have been deprived of parental authority, their maintenance obligation does not cease. This obligation ceases when the minor is adopted.

As long as the respondent does not fulfil or agree to fulfil the maintenance obligation towards the minor, he may not claim custody and personal care or exercise other rights over the minor.

When necessary, the judge will decide who is to have custody and care of the minor(s) on whose behalf the proceedings were instituted, without prejudice to the relevant judicial actions. Article 150, Decree No. 2737, Minors' Code.

An expectant mother may claim maintenance in respect of the offspring of the legitimate father (husband) or of the man who has recognized paternity in the case of a child to be born out of wedlock. Article 135, Decree No. 2737 of 1989, Minors' Code.

Conciliation

Act No. 23 of 1991, Act No. 446 of 1998 and Act No. 640 of 2001

Article 35 of Act No. 640 of 2001. ‘Admissibility requirement. In cases suitable for conciliation, extrajudicial conciliation as of right is an admissibility requirement for application to the civil, administrative law, labour and family courts, as specified in this Act for each of these areas.’

Accordingly, in requests for imposition of maintenance payments for a minor, the child's mother or father or the child's relatives or officials dealing with the case may initiate conciliation with the person obligated to pay such maintenance.

In this case, the (non-compliant) person obligated to pay maintenance will be summoned to the office of the Family Commissioner, the Family Ombudsman or the competent judge to try to reach agreement on the amount of the maintenance payments, the means of making them, their timing and guarantees of observance. The respondent may authorize deduction from his salary of the agreed amounts.

When conciliation has produced agreement on the maintenance figure, method of payment, timing of the payments and relevant guarantee, a record will be prepared for signature by the presiding official and the parties. The official will then approve it by means of a writ and the conciliation will thus become enforceable; in other words, in case of non-compliance by the respondent, maintenance enforcement proceedings will be initiated.

If the person summoned does not appear, after being summoned twice and after the reason for the summons has been given, or if the conciliation fails, the official may establish a provisional maintenance figure and the writ establishing it will be enforceable. The official must submit the claim for maintenance to the competent judge in order for the figure provisionally established to be confirmed by the judge.

Maintenance conciliations may vary depending on the circumstances of the person obligated to pay maintenance and the needs of the person receiving the financial support. In addition, the judicial decision awarding maintenance may be reviewed in order to revise the maintenance figure, when the respondent is the father of another minor or other minors.

The conciliation record must contain the following information:

Place, date and time of the conciliation hearing;

Name of the Conciliator;

Name of the persons summoned to the conciliation and indication of who attended the proceedings;

Brief account of the claims that are the subject of the conciliation;

Agreement reached by the parties during the proceedings.

Each of the parties participating in the conciliation must receive a copy of the record.

Claims for maintenance for minors

Claims for maintenance for minors are dealt with in the manner established in Decree No. 2737 of 1989 (Minors' Code); as specified in Decree No. 2272 of 1989, the decision is not subject to appeal.

Claims for maintenance must contain the name of the parties, their address for notification purposes (place of residence, domicile, whereabouts or place of work), the amount of maintenance claimed, the justification for the claim and the evidence adduced and must be accompanied by any documents in the possession of the claimant.

Claims may be submitted orally or in writing. If any document is missing that the claimant is unable to attach, the judge may, at the request of a party or ex officio, order the relevant authority to issue the document.

If he deems it necessary, the judge may order attachment of the respondent's salary (in an amount that he considers appropriate) in the writ authorizing submission of the claim (in order to guarantee fulfilment of the maintenance obligation), for which purpose he shall communicate officially with the respondent's employer. He may also order retention of an amount that he considers appropriate from the respondent's severance pay, in order to guarantee the minor's maintenance in the event that the respondent resigns or is laid off from his employment.

Evidence

Any judicial decision must be based on the evidence duly and regularly produced in the proceedings. Article 174 of the Code of Civil Procedure.

Means of proof. The means of proof are statements by the parties, responses under oath, testimony of third parties, expert opinions, physical examination of exhibits, documents, circumstantial evidence and any other means that may help the judge to form an opinion. Article 175 of the Code of Civil Procedure.

Evidence located abroad

When the civil proceedings require formalities on foreign territory, the judge may, depending on the nature and urgency of the matter:

1.

Send letters rogatory, through the Ministry of Foreign Affairs, to one of the judicial authorities in the country where the formalities are to take place so that it may conduct them and send the evidence back through the diplomatic or consular agent of Colombia or of a friendly country.

2.

Directly request the consul or diplomatic agent of Colombia in the country concerned to conduct the formalities in accordance with national legislation and to send the evidence back directly. The consuls and diplomatic agents of Colombia abroad are authorized to conduct all the judicial formalities in civil cases entrusted to them under article 193 of the Code of Civil Procedure.

Evidence is provided at the request of the parties or following an official order from the judge, if he considers it necessary for verification of the facts alleged by the parties. The cost of providing evidence is shared equally by the parties, without prejudice to the judge's decision regarding the costs of the proceedings.

Deposition. Statement made before the judge in exercise of his functions. Other statements are extra-judicial. Questioning. The judge may officially summon the parties to answer under oath any questions he wishes to put to them. He may also summon one of the parties, at the request of the other, provided that the request is made in due form.

Oath. When the law authorizes the judge to request any of the parties to take an oath, the oath must be taken at the time when the evidence is to be presented, at the date and time appointed.

Statements by third parties. All persons are obliged to make statements if requested, except in the cases specified by law.

Expert opinion. An opinion requiring the participation of experts or persons specializing in specific scientific, technical or artistic subjects.

Physical examination of exhibits. Proof established by verification of certain facts germane to the proceedings.

Circumstantial evidence. In order for a fact to be considered as circumstantial evidence, it must be fully proved in the proceedings. The judge is authorized to deduce circumstantial evidence from the behaviour of the parties.

Documents. Documents may be public or private. Public documents are those issued by a public official in the performance of his duties or with his intervention. Private documents are those not meeting the requirements to be considered as public documents.

Authentic document. A document regarding which certainty exists as to the person who drafted, wrote or signed it. A public document is presumed to be authentic, unless the contrary is proved by evidence of forgery. Private documents are authentic if they meet the requirements specified by law.

In order for proceedings to be initiated for recovery of maintenance for minors, the relationship between the minor claiming maintenance and the person obligated to provide it must be proved. This shall be done by reference to the Civil Registry where the minor's birth is recorded. The financial ability of the respondent to provide maintenance must also be proved, even summarily (reason to believe). If such ability cannot be proved, an analysis will have to be made of the respondent's social position and habits and it will ultimately be presumed that the respondent will pay the minor the minimum wage.

In order to demonstrate the respondent's ability to pay, a certificate of income and statutory allowances, if he is employed, may be requested as evidence (documentary or oral). The Land Registry Office may be requested to report on immovable property owned by the respondent. The Transit and Transport Secretariat may be asked to determine the ownership of automobiles registered to the respondent. The Chamber of Commerce may be asked to establish the respondent's ownership of or participation in commercial firms. The national Tax Office may be asked to provide the respondent's tax return, and credit or banking institutions may be asked to report on the respondent's balances and on credit card usage. Oral evidence may also be sought, in which persons are asked about the respondent's income.

Maintenance is due at the time of the first claim and must be paid monthly in advance, during the first five days of the month in question. Article 421 of the Civil Code, in conformity with the second paragraph of article 498 of the Code of Civil Procedure, Decree No. 2282 of 1989.

The maintenance order may specify:

An amount to be deducted from the respondent's pay or salary, which may not exceed 50 per cent of his monthly income. Establishment of a fund, the income from which will be used to make the established maintenance payments.

A specific sum of money, depending on the respondent's demonstrated ability to pay.

Maintenance payments will increase annually, either in order to reflect cost-of-living increases or as agreed between the parties during the conciliation.

Maintenance enforcement proceedings

In the event of non-compliance with the maintenance obligation agreed during the conciliation or decreed by decision of the judge, the family judge concerned may initiate maintenance enforcement proceedings, with the legal consequences, if necessary, of attachment and auction of property.

Complaints of failure to provide maintenance

‘Any person who without good reason fails to provide maintenance legally due to his relatives in the ascending line, descendants, adopter or adoptee, or spouse shall be liable to imprisonment for a term ranging from one (1) to three (3) years and a fine ranging from ten (10) to twenty (20) times the monthly legal minimum wage in force.’

‘The penalty shall be imprisonment ranging from two (2) to four (4) years and a fine ranging from fifteen (15) to twenty-five (25) times the monthly legal minimum wage in force if the failure to provide maintenance concerns a minor under fourteen (14) years of age.’ Article 233 of the Penal Code.

‘Aggravating circumstances. The penalty specified in the preceding article shall be increased by up to one third if the respondent has fraudulently concealed, reduced or encumbered his income or assets in order to avoid paying maintenance.’ Article 234 of the Penal Code.

‘Repetition. Enforcement of the sentence shall not preclude the initiation of further proceedings if the person concerned again fails to make maintenance payments.’ Article 235 of the Penal Code.

44

Toetreding door Oekraïne onder de volgende verklaring:

Pursuant to the Article 2 of the Convention the Ministry of Justice of Ukraine has been identified as the Transmitting and Receiving Agency.

Oekraïne heeft op 20-10-2015 de volgende verklaring afgelegd:

In February 2014 the Russian Federation launched armed aggression against Ukraine and occupied a part of the territory of Ukraine – the Autonomous Republic of Crimea and the city of Sevastopol, and today exercises effective control over certain districts of the Donetsk and Luhansk oblasts of Ukraine.

These actions are in gross violation of the Charter of the United Nations and constitute a threat to international peace and security. The Russian Federation, as the Aggressor State and Occupying Power, bears full responsibility for its actions and their consequences under international law.

The United Nations General Assembly Resolution A/RES/68/262 of 27 March 2014 confirmed the sovereignty and territorial integrity of Ukraine within its internationally recognized borders. The United Nations also called upon all States, international organizations and specialized agencies not to recognize any alteration of the status of the Autonomous Republic of Crimea and the city of Sevastopol.

In this regard, Ukraine states that from 20 February 2014 and for the period of temporary occupation by the Russian Federation of a part of the territory of Ukraine – the Autonomous Republic of Crimea and the city of Sevastopol – as a result of the armed aggression of the Russian Federation committed against Ukraine and until the complete restoration of the constitutional law and order and effective control by Ukraine over such occupied territory, as well as over certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine as a result of the aggression of the Russian Federation, the application and implementation by Ukraine of the obligations under the above [Convention], as applied to the aforementioned occupied and uncontrolled territory of Ukraine, is limited and is not guaranteed.

Documents or requests made or issued by the occupying authorities of the Russian Federation, its officials at any level in the Autonomous Republic of Crimea and the city of Sevastopol and by the illegal authorities in certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine, are null and void and have no legal effect regardless of whether they are presented directly or indirectly through the authorities of the Russian Federation.

The provisions of the [Convention] regarding the possibility of direct communication or interaction do not apply to the territorial organs of Ukraine in the Autonomous Republic of Crimea and the city of Sevastopol, as well as in certain districts of the Donetsk and Luhansk oblasts of Ukraine, which are temporarily not under control of Ukraine. The procedure of the relevant communication is determined by the central authorities of Ukraine in Kyiv.

Oekraïne heeft op 04-03-2022 de volgende verklaring afgelegd:

… Ukraine … is unable to guarantee full implementation of its obligations [under the above Convention] due to the Armed aggression of the Russian Federation and with the imposition of martial law until the complete cessation of encroachment on the sovereignty, territorial integrity and inviolability of Ukraine.

Oekraïne heeft op 20-11-2023 de volgende verklaring afgelegd:

[The aforementioned treaty is] implemented on the territory of Ukraine in full, with the exception of the territories where hostilities are (were) conducted, or temporarily occupied by the Russian Federation, on which it is impossible to fully guarantee the Ukrainian Party’s fulfillment of its obligations under [this treaty] as a result of the armed aggression of the Russian Federation against Ukraine, as well as the introduction of martial law on the territory of Ukraine until the complete cessation of encroachment on the sovereignty, territorial integrity and inviolability of the borders of Ukraine.

The regularly updated list of territories where hostilities are (were) conducted, or temporarily occupied by the Russian Federation is at the link below:

https://zakon.rada.gov.ua/laws/show/z1668-22#Text ...

45

Verklaring van voortgezette gebondenheid van Montenegro op 23-10-2006.

46

Verklaring van voortgezette gebondenheid van Montenegro op 23-10-2006.

47

Montenegro heeft op 09-07-2007 een verklaring afgelegd.

48

Ierland heeft op 25-06-2007 een verklaring afgelegd.

49

Duitsland heeft op 14-12-2007 een verklaring afgelegd.

50

Moldavië heeft op 07-11-2007 de volgende verklaring afgelegd:

In its capacity as Receiving Agency, the Ministry of Justice shall limit the performance of its duties to receiving documents from foreign claimants and, where appropriate, communicating replies. It will also have the right, pursuant to article 3, paragraph 3, of the aforementioned Convention, to appoint the national authority authorized to act on behalf of the claimant.

Pursuant to article 3, paragraph 2, of the aforementioned Convention, the evidence required for the proof of maintenance claims is as follows:

–

the power of attorney granted to the Receiving Agency of the country in which the respondent is domiciled;

–

a certified copy of the marriage or divorce certificate, as appropriate;

–

a certified copy of the child's birth certificate.

For claimants over the age of 18 who do not have a regular income, the following is also required:

–

a statement of monthly income and a certificate concerning the increase in maintenance;

–

any other documents attesting to the claimant's delicate financial situation (school certificates, medical certificates in the case of disabled persons, etc.);

–

the bank account of the claimant into which the respondent may transfer maintenance payments from abroad;

–

photographs, where available, of the claimant and respondent;

–

such other additional documents as may be requested by the courts.

The aforementioned documents must be submitted in duplicate, both copies having been duly authorized.

The Republic of Moldova hereby declares that all documents submitted to the Republic of Moldova pursuant to the provisions of the Convention must be accompanied by certified translations into Moldovan.

51

De Heilige Stoel heeft op 27-10-2017 de volgende verklaring afgelegd:

(…) that the Holy See has designated the Office of Protocol - General Affairs Section, Secretariat of State, 00120 Vatican City, to act in its territory [as Transmitting and Receiving Agency] replacing ’Giudice Unico’.

52

Mexico heeft op 09-11-2017 de volgende verklaring afgelegd:

Notification under Article 2

(…) the [Government] of Mexico wishes to update the information of the Mexican central authority regarding the aforementioned Convention and transmits the following details (…):

Transmitting Agency and Remitting Agency:

Secretaría de Relaciones Exteriores

Dirección General de Protección a Mexicanos en el Exterior

Dirección General Adjunta de Derecho de Familia

53

Zwitserland heeft op 10-09-2019 de volgende verklaring afgelegd:

Notification under article 2: […] the following Office has been designated to act as the Transmitting and Receiving Agencies: Federal Office of Justice Central authority for international maintenance matters

54

Kirgistan heeft op 06-05-2020 de volgende verklaring afgelegd:

[…], in accordance with article 2, paragraphs 1 and 2 of the Convention, the following Office has been designated to act as the Transmitting and Receiving Agencies:

Judicial Department under the Supreme Court of the Kyrgyz Republic.

55

Denemarken heeft op 30-09-2022 de volgende verklaring afgelegd:

[…] that the following authorities have been designated to act as Transmitting and Receiving Agencies.

Transmitting Agency

Gaeldsstyrelsen

Receiving Agency

Familieretshuset

56

Noorwegen heeft op 30-11-2023 de volgende verklaring afgelegd:

[...], in accordance with article 2 (3) of the Convention, that the following authority has been designated to act as Transmitting Agency and Receiving Agency:

NAV Family Benefits and Pensions Child Support

Postboks 6600

Etterstad N-0607 OSLO Norway

e-mail: central.authority.child.support@nav.no.

Deze functie is alleen te gebruiken als je bent ingelogd.