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 VIII
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
1.
From the date on which it is granted registration under Article VI or execution under Article VII a judgment shall, for the purposes of its execution by virtue of that grant, have effect in the country of the court applied to as if it were a judgment originally given in that country on that date.
2.
The procedure for the registration of a judgment under Article VI and the procedure for the grant of execution of a judgment under Article VII shall be as simple and rapid as possible, and no security for costs shall be required of any person making application for such registration or for the grant of execution.
3.
A period of not less than six years, running from the date of the judgment of the original court, if no appeal has been brought to a higher court in the country of the original court, or from the date of the judgment given in last instance if such an appeal has been brought, shall be allowed by the court applied to for the purpose of making any application for registration or for a grant of execution.
4.
If it is found by the court applied to that the judgment of the original court is in respect of different matters and that one or more, but not all, of the provisions of the judgment are such that, if those provisions had been contained in separate judgments, those judgments could properly have been registered or could have been granted execution, the judgment may be registered or granted execution in respect only of the provisions aforesaid.
5.
If it is found by the court applied to that the judgment has been, at the date of the application partly but not wholly satisfied by payment, the judgment shall be registered or execution shall be granted in respect of the balance remaining payable at that date provided that the judgment is otherwise one which would be enforceable under the provisions of this Convention.
6.
If under a judgment a sum of money is payable, which is expressed in a currency other than that of the country of the court applied to, the law of that country shall determine if, and if so, in what manner and on what conditions, the amount payable under the judgment may or shall be converted into the currency of that country for the purposes of the satisfaction or enforcement of the judgment debt.
7.
When granting registration or execution, the court applied to shall, if so requested by the judgment creditor, include the reasonable costs of and incidental to the grant of registration or of execution.
8.
Where a judgment is granted registration or execution it shall carry, in respect of the period up to the date of the grant, interest at the rate specified in the judgment or in any certificate of the original court accompanying the judgment. As from the date of the grant, interest shall be allowed at 4% per annum on the total sum (principal and interest) in respect of which the registration or execution is granted.