Preamble
Considering the urgency of solving the humanitarian problem resulting from the situation
of persons in need dependent for their maintenance on persons abroad,
Considering that the prosecution or enforcement abroad of claims for maintenance gives
rise to serious legal and practical difficulties, and
Determined to provide a means to solve such problems and to overcome such difficulties,
The Contracting Parties have agreed as follows:
Article 1. Scope of the Convention
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1 The purpose of this Convention is to facilitate the recovery of maintenance to which
a person, hereinafter referred to as claimant, who is in the territory of one of the
Contracting Parties, claims to be entitled from another person, hereinafter referred
to as respondent, who is subject to the jurisdiction of another Contracting Party.
This purpose shall be effected through the offices of agencies which will hereinafter
be referred to as Transmitting and Receiving Agencies.
Article 2. Designation of Agencies
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1 Each Contracting Party shall, at the time when the instrument of ratification or accession
is deposited, designate one or more judicial or administrative authorities which shall
act in its territory as Transmitting Agencies.
Article 3. Application to Transmitting Agency
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1 Where a claimant is in the territory of one Contracting Party, hereinafter referred
to as the State of the claimant, and the respondent is subject to the jurisdiction
of another Contracting Party, hereinafter referred to as the State of the respondent,
the claimant may make application to a Transmitting Agency in the State of the claimant
for the recovery of maintenance from the respondent.
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2 Each Contracting Party shall inform the Secretary-General as to the evidence normally
required under the law of the State of the Receiving Agency for the proof of maintenance
claims, of the manner in which such evidence should be submitted, and of other requirements
to be complied with under such law.
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3 The application shall be accompanied by all relevant documents, including, where necessary,
a power of attorney authorizing the Receiving Agency to act, or to appoint some other
person to act, on behalf of the claimant. It shall also be accompanied by a photograph
of the claimant and, where available, a photograph of the respondent.
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4 The Transmitting Agency shall take all reasonable steps to ensure that the requirements
of the law of the State of the Receiving Agency are complied with; and, subject to
the requirements of such law, the application shall include:
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(a) the full name, address, date of birth, nationality, and occupation of the claimant,
and the name and address of any legal representative of the claimant;
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(b) the full name of the respondent, and, so far as known to the claimant, his addresses
during the preceding five years, date of birth, nationality, and occupation;
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(c) particulars of the grounds upon which the claim is based and of the relief sought,
and any other relevant information such as the financial and family circumstances
of the claimant and the respondent.
Article 4. Transmission of documents
Article 5. Transmission of judgements and other judicial acts
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1 The Transmitting Agency shall, at the request of the claimant, transmit, under the
provisions of article 4, any order, final or provisional, and any other judicial act,
obtained by the claimant for the payment of maintenance in a competent tribunal of
any of the Contracting Parties, and, where necessary and possible, the record of the
proceedings in which such order was made.
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3 Proceedings under article 6 may include, in accordance with the law of the State of
the respondent, exequatur or registration proceedings or an action based upon the
act transmitted under paragraph 1.
Article 6. Functions of the Receiving Agency
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1 The Receiving Agency shall, subject always to the authority given by the claimant,
take, on behalf of the claimant, all appropriate steps for the recovery of maintenance,
including the settlement of the claim and, where necessary, the institution and prosecution
of an action for maintenance and the execution of any order or other judicial act
for the payment of maintenance.
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3 Notwithstanding anything in this Convention, the law applicable in the determination
of all questions arising in any such action or proceedings shall be the law of the
State of the respondent, including its private international law.
Article 7. Letters of request
If provision is made for letters of request in the laws of the two Contracting Parties
concerned, the following rules shall apply:
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(a) A tribunal hearing an action for maintenance may address letters of request for further
evidence, documentary or otherwise, either to the competent tribunal of the other
Contracting Party or to any other authority or institution designated by the other
Contracting Party in whose territory the request is to be executed.
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(b) In order that the parties may attend or be represented, the requested authority shall
give notice of the date on which and the place at which the proceedings requested
are to take place to the Receiving Agency and the Transmitting Agency concerned, and
to the respondent.
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(c) Letters of request shall be executed with all convenient speed; in the event of such
letters of request not being executed within four months from the receipt of the letters
by the requested authority, the reasons for such non-execution or for such delay shall
be communicated to the requesting authority.
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(d) The execution of letters of request shall not give rise to reimbursement of fees or
costs of any kind whatsoever.
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(e) Execution of letters of request may only be refused:
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(1) If the authenticity of the letters is not established;
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(2) If the Contracting Party in whose territory the letters are to be executed deems that
its sovereignty or safety would be compromised thereby.
Article 8. Variation of orders
The provisions of this Convention apply also to applications for the variation of
maintenance orders.
Article 9. Exemptions and facilities
Article 10. Transfer of funds
A Contracting Party, under whose law the transfer of funds abroad is restricted, shall
accord the highest priority to the transfer of funds payable as maintenance or to
cover expenses in respect of proceedings under this Convention.
Article 11. Federal State clause
In the case of a Federal or non-unitary State, the following provisions shall apply:
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(a) With respect to those articles of this Convention that come within the legislative
jurisdiction of the federal legislative authority, the obligations of the Federal
Government shall to this extent be the same as those of Parties which are not Federal
States;
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(b) With respect to those articles of this Convention that come within the legislative
jurisdiction of constituent States, provinces or cantons which are not, under the
constitutional system of the Federation, bound to take legislative action, the Federal
Government shall bring such articles with a favourable recommendation to the notice
of the appropriate authorities of States, provinces or cantons at the earliest possible
moment;
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(c) A Federal State Party to this Convention shall, at the request of any other Contracting
Party transmitted through the Secretary-General, supply a statement of the law and
practice of the Federation and its constituent units in regard to any particular provision
of the Convention, showing the extent to which effect has been given to that provision
by legislative or other action.
Article 12. Territorial application
The provisions of this Convention shall extend or be applicable equally to all non-self-governing,
trust or other territories for the international relations of which a Contracting
Party is responsible, unless the latter, on ratifying or acceding to this Convention,
has given notice that the Convention shall not apply to any one or more of such territories.
Any Contracting Party making such a declaration may, at any time thereafter, by notification
to the Secretary-General, extend the application of the Convention to any or all of
such territories.
Article 13. Signature, ratification and accession
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1 This Convention shall be open for signature until 31 December 1956 on behalf of any
Member of the United Nations, any non-member State which is a Party to the Statute
of the International Court of Justice, or member of a specialized agency, and any
other non-member State which has been invited by the Economic and Social Council to
become a Party to the Convention.
Article 14. Entry into force
Article 16. Settlement of disputes
If a dispute should arise between Contracting Parties relating to the interpretation
or application of this Convention, and if such dispute has not been settled by other
means, it shall be referred to the International Court of Justice. The dispute shall
be brought before the Court either by the notification of a special agreement or by
a unilateral application of one of the parties to the dispute.
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1 In the event that any State submits a reservation to any of the articles of this Convention
at the time of ratification or accession, the Secretary-General shall communicate
the text of the reservation to all States which are Parties to this Convention, and
to the other States referred to in article 13. Any Contracting Party which objects
to the reservation may, within a period of ninety days from the date of the communication,
notify the Secretary-General that it does not accept it, and the Convention shall
not then enter into force as between the objecting State and the State making the
reservation. Any State thereafter acceding may make such notification at the time
of its accession.
A Contracting Party shall not be entitled to avail itself of this Convention against
other Contracting Parties except to the extent that it is itself bound by the Convention.
Article 19. Notifications by the Secretary-General
Article 21. Languages and deposit of Convention
The original of this Convention, of which the Chinese, English, French, Russian and
Spanish texts are equally authentic, shall be deposited with the Secretary-General,
who shall transmit certified true copies thereof to all States referred to in article
13.