Convention between the Kingdom of the Netherlands and the United Kingdom of Great Britain and Northern Ireland providing for the Reciprocal Recognition and Enforcement of Judgments in Civil Matters
Article I
Geldend
Geldend vanaf 21-09-1969
- Bronpublicatie:
17-11-1967, Trb. 1967, 197 (uitgifte: 15-12-1967, kamerstukken/regelingnummer: -)
- Inwerkingtreding
21-09-1969
- Bronpublicatie inwerkingtreding:
19-08-1969, Trb. 1969, 131 (uitgifte: 01-01-1969, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Internationaal privaatrecht / Internationaal erkennings- en executierecht
For the purposes of this Convention:
- 1.
The word ‘territory’ means:
- (a)
in relation to the United Kingdom of Great Britain and Northern Ireland (hereinafter referred to as ‘the United Kingdom’), England and Wales, Scotland, and Northern Ireland and any territories in respect of which this Convention is in force by reason of an extension under paragraph 1 (a) of Article X; and
- (b)
in relation to the Kingdom of the Netherlands, the European part of the Kingdom and any other part of the Kingdom in respect of which this Convention is in force by reason of an extension under paragraph 1 (b) of Article X.
- 2.
The word ‘judgment’ means any decision of a court, however described (judgment, order and the like), by which the rights of the parties are finally determined, notwithstanding that an appeal may be pending against the judgment or that it may be subject to appeal in the courts of the country of the original court. A ‘gerechtelijke minnelijke schikking’ shall also be deemed to be a judgment for the purposes of this Convention. If the amount of the costs or interest to be paid under a judgment is not fixed by the judgment itself but by a separate court order, such order shall be deemed to be part of the judgment for the purposes of this Convention.
- 3.
The words ‘action in rem’ mean an action which seeks to obtain a judgment which is conclusive not only against the parties to the proceedings but also against any other person claiming an interest in the subject matter of the action.
- 4.
The words ‘original court’ mean in relation to any judgment the court by which such judgment was given; and the words ‘court applied to’, the court in which it is sought to obtain recognition of a judgment or to which an application for the registration of a judgment or for the grant of execution is made.
- 5.
The words ‘judgment debtor’ mean the person against whom the judgment was given in the original court and include, where necessary, any person against whom such judgment is enforceable under the law of the country of the original court; and the words ‘judgment creditor’, the person in whose favour the judgment was given, and include, where necessary, any other person in whom the rights under the judgment have become vested.
- 6.
The word ‘appeal’ includes any proceeding by way of discharging or setting aside a judgment or an application for a new trial or a stay of execution.