Einde inhoudsopgave
Protocol on the law applicable to maintenance obligations
Article 8 Designation of the applicable law
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.
Notwithstanding Articles 3 to 6, the maintenance creditor and debtor may at any time designate one of the following laws as applicable to a maintenance obligation -
- a)
the law of any State of which either party is a national at the time of the designation;
- b)
the law of the State of the habitual residence of either party at the time of designation;
- c)
the law designated by the parties as applicable, or the law in fact applied, to their property regime;
- d)
the law designated by the parties as applicable, or the law in fact applied, to their divorce or legal separation.
2.
Such agreement shall be in writing or recorded in any medium, the information contained in which is accessible so as to be usable for subsequent reference, and shall be signed by both parties.
3.
Paragraph 1 shall not apply to maintenance obligations in respect of a person under the age of 18 years or of an adult who, by reason of an impairment or insufficiency of his or her personal faculties, is not in a position to protect his or her interests.
4.
Notwithstanding the law designated by the parties in accordance with paragraph 1, the question of whether the creditor can renounce his or her right to maintenance shall be determined by the law of the State of the habitual residence of the creditor at the time of the designation.
5.
Unless at the time of the designation the parties were fully informed and aware of the consequences of their designation, the law designated by the parties shall not apply where the application of that law would lead to manifestly unfair or unreasonable consequences for any of the parties.