CONVENTION ON JURISDICTION, APPLICABLE LAW, RECOGNITION,
ENFORCEMENT AND CO-OPERATION IN RESPECT OF PARENTAL RESPONSIBILITY AND MEASURES
FOR THE PROTECTION OF CHILDREN
(Concluded 19 October 1996)
The States
signatory to the present Convention,
Considering the
need to improve the protection of children in international situations,
Wishing to avoid
conflicts between their legal systems in respect of jurisdiction, applicable
law, recognition and enforcement of measures for the protection of children,
Recalling the
importance of international co-operation for the protection of children,
Confirming that
the best interests of the child are to be a primary consideration,
Noting that the Convention of 5 October 1961 concerning the
powers of authorities and the law applicable in respect of the protection of
minors is in need of revision,
Desiring to
establish common provisions to this effect, taking into account the United Nations Convention on the Rights of the
Child of 20 November 1989,
Have agreed on
the following provisions -
chapter i -
scope of the convention
Article 1
(1) The
objects of the present Convention are -
a) to determine the State whose authorities
have jurisdiction to take measures directed to the protection of the person or
property of the child;
b) to determine which law is to be
applied by such authorities in exercising their jurisdiction;
c) to determine the law applicable
to parental responsibility;
d) to provide for the recognition
and enforcement of such measures of protection in all Contracting States;
e) to establish such co-operation
between the authorities of the Contracting States as may be necessary in order
to achieve the purposes of this Convention.
(2) For
the purposes of this Convention, the term ‘parental responsibility' includes
parental authority, or any analogous relationship of authority determining the
rights, powers and responsibilities of parents, guardians or other legal
representatives in relation to the person or the property of the child.
Article 2
The Convention
applies to children from the moment of their birth until they reach the age of
18 years.
Article 3
The measures
referred to in Article 1 may deal in particular with -
a) the
attribution, exercise, termination or restriction of parental responsibility,
as well as its delegation;
b) rights of custody, including
rights relating to the care of the person of the child and, in particular, the
right to determine the child's place of residence, as well as rights of access
including the right to take a child for a limited period of time to a place
other than the child's habitual residence;
c) guardianship, curatorship and
analogous institutions;
d) the designation and functions
of any person or body having charge of the child's person or property,
representing or assisting the child;
e) the placement of the child in a
foster family or in institutional care, or the provision of care by kafala or an analogous institution;
f) the supervision by a public
authority of the care of a child by any person having charge of the child;
g) the administration,
conservation or disposal of the child's property.
Article 4
The Convention
does not apply to -
a) the
establishment or contesting of a parent-child relationship;
b) decisions on adoption, measures
preparatory to adoption, or the annulment or revocation of adoption;
c) the name and forenames of the
child;
d) emancipation;
e) maintenance obligations;
f) trusts or succession;
g) social security;
h) public measures of a general
nature in matters of education or health;
i) measures taken as a result of
penal offences committed by children;
j) decisions on the right of
asylum and on immigration.
Article 5
(1) The
judicial or administrative authorities of the Contracting State of the habitual
residence of the child have jurisdiction to take measures directed to the
protection of the child's person or property.
(2)
Subject to Article 7, in case of a change of the child's habitual residence to
another Contracting State, the authorities of the State of the new habitual
residence have jurisdiction.
Article 6
(1) For
refugee children and children who, due to disturbances occurring in their
country, are internationally displaced, the authorities of the Contracting
State on the territory of which these children are present as a result of their
displacement have the jurisdiction provided for in paragraph 1 of Article 5.
(2) The
provisions of the preceding paragraph also apply to children whose habitual
residence cannot be established.
Article 7
(1) In
case of wrongful removal or retention of the child, the authorities of the
Contracting State in which the child was habitually resident immediately before
the removal or retention keep their jurisdiction until the child has acquired a
habitual residence in another State, and
a) each person, institution or other
body having rights of custody has acquiesced in the removal or retention; or
b) the child has resided in that
other State for a period of at least one year after the person, institution or
other body having rights of custody has or should have had knowledge of the
whereabouts of the child, no request for return lodged within that period is
still pending, and the child is settled in his or her new environment.
(2) The
removal or the retention of a child is to be considered wrongful where -
a) it is in breach of rights of
custody attributed to a person, an institution or any other body, either
jointly or alone, under the law of the State in which the child was habitually
resident immediately before the removal or retention; and
b) at the time of removal or
retention those rights were actually exercised, either jointly or alone, or
would have been so exercised but for the removal or retention.
The rights of
custody mentioned in sub-paragraph a above,
may arise in particular by operation of law or by reason of a judicial or
administrative decision, or by reason of an agreement having legal effect under
the law of that State.
(3) So
long as the authorities first mentioned in paragraph 1 keep their jurisdiction,
the authorities of the Contracting State to which the child has been removed or
in which he or she has been retained can take only such urgent measures under
Article 11 as are necessary for the protection of the person or property of the
child.
Article 8
(1) By way
of exception, the authority of a Contracting State having jurisdiction under
Article 5 or 6, if it considers that the authority of another Contracting State
would be better placed in the particular case to assess the best interests of
the child, may either
- request that other authority,
directly or with the assistance of the Central Authority of its State, to
assume jurisdiction to take such measures of protection as it considers to be
necessary, or
- suspend consideration of the case and invite the parties to introduce
such a request before the authority of that other State.
(2) The
Contracting States whose authorities may be addressed as provided in the
preceding paragraph are
a) a State of which the child is a
national,
b) a State in which property of
the child is located,
c) a State whose authorities are
seised of an application for divorce or legal separation of the child's
parents, or for annulment of their marriage,
d) a State with which the child
has a substantial connection.
(3) The
authorities concerned may proceed to an exchange of views.
(4) The
authority addressed as provided in paragraph 1 may assume jurisdiction, in
place of the authority having jurisdiction under Article 5 or 6, if it
considers that this is in the child's best interests.
Article 9
(1) If the
authorities of a Contracting State referred to in Article 8, paragraph 2,
consider that they are better placed in the particular case to assess the
child's best interests, they may either
- request the competent authority
of the Contracting State of the habitual residence of the child, directly or
with the assistance of the Central Authority of that State, that they be
authorised to exercise jurisdiction to take the measures of protection which
they consider to be necessary, or
- invite the parties to introduce such a request before the authority of
the Contracting State of the habitual residence of the child.
(2) The
authorities concerned may proceed to an exchange of views.
(3) The
authority initiating the request may exercise jurisdiction in place of the
authority of the Contracting State of the habitual residence of the child only
if the latter authority has accepted the request.
Article 10
(1)
Without prejudice to Articles 5 to 9, the authorities of a Contracting State
exercising jurisdiction to decide upon an application for divorce or legal
separation of the parents of a child habitually resident in another Contracting
State, or for annulment of their marriage, may, if the law of their State so
provides, take measures directed to the protection of the person or property of
such child if
a) at the time of commencement of the
proceedings, one of his or her parents habitually resides in that State and one
of them has parental responsibility in relation to the child, and
b) the jurisdiction of these
authorities to take such measures has been accepted by the parents, as well as
by any other person who has parental responsibility in relation to the child,
and is in the best interests of the child.
(2) The
jurisdiction provided for by paragraph 1 to take measures for the protection of
the child ceases as soon as the decision allowing or refusing the application
for divorce, legal separation or annulment of the marriage has become final, or
the proceedings have come to an end for another reason.
Article 11
(1) In all
cases of urgency, the authorities of any Contracting State in whose territory
the child or property belonging to the child is present have jurisdiction to
take any necessary measures of protection.
(2) The
measures taken under the preceding paragraph with regard to a child habitually
resident in a Contracting State shall lapse as soon as the authorities which
have jurisdiction under Articles 5 to 10 have taken the measures required by
the situation.
(3) The
measures taken under paragraph 1 with regard to a child who is habitually
resident in a non-Contracting State shall lapse in each Contracting State as
soon as measures required by the situation and taken by the authorities of
another State are recognised in the Contracting State in question.
Article 12
(1)
Subject to Article 7, the authorities of a Contracting State in whose territory
the child or property belonging to the child is present have jurisdiction to
take measures of a provisional character for the protection of the person or
property of the child which have a territorial effect limited to the State in
question, in so far as such measures are not incompatible with measures already
taken by authorities which have jurisdiction under Articles 5 to 10.
(2) The
measures taken under the preceding paragraph with regard to a child habitually
resident in a Contracting State shall lapse as soon as the authorities which
have jurisdiction under Articles 5 to 10 have taken a decision in respect of
the measures of protection which may be required by the situation.
(3) The
measures taken under paragraph 1 with regard to a child who is habitually
resident in a non-Contracting State shall lapse in the Contracting State where
the measures were taken as soon as measures required by the situation and taken
by the authorities of another State are recognised in the Contracting State in
question.
Article 13
(1) The
authorities of a Contracting State which have jurisdiction under Articles 5 to
10 to take measures for the protection of the person or property of the child
must abstain from exercising this jurisdiction if, at the time of the
commencement of the proceedings, corresponding measures have been requested
from the authorities of another Contracting State having jurisdiction under
Articles 5 to 10 at the time of the request and are still under consideration.
(2) The
provisions of the preceding paragraph shall not apply if the authorities before
whom the request for measures was initially introduced have declined
jurisdiction.
Article 14
The measures
taken in application of Articles 5 to 10 remain in force according to their
terms, even if a change of circumstances has eliminated the basis upon which
jurisdiction was founded, so long as the authorities which have jurisdiction
under the Convention have not modified, replaced or terminated such measures.
Article 15
(1) In
exercising their jurisdiction under the provisions of Chapter II, the
authorities of the Contracting States shall apply their own law.
(2)
However, in so far as the protection of the person or the property of the child
requires, they may exceptionally apply or take into consideration the law of
another State with which the situation has a substantial connection.
(3) If the
child's habitual residence changes to another Contracting State, the law of
that other State governs, from the time of the change, the conditions of
application of the measures taken in the State of the former habitual
residence.
Article 16
(1) The
attribution or extinction of parental responsibility by operation of law,
without the intervention of a judicial or administrative authority, is governed
by the law of the State of the habitual residence of the child.
(2) The
attribution or extinction of parental responsibility by an agreement or a
unilateral act, without intervention of a judicial or administrative authority,
is governed by the law of the State of the child's habitual residence at the
time when the agreement or unilateral act takes effect.
(3)
Parental responsibility which exists under the law of the State of the child's
habitual residence subsists after a change of that habitual residence to
another State.
(4) If the
child's habitual residence changes, the attribution of parental responsibility
by operation of law to a person who does not already have such responsibility
is governed by the law of the State of the new habitual residence.
Article 17
The exercise of
parental responsibility is governed by the law of the State of the child's
habitual residence. If the child's habitual residence changes, it is governed
by the law of the State of the new habitual residence.
Article 18
The parental
responsibility referred to in Article 16 may be terminated, or the conditions
of its exercise modified, by measures taken under this Convention.
Article 19
(1) The
validity of a transaction entered into between a third party and another person
who would be entitled to act as the child's legal representative under the law
of the State where the transaction was concluded cannot be contested, and the
third party cannot be held liable, on the sole ground that the other person was
not entitled to act as the child's legal representative under the law
designated by the provisions of this Chapter, unless the third party knew or
should have known that the parental responsibility was governed by the latter
law.
(2) The
preceding paragraph applies only if the transaction was entered into between
persons present on the territory of the same State.
Article 20
The provisions
of this Chapter apply even if the law designated by them is the law of a
non-Contracting State.
Article 21
(1) In
this Chapter the term "law" means the law in force in a State other
than its choice of law rules.
(2)
However, if the law applicable according to Article 16 is that of a
non-Contracting State and if the choice of law rules of that State designate
the law of another non-Contracting State which would apply its own law, the law
of the latter State applies. If that other non-Contracting State would not
apply its own law, the applicable law is that designated by Article 16.
Article 22
The application
of the law designated by the provisions of this Chapter can be refused only if
this application would be manifestly contrary to public policy, taking into
account the best interests of the child.
chapter iv -
recognition and enforcement
Article 23
(1) The
measures taken by the authorities of a Contracting State shall be recognised by
operation of law in all other Contracting States.
(2)
Recognition may however be refused -
a) if the measure was taken by an
authority whose jurisdiction was not based on one of the grounds provided for
in Chapter II;
b) if the measure was taken,
except in a case of urgency, in the context of a judicial or administrative
proceeding, without the child having been provided the opportunity to be heard,
in violation of fundamental principles of procedure of the requested State;
c) on the request of any person
claiming that the measure infringes his or her parental responsibility, if such
measure was taken, except in a case of urgency, without such person having been
given an opportunity to be heard;
d) if such recognition is
manifestly contrary to public policy of the requested State, taking into
account the best interests of the child;
e) if the measure is incompatible
with a later measure taken in the non-Contracting State of the habitual
residence of the child, where this later measure fulfils the requirements for
recognition in the requested State;
f) if the procedure provided in
Article 33 has not been complied with.
Article 24
Without
prejudice to Article 23, paragraph 1, any interested person may request from
the competent authorities of a Contracting State that they decide on the
recognition or non-recognition of a measure taken in another Contracting State.
The procedure is governed by the law of the requested State.
Article 25
The authority of
the requested State is bound by the findings of fact on which the authority of
the State where the measure was taken based its jurisdiction.
Article 26
(1) If
measures taken in one Contracting State and enforceable there require
enforcement in another Contracting State, they shall, upon request by an
interested party, be declared enforceable or registered for the purpose of
enforcement in that other State according to the procedure provided in the law
of the latter State.
(2) Each
Contracting State shall apply to the declaration of enforceability or
registration a simple and rapid procedure.
(3) The
declaration of enforceability or registration may be refused only for one of
the reasons set out in Article 23, paragraph 2.
Article 27
Without
prejudice to such review as is necessary in the application of the preceding
Articles, there shall be no review of the merits of the measure taken.
Article 28
Measures taken
in one Contracting State and declared enforceable, or registered for the
purpose of enforcement, in another Contracting State shall be enforced in the
latter State as if they had been taken by the authorities of that State.
Enforcement takes place in accordance with the law of the requested State to
the extent provided by such law, taking into consideration the best interests
of the child.
Article 29
(1) A
Contracting State shall designate a Central Authority to discharge the duties
which are imposed by the Convention on such authorities.
(2)
Federal States, States with more than one system of law or States having
autonomous territorial units shall be free to appoint more than one Central
Authority and to specify the territorial or personal extent of their functions.
Where a State has appointed more than one Central Authority, it shall designate
the Central Authority to which any communication may be addressed for
transmission to the appropriate Central Authority within that State.
Article 30
(1)
Central Authorities shall co-operate with each other and promote co-operation
amongst the competent authorities in their States to achieve the purposes of
the Convention.
(2) They
shall, in connection with the application of the Convention, take appropriate
steps to provide information as to the laws of, and services available in,
their States relating to the protection of children.
Article 31
The Central
Authority of a Contracting State, either directly or through public authorities
or other bodies, shall take all appropriate steps to -
a) facilitate
the communications and offer the assistance provided for in Articles 8 and 9
and in this Chapter;
b) facilitate, by mediation,
conciliation or similar means, agreed solutions for the protection of the
person or property of the child in situations to which the Convention applies;
c) provide, on the request of a
competent authority of another Contracting State, assistance in discovering the
whereabouts of a child where it appears that the child may be present and in
need of protection within the territory of the requested State.
Article 32
On a request
made with supporting reasons by the Central Authority or other competent
authority of any Contracting State with which the child has a substantial
connection, the Central Authority of the Contracting State in which the child
is habitually resident and present may, directly or through public authorities
or other bodies,
a) provide
a report on the situation of the child;
b) request the competent authority
of its State to consider the need to take measures for the protection of the
person or property of the child.
Article 33
(1) If an
authority having jurisdiction under Articles 5 to 10 contemplates the placement
of the child in a foster family or institutional care, or the provision of care
by kafala or an analogous
institution, and if such placement or such provision of care is to take place
in another Contracting State, it shall first consult with the Central Authority
or other competent authority of the latter State. To that effect it shall transmit
a report on the child together with the reasons for the proposed placement or
provision of care.
(2) The
decision on the placement or provision of care may be made in the requesting
State only if the Central Authority or other competent authority of the
requested State has consented to the placement or provision of care, taking
into account the child's best interests.
Article 34
(1) Where
a measure of protection is contemplated, the competent authorities under the
Convention, if the situation of the child so requires, may request any
authority of another Contracting State which has information relevant to the
protection of the child to communicate such information.
(2) A
Contracting State may declare that requests under paragraph 1 shall be
communicated to its authorities only through its Central Authority.
Article 35
(1) The
competent authorities of a Contracting State may request the authorities of
another Contracting State to assist in the implementation of measures of
protection taken under this Convention, especially in securing the effective
exercise of rights of access as well as of the right to maintain direct
contacts on a regular basis.
(2) The
authorities of a Contracting State in which the child does not habitually
reside may, on the request of a parent residing in that State who is seeking to
obtain or to maintain access to the child, gather information or evidence and
may make a finding on the suitability of that parent to exercise access and on
the conditions under which access is to be exercised. An authority exercising
jurisdiction under Articles 5 to 10 to determine an application concerning
access to the child, shall admit and consider such information, evidence and
finding before reaching its decision.
(3) An
authority having jurisdiction under Articles 5 to 10 to decide on access may
adjourn a proceeding pending the outcome of a request made under paragraph 2,
in particular, when it is considering an application to restrict or terminate
access rights granted in the State of the child's former habitual residence.
(4)
Nothing in this Article shall prevent an authority having jurisdiction under
Articles 5 to 10 from taking provisional measures pending the outcome of the
request made under paragraph 2.
Article 36
In any case
where the child is exposed to a serious danger, the competent authorities of
the Contracting State where measures for the protection of the child have been
taken or are under consideration, if they are informed that the child's
residence has changed to, or that the child is present in another State, shall
inform the authorities of that other State about the danger involved and the
measures taken or under consideration.
Article 37
An authority
shall not request or transmit any information under this Chapter if to do so
would, in its opinion, be likely to place the child's person or property in
danger, or constitute a serious threat to the liberty or life of a member of
the child's family.
Article 38
(1)
Without prejudice to the possibility of imposing reasonable charges for the
provision of services, Central Authorities and other public authorities of
Contracting States shall bear their own costs in applying the provisions of
this Chapter.
(2) Any
Contracting State may enter into agreements with one or more other Contracting
States concerning the allocation of charges.
Article 39
Any Contracting
State may enter into agreements with one or more other Contracting States with
a view to improving the application of this Chapter in their mutual relations.
The States which have concluded such an agreement shall transmit a copy to the
depositary of the Convention.
chapter vi -
general provisions
Article 40
(1) The
authorities of the Contracting State of the child's habitual residence, or of
the Contracting State where a measure of protection has been taken, may deliver
to the person having parental responsibility or to the person entrusted with
protection of the child's person or property, at his or her request, a
certificate indicating the capacity in which that person is entitled to act and
the powers conferred upon him or her.
(2) The
capacity and powers indicated in the certificate are presumed to be vested in
that person, in the absence of proof to the contrary.
(3) Each
Contracting State shall designate the authorities competent to draw up the
certificate.
Article 41
Personal data
gathered or transmitted under the Convention shall be used only for the
purposes for which they were gathered or transmitted.
Article 42
The authorities
to whom information is transmitted shall ensure its confidentiality, in
accordance with the law of their State.
Article 43
All documents
forwarded or delivered under this Convention shall be exempt from legalisation
or any analogous formality.
Article 44
Each Contracting
State may designate the authorities to which requests under Articles 8, 9 and
33 are to be addressed.
Article 45
(1) The
designations referred to in Articles 29 and 44 shall be communicated to the
Permanent Bureau of the Hague Conference on Private International Law.
(2) The
declaration referred to in Article 34, paragraph 2, shall be made to the
depositary of the Convention.
Article 46
A Contracting
State in which different systems of law or sets of rules of law apply to the
protection of the child and his or her property shall not be bound to apply the
rules of the Convention to conflicts solely between such different systems or
sets of rules of law.
Article 47
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 -
(1) any
reference to habitual residence in that State shall be construed as referring
to habitual residence in a territorial unit;
(2) any
reference to the presence of the child in that State shall be construed as
referring to presence in a territorial unit;
(3) any
reference to the location of property of the child in that State shall be
construed as referring to location of property of the child in a territorial
unit;
(4) any
reference to the State of which the child 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 child has
the closest connection;
(5) any
reference to the State whose authorities are seised of an application for
divorce or legal separation of the child's parents, or for annulment of their
marriage, shall be construed as referring to the territorial unit whose
authorities are seised of such application;
(6) any
reference to the State with which the child has a substantial connection shall
be construed as referring to the territorial unit with which the child has such
connection;
(7) any
reference to the State to which the child has been removed or in which he or
she has been retained shall be construed as referring to the relevant
territorial unit to which the child has been removed or in which he or she has
been retained;
(8) 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;
(9) 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 or
authority of the territorial unit in which such measure was taken;
(10) any
reference to the law or procedure or authority of the requested State shall be
construed as referring to the law or procedure or authority of the territorial
unit in which recognition or enforcement is sought.
Article 48
For the purpose
of identifying the applicable law under Chapter III, in relation to a State
which comprises two or more territorial units each of which has its own system
of law or set of rules of law in respect of matters covered by this Convention,
the following rules apply -
a) if
there are rules in force in such a State identifying which territorial unit's
law is applicable, the law of that unit applies;
b) in the absence of such rules,
the law of the relevant territorial unit as defined in Article 47 applies.
Article 49
For the purpose
of identifying the applicable law under Chapter III, in relation to a State
which has two or more systems of law or sets of rules of law applicable to
different categories of persons in respect of matters covered by this
Convention, the following rules apply -
a) if
there are rules in force in such a State identifying which among such laws
applies, that law applies;
b) in the absence of such rules,
the law of the system or the set of rules of law with which the child has the
closest connection applies.
Article 50
This Convention
shall not affect the application of the Convention
of 25 October 1980 on the Civil Aspects of International Child Abduction,
as between Parties to both Conventions. Nothing, however, precludes provisions
of this Convention from being invoked for the purposes of obtaining the return
of a child who has been wrongfully removed or retained or of organising access
rights.
Article 51
In relations
between the Contracting States this Convention replaces the Convention of 5 October 1961 concerning the
powers of authorities and the law applicable in respect of the protection of
minors, and the Convention
governing the guardianship of minors, signed at The Hague 12 June 1902,
without prejudice to the recognition of measures taken under the Convention of
5 October 1961 mentioned above.
Article 52
(1) This
Convention does not affect any international instrument to which Contracting
States are Parties and which contains provisions on matters governed by the
Convention, unless a contrary declaration is made by the States Parties to such
instrument.
(2) This
Convention does not affect the possibility for one or more Contracting States
to conclude agreements which contain, in respect of children habitually
resident in any of the States Parties to such agreements, provisions on matters
governed by this Convention.
(3)
Agreements to be concluded by one or more Contracting States on matters within
the scope of this Convention do not affect, in the relationship of such States
with other Contracting States, the application of the provisions of this
Convention.
(4) The
preceding paragraphs also apply to uniform laws based on special ties of a
regional or other nature between the States concerned.
Article 53
(1) The
Convention shall apply to measures only if they are taken in a State after the
Convention has entered into force for that State.
(2) The
Convention shall apply to the recognition and enforcement of measures taken
after its entry into force as between the State where the measures have been
taken and the requested State.
Article 54
(1) Any
communication sent to the Central Authority or to another authority of a
Contracting State shall be in the original language, and shall be accompanied
by a translation into the official language or one of the official languages of
the other State or, where that is not feasible, a translation into French or
English.
(2)
However, a Contracting State may, by making a reservation in accordance with
Article 60, object to the use of either French or English, but not both.
Article 55
(1) A
Contracting State may, in accordance with Article 60,
a) reserve the jurisdiction of its
authorities to take measures directed to the protection of property of a child
situated on its territory;
b) reserve the right not to
recognise any parental responsibility or measure in so far as it is
incompatible with any measure taken by its authorities in relation to that
property.
(2) The
reservation may be restricted to certain categories of property.
Article 56
The Secretary
General of the Hague Conference on Private International Law shall at regular
intervals convoke a Special Commission in order to review the practical
operation of the Convention.
Article 57
(1) The
Convention shall be open for signature by the States which were Members of the
Hague Conference on Private International Law at the time of its Eighteenth
Session.
(2) It
shall be ratified, accepted or approved and the instruments of ratification,
acceptance or approval shall be deposited with the Ministry of Foreign Affairs
of the Kingdom of the Netherlands, depositary of the Convention.
Article 58
(1) Any
other State may accede to the Convention after it has entered into force in
accordance with Article 61, paragraph 1.
(2) The
instrument of accession shall be deposited with the depositary.
(3) Such
accession shall have effect only as regards the relations between the acceding
State and those Contracting States which have not raised an objection to its
accession in the six months after the receipt of the notification referred to
in sub-paragraph b of Article
63. Such an objection may also be raised by States at the time when they
ratify, accept or approve the Convention after an accession. Any such objection
shall be notified to the depositary.
Article 59
(1) If a
State has two or more territorial units in which different systems of law are
applicable in relation to matters dealt with in this Convention, it may at the
time of signature, ratification, acceptance, approval or accession declare that
the Convention shall extend to all its territorial units or only to one or more
of them and may modify this declaration by submitting another declaration at
any time.
(2) Any
such declaration shall be notified to the depositary and shall state expressly
the territorial units to which the Convention applies.
(3) If a
State makes no declaration under this Article, the Convention is to extend to
all territorial units of that State.
Article 60
(1) Any
State may, not later than the time of ratification, acceptance, approval or
accession, or at the time of making a declaration in terms of Article 59, make
one or both of the reservations provided for in Articles 54, paragraph 2, and
55. No other reservation shall be permitted.
(2) Any
State may at any time withdraw a reservation it has made. The withdrawal shall
be notified to the depositary.
(3) The
reservation shall cease to have effect on the first day of the third calendar
month after the notification referred to in the preceding paragraph.
Article 61
(1) The
Convention shall enter into force on the first day of the month following the
expiration of three months after the deposit of the third instrument of
ratification, acceptance or approval referred to in Article 57.
(2)
Thereafter the Convention shall enter into force -
a) for each State ratifying,
accepting or approving it subsequently, on the first day of the month following
the expiration of three months after the deposit of its instrument of
ratification, acceptance, approval or accession;
b) for each State acceding, on the
first day of the month following the expiration of three months after the
expiration of the period of six months provided in Article 58, paragraph 3;
c) for a territorial unit to which
the Convention has been extended in conformity with Article 59, on the first
day of the month following the expiration of three months after the
notification referred to in that Article.
Article 62
(1) A
State Party to the Convention may denounce it by a notification in writing
addressed to the depositary. The denunciation may be limited to certain
territorial units to which the Convention applies.
(2) The
denunciation takes effect on the first day of the month following the
expiration of twelve months after the notification is received by the
depositary. Where a longer period for the denunciation to take effect is
specified in the notification, the denunciation takes effect upon the
expiration of such longer period.
Article 63
The depositary
shall notify the States Members of the Hague Conference on Private
International Law and the States which have acceded in accordance with Article
58 of the following -
a) the
signatures, ratifications, acceptances and approvals referred to in Article 57;
b) the accessions and objections
raised to accessions referred to in Article 58;
c) the date on which the
Convention enters into force in accordance with Article 61;
d) the declarations referred to in
Articles 34, paragraph 2, and 59;
e) the agreements referred to in
Article 39;
f) the reservations referred
to in Articles 54, paragraph 2, and 55 and the withdrawals referred to in
Article 60, paragraph 2;
g) the denunciations referred to
in Article 62.
In witness
whereof the undersigned, being duly authorised thereto, have signed this
Convention.
Done at The
Hague, on the 19th day of October 1996, in the English and French languages,
both texts being equally authentic, in a single copy which shall be deposited
in the archives of the Government of the Kingdom of the Netherlands, and of
which a certified copy shall be sent, through diplomatic channels, to each of
the States Members of the Hague Conference on Private International Law at the
date of its Eighteenth Session.
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