Einde inhoudsopgave
Protocol on the law applicable to maintenance obligations
Article 4 Special rules favouring certain creditors
Geldend
Geldend vanaf 01-08-2013
- Bronpublicatie:
23-11-2007, Trb. 2011, 145 (uitgifte: 19-08-2011, kamerstukken/regelingnummer: -)
- Inwerkingtreding
01-08-2013
- Bronpublicatie inwerkingtreding:
16-03-2021, Trb. 2021, 35 (uitgifte: 16-03-2021, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Financiële dienstverlening (V)
Financiële planning (V)
Hypotheken (V)
1.
The following provisions shall apply in the case of maintenance obligations of -
- a)
parents towards their children;
- b)
persons, other than parents, towards persons who have not attained the age of 21 years, except for obligations arising out of the relationships referred to in Article 5; and
- c)
children towards their parents.
2.
If the creditor is unable, by virtue of the law referred to in Article 3, to obtain maintenance from the debtor, the law of the forum shall apply.
3.
Notwithstanding Article 3, if the creditor has seized the competent authority of the State where the debtor has his habitual residence, the law of the forum shall apply. However, if the creditor is unable, by virtue of this law, to obtain maintenance from the debtor, the law of the State of the habitual residence of the creditor shall apply.
4.
If the creditor is unable, by virtue of the laws referred to in Article 3 and paragraphs 2 and 3 of this Article, to obtain maintenance from the debtor, the law of the State of their common nationality, if there is one, shall apply.