Las Partes contratantes y los Signatarios de este Convenio que son Miembros de la HCCH (es decir, la Organización) se indican en negrita; las Partes contratantes y los Signatarios que no son Miembros de la HCCH se indican en cursiva.
| Parte contratante | F 1 | R/A/S2 | Tipo3 | VIG4 | EXT5 | Aut6 | Res/D/N/CD7 |
|---|---|---|---|---|---|---|---|
| Albania | 29-VIII-2011 | A | 1-XI-2011 | ||||
| Alemania | 31-I-1983 | 28-I-1987 | R | 1-IV-1987 | Res 15 | ||
| Bélgica | 9-XI-1976 | ||||||
| España | 26-X-1982 | 4-VII-1986 | R | 1-X-1986 | Res 24 | ||
| Estonia | 22-X-2001 | A | 1-I-2002 | ||||
| Francia | 18-XII-1973 | 19-VII-1977 | R | 1-X-1977 | |||
| Grecia | 25-VI-2003 | 25-VI-2003 | R | 1-IX-2003 | Res 14 | ||
| Italia | 6-II-1975 | 2-X-1981 | R | 1-I-1982 | Res 15 | ||
| Japón | 28-II-1986 | 5-VI-1986 | R | 1-IX-1986 | |||
| Lituania | 11-VI-2001 | A | 1-IX-2001 | Res 15 | |||
| Luxemburgo | 2-X-1973 | 13-X-1981 | R | 1-I-1982 | Res 14,15 | ||
| Países Bajos | 2-X-1973 | 12-XII-1980 | R | 1-III-1981 | 4 | N,Res 15 | |
| Polonia | 13-II-1996 | A | 1-V-1996 | Res 14,15 | |||
| Portugal | 10-X-1973 | 17-XII-1975 | R | 1-X-1977 | Res 14,15 | ||
| Suiza | 23-VII-1975 | 18-V-1976 | R | 1-X-1977 | Res 15 | ||
| Türkiye | 2-X-1973 | 23-VIII-1983 | R | 1-XI-1983 | Res 14,15 |
Type
Res/D/N
Alemania Artículos Reservas
"Die Bundesrepublik Deutschland erklärt gemäß Artikel 15 des Übereinkommens, daß ihre Behörden ihr innerstaatliches Recht anwenden werden, wenn sowohl der Berechtigte als auch der Verpflichtete Deutsche im Sinne des Grundgesetzes für die Bundesrepublik Deutschland sind und der Verpflichtete seinen gewöhnlichen Aufenthalt in der Bundesrepublik Deutschland hat."
(Translation)
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.
España Artículos Reservas
"El Estado español, de conformidad con el artículo 24, formula reserva en virtud de la cual sus Autoridades aplicarán su propia Ley interna cuando el acreedor y deudor alimenticio tenga su nacionalidad y siempre que el deudor tenga en España su residencia habitual."
(Translation)
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.
Grecia Artículos Reservas
(Translation)
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.
Italia Artículos Reservas
(Translation)
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.
Lituania Artículos Reservas
"(...) 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."
Luxemburgo Artículos Reservas
(Translation)
The Government of Luxembourg reserves the right in accordance with Article 14 of the Convention, not to apply the Convention to maintenance obligations between divorced or legally separated spouses or spouses whose marriage has been declared void or annulled 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 Articles 4 to 6 are applicable.
In accordance with Article 15, the Government of Luxembourg reserves the right to apply the Luxembourg law if the creditor and the debtor are both nationals of Luxembourg and if the maintenance debtor has his habitual residence in Luxembourg.
Países Bajos Artículos Notificaciones Reservas
12 December 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 Slnt 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.
Polonia Artículos Reservas
The instrument of accession contains two reservations:
(Translation)
The Republic of Poland has decided to join the Convention, reserving the right not to apply this Convention, in agreement with the provisions of Article 14, paragraphs 2 and 3, as well as making a reservation to the effect that its authorities shall apply its internal law, in agreement with the provisions of Article 15 of the Convention.
The instrument of accession was accompanied by a communication on those reservations:
(Translation)
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 spouses, in agreement with the provisions of Article 14, paragraphs 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 Artículos Reservas
"Ao abrigo do primeiro parágrafo do artigo 24° da Convenção, Portugal reservase o direito de não aplicar a mesma Convenção às obrigações alimentares a que se referem os nos. 2 e 3 do artigo 14° . e o de as suas autoridades aplicarem a sua lei interna quando o credor e o devedor tiverem a nacionalidade portuguesa e o devedor residir habitualmente em Portugal (art.° 15° )."
(Translation)
In accordance with Article 24, first paragraph, of the Convention the Portuguese State 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).
Suiza Artículos Reservas
(Translation)
1. 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; *
2. 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.
* By note of 26 March 1993, received on 29 March 1993, Switzerland informed of the withdrawal of the reservation with regard to Article 14, paragraphs 1 and 2. The reservation ceased to have effect on 1 June 1993.
Türkiye Artículos Reservas
(Translation)
The Republic of Turkey reserves in accordance with Article 24 of the Convention the right referred to in Article 14, sub-paragraphs 1 and 2, not to apply the Convention to maintenance obligations between persons related collaterally and between persons related by affinity, and 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.