CONVENZIONE AJA 1954 PDF

This Convention does not affect the Hague Convention of 1 March on civil procedure, the Hague Convention of 15 November on the Service Abroad. Statute of the Hague Conference on Private International Law · Convention of 1 March on civil procedure · Convention of 15 June on the law. (In the relations between the Contracting States, this Convention replaces Articles 8 to 16 of the Conventions on civil procedure of and ).

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Text of the Convention in PDF. Outline of the Conveznione. Desiring to improve co-operation among States for the international recovery of child support and other forms of family maintenance. Aware of the need for procedures which produce results and are accessible, prompt, efficient, cost-effective, responsive and fair.

Conventions, Protocols and Principles

Wishing to build upon the best features of existing Hague Conventions and other international instruments, in particular the United Nations Convention on the Recovery Abroad of Maintenance of 20 June. Seeking to take advantage of advances in technologies and to create a flexible system which can continue to evolve as needs change and further advances in technology create new opportunities. The object of the present Convention is to ensure the effective international recovery of child support and other forms of family maintenance, in particular by.

A Contracting State which makes this reservation shall not be entitled to claim the application of the Convention to persons of the age excluded by its reservation.

Any such declaration shall give rise to obligations between two Contracting States only in so far as their declarations cover the same maintenance obligations and parts of the Convention. Article 4 Designation of Central Authorities. 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.

Contracting States shall promptly inform the Permanent Bureau of any changes. Article 5 General functions of Central Authorities. Article 6 Specific functions of Central Authorities. In particular they shall. The designation of any such public bodies or other bodies, as well as their contact details and the extent of their functions, shall be communicated by a Contracting State to the Permanent Bureau of the Hague Conference on Private International Law. The requested Central Authority shall take such measures as are appropriate if satisfied that they are necessary to assist a potential applicant in making an application under Article 10 or in determining whether such an application should be initiated.

Article 9 Application through Central Authorities. An application under this Chapter shall be made through the Central Authority of the Contracting State in which the applicant resides to the Central Authority of the requested State. For the purpose of this provision, residence excludes mere presence. Article 12 Transmission, receipt and processing of applications and cases through Central Authorities. Within the same six-week period, the requested Central Authority shall provide to the requesting Central Authority the name and contact details of the person or unit responsible for responding to inquiries regarding the progress of the application.

In such case, that Central Authority shall promptly inform the requesting Central Authority of its reasons for refusal. However, the requested Central Authority may ask the requesting Central Authority to provide these additional documents or information. In this case, it shall inform the requesting Central Authority of this decision.

Any application made through Central Authorities of the Contracting States in accordance with this Chapter, and any document or information appended thereto or provided by a Central Authority, may not be challenged by the respondent by reason only of the medium or means of communication employed between the Central Authorities concerned. Article 14 Effective access to procedures. Article 15 Free legal assistance for child support applications. Article 16 Declaration to permit use of child-centred means test.

The requested State may only request further evidence of the child’s means if it has reasonable grounds to believe that the information provided by the applicant is inaccurate. The term “decision” also includes a settlement or agreement concluded before or approved by such an authority.

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A decision may include automatic adjustment by indexation and a requirement to pay arrears, retroactive maintenance or interest and a determination of costs or expenses.

Article 20 Bases for recognition and enforcement. Article 21 Severability and partial recognition and enforcement. Article 22 Grounds for refusing recognition and enforcement.

Article 23 Procedure on an application for recognition and enforcement. At this stage neither the applicant nor the respondent is entitled to make any submissions. If the contesting party is not resident in the Contracting State in which the declaration or registration was made or refused, the challenge or appeal shall be lodged within 19954 days of notification. Article 24 Alternative procedure on an application for recognition and enforcement. It may review any grounds listed in Articles 20, 22 and 23 7 c if raised by the respondent or if concerns relating to those grounds arise from the face of the documents submitted in accordance with Article Article 26 Procedure on an application for recognition.

Aedon 3/ – Secondo Protocollo alla Convenzione dell’Aja

This Chapter shall apply mutatis mutandis to an application for recognition of conevnzione decision, save that the requirement of enforceability is replaced by the requirement that the decision has effect in the State of ajw. Any competent authority of the State addressed shall be bound by the findings of fact on which the authority of the State of origin based its jurisdiction.

There shall be no review by any competent authority of the State addressed of the merits of a decision. Article 29 Physical presence of the child or the applicant not required.

The physical presence of the child or the convenziobe shall not be required in any proceedings in connvenzione State addressed under this Chapter. It may review all grounds listed in paragraph 4 of this Article and the authenticity or integrity of any document transmitted in accordance with paragraph 3 if raised by convenzionee respondent or if concerns relating to those grounds arise from the face of those documents.

Article 31 Decisions produced by the combined effect of provisional and confirmation orders. Article 32 Enforcement under internal law. The State addressed shall provide at least the same range of enforcement methods for cases under the Convention as are available in domestic cases. Article 37 Direct requests to competent authorities. Personal convenzzione gathered or transmitted under the Convention shall be used only for the purposes for which they were gathered or transmitted.

Any authority processing information shall ensure its confidentiality in accordance with the law of its State. Article 40 Non-disclosure of information. No legalisation or similar formality may be required in the context of this Convention.

The Central Authority of the requested State may require a power of attorney from the applicant only if it acts on his or her behalf in judicial proceedings or before other authorities, or in order to designate a representative so to act.

HCCH | Conventions, Protocols and Principles

Article 45 Means and costs of translation. If there is no agreement and it is not possible for the requesting Central Authority to comply with the requirements of Article 44 1 and 2then the application and related documents may be transmitted with translation into English or French for further translation into an official language of the requested State.

Article 47 Non-unified legal systems – substantive rules. Article 48 Co-ordination with prior Hague Maintenance Conventions.

Article 49 Co-ordination with the New York Convention. In relations between the Contracting States, this Convention replaces the United Nations Convention on the Recovery Abroad of Maintenance of 20 Junein so far as its scope of application as between such States coincides with the scope of application of this Convention. Article 50 Relationship with prior Hague Conventions on service of documents and taking of evidence.

Article 51 Co-ordination of instruments and supplementary agreements. The States which have concluded such an agreement shall transmit a copy to the depositary of the Convention. As concerns the recognition or enforcement of convenziione as between Member States of the Regional Economic Integration Organisation, the Convention shall not affect the rules of the Regional Economic Integration Organisation, whether adopted before or after the conclusion of the Convention.

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However, as regards simplified, more expeditious procedures referred to in paragraph 1 bthey must be compatible with the protection offered to the parties under Articles 23 and 24, in particular as regards the rights of the parties to be duly notified of the proceedings and be given adequate opportunity to be heard and as regards the effects of any challenge or appeal.

In the interpretation of this Convention, regard shall be had to its international character and to the need to promote uniformity in its application. Article 54 Review of practical operation of the Convention. Notice of the proposal to amend the forms shall be included in the agenda for the meeting. The State making such reservation shall, until the reservation is withdrawn, be treated as a State not Party to the present Convention with respect to that amendment.

Article 58 Signature, ratification and accession. 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 Regional Economic Integration Organisations.

The Regional Economic Integration Organisation shall in that case have the rights and obligations of a Contracting State, to the extent that the Organisation has competence over matters governed by the Convention.

The Organisation shall promptly notify the depositary in writing of any changes to its competence as specified in the most recent notice given under this paragraph. In the event that a declaration is made by a Regional Economic Integration Organisation in accordance with paragraph 3, any reference to a “Contracting State” or “State” in this Convention shall apply 154 to the relevant Member States of the Organisation, where appropriate.

Article 61 Declarations with respect to non-unified legal convezione. No other reservation shall be permitted. Xja withdrawal shall be notified to the depositary. The denunciation may be limited to certain territorial units of convenziome multi-unit State to which the Convention applies. Where a longer period for the denunciation to take effect is specified in the notification, the denunciation shall take effect upon the expiration of such longer period after the date on which the notification is received by the depositary.

Done at The Hague, on the 23rd day of Convvenzionein 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 Members of the Hague Conference on Private International Law at the date of its Twenty-First Session and to each of the other States which have participated in that Session.

Transmittal form under Article 12 2. Personal data gathered or transmitted under the Convention shall be used only for the purposes for which it was gathered or transmitted. Any authority processing such data shall ensure its confidentiality, in accordance with the law of its State.

An authority shall not disclose or confirm information gathered or transmitted in application of this Convention if it determines that to do so could jeopardise convenxione health, safety or liberty of a person in accordance with Article A determination of non-disclosure has been made by a Central Authority in accordance with Article Name of the public body: The person is the same as the applicant named in point 4. For the purpose of an application under Article convenziine 1 a and:.

Complete text of the decision Art. Complete text of the maintenance arrangement Art. Any other documents accompanying the application e.

For the purpose of an convenzioen under Article 10 1 bcdef and 2 a19554 or cthe following number of supporting documents excluding the transmittal form and the application itself in accordance with Article 11 Article 10 1 b Article 10 1 c Article 10 1 d