Convention on the law applicable to maintenance obligations
Parties with reservations, declarations and objections
Party | Reservations / Declarations | Objections |
---|---|---|
Germany | Yes | No |
Greece | Yes | No |
Italy | Yes | No |
Lithuania | Yes | No |
Luxembourg | Yes | No |
Netherlands, the Kingdom of the | Yes | No |
Poland | Yes | No |
Portugal | Yes | No |
Spain | Yes | No |
Switzerland | Yes | No |
Türkiye | Yes | No |
Germany
28-01-1987
The Federal Republic of Germany declares pursuant to Article 15 of the Convention that its authorities shall apply its internal law if the creditor and the debtor are both Germans within the meaning of the Basic Law of the Federal Republic of Germany and if the debtor has his habitual residence in the Federal Republic of Germany.
Greece
25-06-2003
Reservations to Article 14
Greece will not apply the Convention to maintenance obligations:
1) between collaterals (except brothers and sisters),
2) between in-laws, nor
3) between spouses whose marriage has been declared void or has been annulled when
the decree of divorce, legal separation, nullity or annulment of the marriage has
been rendered by default in a State in which the defaulting party did not have his
habitual residence.
Italy
02-10-1981
In accordance with Article 24 of the Convention on the law applicable to maintenance obligations, the Italian Republic reserves the right, provided for in Article 15, to the effect that its authorities shall apply the Italian law if the creditor and the debtor both have the Italian nationality and if the debtor has his habitual residence in Italy.
Lithuania
11-06-2001
[...] in accordance with Article 15 of the said Convention, the Republic of Lithuania reserves the right to apply its internal law if the creditor and the debtor are both nationals of the Republic of Lithuania under the Law on Citizenship of the Republic of Lithuania and if the debtor has his habitual residence in the Republic of Lithuania.
Luxembourg
13-10-1981
The Government of Luxemburg reserves the right in accordance with Article 14 of the Convention, not to apply the Convention to maintenance obligations between divorces or legally separated spouses or spouses whose marriage has been declared void or annuled if the decree of divorce, legal separation, nullity or annulment has been rendered by default in a State in which the defaulting party did not have his habitual residence. In that case the Articles 4 to 6 are applicable. In accordance with Article 15, the Government of Luxemburg reserves the right to apply the Luxemburg law if the creditor and the debtor are both nationals of Luxemburg and if the maintenance debtor has his habitual residence in Luxemburg.
Netherlands, the Kingdom of the
12-12-1980
In application of Article 24 in connection with Article 15 of the Convention the Kingdom makes the reservation that its authorities shall apply its internal law if the creditor and the debtor are both nationals of the Kingdom of the Netherlands and if the debtor has his habitual residence in the Kingdom.
18-10-2010
The Kingdom of the Netherlands consisted of three parts: the Netherlands, the Netherlands
Antilles and Aruba. The Netherlands Antilles consisted of the islands of Curaçao,
Sint Maarten, Bonaire, Sint Eustatius and Saba.
With effect from 10 October 2010, the Netherlands Antilles ceased to exist as a part
of the Kingdom of the Netherlands. Since that date, the Kingdom consists of four parts:
the Netherlands, Aruba, Curaçao and Sint Maarten. Curaçao and Sint Maarten enjoy internal
self-government within the Kingdom, as Aruba and, up to 10 October 2010, the Netherlands
Antilles do.
These changes constitute a modification of the internal constitutional relations within
the Kingdom of the Netherlands. The Kingdom of the Netherlands will accordingly remain
the subject of international law with which agreements are concluded. The modification
of the structure of the Kingdom will therefore not affect the validity of the international
agreements ratified by the Kingdom for the Netherlands Antilles. These agreements,
including any reservations made, will continue to apply to Curaçao and Sint Maarten.
The other islands that have formed part of the Netherlands Antilles - Bonaire, Sint
Eustatius and Saba - became part of the Netherlands, thus constituting 'the Caribbean
part of the Netherlands'. The agreements that applied to the Netherlands Antilles
will also continue to apply to these islands; however, the Government of the Netherlands
will now be responsible for implementing these agreements.
25-07-2012
The reservation [of 12 December 1980] is confirmed for Curaçao, Sint Maarten and the
Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba).
The reservation remains valid for the European part of the Netherlands and Aruba.
Poland
13-02-1996
1. The Republic of Poland, in accordance with Article 24, reserves the right not to
apply this Convention to maintenance obligations between persons related by affinity
and between the spouses, in agreement with the provisions of Article 14 paragraph
2 and 3 of the Convention.
2. The Republic of Poland, in accordance with Article 24, makes a reservation to the
effect that its authorities shall apply its internal law, in agreement with the provisions
of Article 15 of the Convention.
Portugal
17-12-1975
In accordance with Article 24, first paragraph, of the Convention Portugal reserves the right not to apply the Convention to the maintenance obligations mentioned in Article 14, numbers 2 and 3, and its authorities shall apply its internal law if the creditor and the debtor have both the Portuguese nationality and if the debtor has his habitual residence in Portugal (Article 15).
Spain
04-07-1986
The Spanish State, in conformity with Article 24, makes a reservation to the effect that its authorities shall apply its internal law if the creditor and the maintenance debtor are both its nationals and if the debtor has his habitual residence in Spain.
Switzerland
18-05-1976
In conformity with Article 24, Switzerland reserves the right, provided for in Article
14, paragraphs 1 and 2, not to apply the Convention to maintenance obligations between
persons related collaterally and between persons related by affinity.
[...] Switzerland reserves the right, provided for in Article 15, to apply the Swiss
law if the creditor and the debtor have both the Swiss nationality and if the debtor
has his habitual residence in Switzerland.
29-03-1993
The following reservation was withdrawn on 29-03-1993 and ceased to have effect on
01-06-1993:
In conformity with Article 24, Switzerland reserves the right, provided for in Article
14, paragraphs 1 and 2, not to apply the Convention to maintenance obligations between
persons related collaterally and between persons related by affinity.
Türkiye
23-08-1983
The Republic of Turkey reserves in accordance with Article 24 of the Convention:
1. the right referred to in Article 14, subparagraphs 1 and 2, not to apply the Convention
to maintenance obligations between persons related collaterally and between persons
related by affinity;
2. the right referred to in Article 15 to the effect that its authorities shall apply
its international law if the creditor and the debtor have both the Turkish nationality,
and if the debtor has his habitual residence in Turkey.