Declarações
Reservas
Depositary communications
Artigos: Arts 2, 3
Notice from the Depositary:
29-11-2020
With reference to depositary notification International recovery of child support No. 06/2019, dated 17 April 2019, regarding the accession to the Convention by Nicaragua, and with reference to depositary notification International recovery of child support No. 03/2020, dated 13 May 2020, regarding the declarations and a late reservation made by Nicaragua, the depositary communicates that the late reservation was withdrawn by Nicaragua on 12 November 2020.
13-05-2020
Nicaragua deposited its instrument of accession to the above-mentioned Convention on 8 March 2019, as notified in Depositary Notification International recovery of child support No. 06/2019.
On 20 April 2020 the Depositary received from Nicaragua declarations in respect of Article 2 (3) and Article 44 (1) and a reservation in respect of Article 20 (1)(e), as provided for in Article 20 (2) of the Convention.
Article 62 of the Convention stipulates, however, that a Contracting State may make a reservation provided for in Article 20 (2) not later than at the time of ratification, acceptance, approval or accession.
The Depositary proposes to receive the reservation in question for deposit in the absence of any objection on the part of one of the Contracting States, either to the deposit itself or to the procedure envisaged, within a period of one year from the date of the present notification. In the absence of any such objection, the said reservation will be received for deposit upon the expiration of the above stipulated one year period, that is on 13 May 2021.
Late Reservation:
20-04-2020
(Translation)
Article 2
Nicaragua expresses a reservation with regard to Article 20 (1)(e) of the Convention, and accordingly Nicaragua will only recognise agreements which have been approved by a judicial authority, which comply with legal requirements, and which do not violate national legislation.”
Withdrawal of Late Reservation:
12-11-2020
(Translation)(Original: Spanish)
“[…] by means of Note […], the Republic of Nicaragua formulated an express Reservation to Article 20, Section 1, Subparagraph (e).
Based on Article 62, Section 2 of the Convention, this Ministry has the pleasure of informing the Ministry of Foreign Affairs of the Kingdom of the Netherlands that by means of this Note, it withdraws the reservation submitted in the above-mentioned Note, kindly requesting your good offices so that the other members of the Hague Conference on Private International Law be informed thereof.
The declarations presented in Note […] remain in force.”
Declarations:
20-04-2020
(Translation)
Article 3
a) Nicaragua declares, in accordance with Article 2 (3) of the Convention, that for the purposes and within the scope of the concept of maintenance obligations and their coverage, it will be governed by the provisions of the Family Code, Act no. 870, of 24 June 2014.
b) Nicaragua declares, in accordance with Article 44 (1) of the Convention, that any application and related documents must be accompanied by a translation into the Spanish language.