Article 45

Geldend

Documentgegevens:

Geldend vanaf 01-01-2009

Redactionele toelichting: De inwerkingtreding is afkomstig van de Verdragenbank op www.minbuza.nl.
Bronpublicatie:: 13-01-2000, Trb. 2000, 10 (uitgifte: 17-02-2000, kamerstukken/regelingnummer: -)
Inwerkingtreding: 01-01-2009
Bronpublicatie inwerkingtreding:: 13-01-2000, Trb. 2000, 10 (uitgifte: 17-02-2000, kamerstukken/regelingnummer: -)
Vakgebied(en): Personen- en familierecht / Bescherming meerderjarige

In relation to a State in which two or more systems of law or sets of rules of law with regard to any matter dealt with in this Convention apply in different territorial units —

a)

any reference to habitual residence in that State shall be construed as referring to habitual residence in a territorial unit;

b)

any reference to the presence of the adult in that State shall be construed as referring to presence in a territorial unit;

c)

any reference to the location of property of the adult in that State shall be construed as referring to location of property of the adult in a territorial unit;

d)

any reference to the State of which the adult is a national shall be construed as referring to the territorial unit designated by the law of that State or, in the absence of relevant rules, to the territorial unit with which the adult has the closest connection;

e)

any reference to the State whose authorities have been chosen by the adult shall be construed

—: as referring to the territorial unit if the adult has chosen the authorities of this territorial unit;
—: as referring to the territorial unit with which the adult has the closest connection if the adult has chosen the authorities of the State without specifying a particular territorial unit within the State;

f)

any reference to the law of a State with which the situation has a substantial connection shall be construed as referring to the law of a territorial unit with which the situation has a substantial connection;

g)

any reference to the law or procedure or authority of the State in which a measure has been taken shall be construed as referring to the law or procedure in force in such territorial unit or authority of the territorial unit in which such measure was taken;

h)

any reference to the law or procedure or authority of the requested State shall be construed as referring to the law or procedure in force in such territorial unit or authority of the territorial unit in which recognition or enforcement is sought;

i)

any reference to the State where a measure of protection is to be implemented shall be construed as referring to the territorial unit where the measure is to be implemented;

j)

any reference to bodies or authorities of that State, other than Central Authorities, shall be construed as referring to those authorised to act in the relevant territorial unit.