deelnemende landen rechtsvorderingsverdrag 1954

Verdrag betreffende de burgerlijke rechtsvordering

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The Argentine Republic deems the institution of imprisonment for debts in civil and commercial matters, in the current state of international law, to be contrary to the general principles recognized by civilized nations (section 38 para 1, c) of the Statute of the International Court of Justice.

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In accordance with the Joint Declaration of the Government of the People's Republic of China and the Government of the Republic of Portugal on the Question of Macao (hereinafter referred to as the Joint Declaration) signed on 13 April 1987, the Government of the People's Republic of China will resume the exercise of sovereignty over Macao with effect from 20 December 1999. Macao will from that date, become a Special Administrative Region of the People's Republic of China and will enjoy a high degree of autonomy, except in foreign and defence affairs which are the responsibilities of the Central People's Government of the People's Republic of China.

It is provided both in Section VIII of Elaboration by the Government of the People's Republic of China of its Basic Policies Regarding Macao, which is annex I to the Joint Declaration, and Article 138 of the Basic Law of Macao Special Administrative Region of the People's Republic of China, which was adopted on 31 March 1993 by the National People's Congress of the People's Republic of China, that international agreements to which the Government of the People's Republic of China is not yet a party but which are implemented in Macao may continue to be implemented in the Macao Special Administrative Region.

In accordance with the provisions mentioned above, I am instructed by the Minister of Foreign Affairs of the People's Republic of China, to inform Your Excellency of the following:

The Convention Relating to Civil Procedure, done at The Hague on 1 March 1954 (hereinafter referred to as the Convention), which applies to Macao at present, will continue to apply to the Macao Special Administrative Region with effect from 20 December 1999.

Within the above ambit, the Government of the People's Republic of China will assume the responsibility for the international rights and obligations that place on a Party to the Convention.

With reference to the provisions of the Article 15 of the Convention, the diplomatic or consular agents will not be permitted to execute letters rogatory directly towards nationals of the People's Republic of China or of a third State in the Macao Special Administrative Region.

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In accordance with article 32 of the Convention, the Republic of Cyprus reserves the right to limit the application of article 17 to nationals of the contracting States who have their customary residence in its territory.

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The Government of Denmark wishes to avail itself of the right set out in Articles 6 and 15 of the Convention relating to Civil Procedure, concluded at The Hague on 1 March 1954, by objecting to the adaptation to Denmark of the procedures referred to in the said Article 6, paragraph 1, sub-paragraph 3, and Article 15.

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Iceland objects to the use of such methods of service of documents on its territory as mentioned in sub-paragraph 2 of paragraph 1 of Article 6 of the Convention.

In accordance with Article 15 of the Convention, Iceland declares that Letters of Request can only be directly executed by diplomatic officers or consular agents if, upon application, prior permission to that effect has been granted by the Ministry of Justice and Ecclesiastical Affairs.

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[...] the Government of the Republic of Montenegro succeeds to the [Convention relating to civil procedure, concluded at The Hague on 1 March 1954,] and takes faithfully to perform and carry out the stipulations therein contained as from 3 June 2006, the date upon the Republic of Montenegro assumed responsibility for its international relations.

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[...] declare [...] that, for the Kingdom of the Netherlands, the term "metropolitan territories" used in the said Convention shall mean "European territory", in view of the equality which exists under public law between the Netherlands, Suriname and the Netherlands Antilles.

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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.

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[...] to confirm that in accordance with the procedure existing in Ukraine legal documents issued by foreign law authorities and intended for delivery to persons residing on the territory of Ukraine, as well as legal instructions of the above-mentioned law authorities should be forwarded for execution to the relevant Ukrainian institutions by diplomatic channels through the Ministry of Foreign Affairs of Ukraine. This procedure shall, by no means, prevent diplomatic and consular missions of foreign countries in Ukraine from presenting documents to citizens of the countries represented by these missions in accordance with the provisions of the last paragraph of Article 6 of the Convention.

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Article 1, paragraph 3:

The Government of the People's Republic of Poland will not avail itself of the clause stating that requests for service of documents by Polish courts shall be transmitted through diplomatic channels.

Article 6:

The Government of the People's Republic of Poland does not consent to the service of documents in the manner referred to in Article 6, paragraphs 1 and 2; accordingly, service by mail or by the interested parties directly through the good offices of law officers or other competent officials in Poland is not possible.

The Government of the People's Republic of Poland does, however, on condition of reciprocity, consent to documents being served in the manner referred to in Article 6, paragraph 3, namely that service by diplomatic or consular agents of the requesting State may be effected only on its nationals in Poland and without recourse to duress.

Article 9, paragraph 3:

The Government of the People's Republic of Poland will not avail itself of the clause stating that letters rogatory to be executed by Polish courts shall be transmitted through diplomatic channels.

Article 18:

The Government of the People's Republic of Poland states to all the signatory States that it agrees to requests for an exequatur of foreign judicial decisions on costs and expenses as referred to in Article 18 of the Convention also being addressed by the interested parties directly to the competent Polish courts.

Article 3, paragraph 2, Article 10 and Article 19:

In respect of the language of the translations which must accompany requests for service and documents to be served (Article 3), letters rogatory (Article 10) and requests for an exequatur of judicial decisions relating to costs and expenses as well as the documents transmitted with such requests (Article 19), the Government of the People's Republic of Poland declares that it will first apply the principle adopted by the Convention, namely, that it will use the language of the requested State. However, in order to facilitate legal relations, in particular, if the number of translators into the Polish language in the requesting State is insufficient, the Government of the People's Republic of Poland consents, on condition of reciprocity, to the use of the language of a third State (French or English).

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By note of 21 April 1968, the Portuguese Government has given notice that the Portuguese Government wishes to avail itself of the right conferred on it by Article 1, paragraph 3 and Article 9, paragraph 3 of the Hague Convention relating to Civil Procedure concluded on 1 March 1954. Under those conditions, the contracting States must continue to transmit judicial documents and letters rogatory addressed to the Portuguese judicial authorities through diplomatic channels.

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In accordance with the Joint Declaration of the Government of the Portuguese Republic and of the Government of the People's Republic of China on the question of Macau, signed in Beijing on 13 April 1987, the Government of the Portuguese Republic will remain internationally responsible for Macau until 19 December 1999, the People's Republic of China resuming from that date the exercise of sovereignty over Macau, with effect from 20 December 1999.

From 20 December 1999 the Portuguese Republic will cease to be responsible for the international rights and obligations arising from the application of the Convention in Macau.

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[...] the Republic of Portugal withdraws, exclusively as to the application of the Convention in Macau, the declaration it has made through its notification of 21 April 1968 regarding paragraphs 3 of Articles 1 and 9 of the Convention.

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With regard to the provisions of Articles 1, 6, 9 and 15 of the above-said Convention I have the honour to inform you that in conformity to the procedure existing in the Russian Federation legal documents issued by foreign law authorities and intended for the delivery to persons residing on the territory of the Russian Federation, as well as legal instructions of the above-mentioned law authorities should be forwarded for execution to the relevant Russian institutions by diplomatic channels through the Ministry of Foreign Affairs of the Russian Federation. This procedure shall, by no means, prevent diplomatic and consular missions of foreign countries in the Russian Federation to present documents to citizens of the countries represented by these missions in accordance with the conditions stipulated in the last paragraph of Article 6 of said Convention.

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Relating to the conditions stipulated in Articles 1, 6, 9 and 15 of the abovesaid Convention I have the honour to bring it to your notice that according to the procedure existing in the USSR juridical documents issued by the foreign law authorities and intended for the delivery to the persons residing at the USSR territory as well as the juridical instructions of the abovementioned law authorities should be transferred for their execution to the corresponding Soviet authorities by diplomatic channels through the Ministry of Foreign Affairs of the USSR. This procedure does not prevent, of course, the diplomatic or consular mission of foreign countries in the USSR to present the documents to the citizens of the countries represented by these missions in accordance with the conditions stipulated in the last paragraph of Article 6 of the Convention.

While joining the Convention the Government of the Union of Soviet Socialist Republics considers it necessary to declare that the points of Article 30 of the Convention on the Civil Law Procedure providing for the possibility of spreading the Convention by the Contracting states on "the territories for the international relations of which they bear the responsibility" are obsolete and contradict the Declaration on granting the independence to the colonial countries and peoples, which has been adopted by the XV session of the General Assembly of the United Nations Organization in December of 1960.

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[...] that, following the adoption and promulgation of the Constitutional Charter of Serbia and Montenegro by the Assembly of the Federal Republic of Yugoslavia on February 4, 2003, as previously adopted by the National Assembly of the Republic of Serbia on 27 January 2003 and by the Assembly of the Republic of Montenegro on 29 January 2003, the name of the State of the Federal Republic of Yugoslavia has been changed to Serbia and Montenegro.

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... following the declaration of the state independence of Montenegro, and under the Article 60 of the Constitutional Charter of the state union of Serbia and Montenegro, the Republic of Serbia is continuing international personality of the state union of Serbia and Montenegro, which was confirmed also by the National Assembly of the Republic of Serbia at its session held on 5 June 2006.

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1. The Government of the Republic of Turkey declares that it is opposed to the utilisation of the methods of serving documents enumerated in Article 6 of the Convention. However, diplomatic or consular agents may serve documents only on nationals of their own country.

2. The Government of the Republic of Turkey recognizes the right of diplomatic and consular agents to execute letters rogatory, in conformity with Article 15 of the Convention, only in respect of nationals of their own country.

Autoriteiten

Central Authority:

The Government of the Republic of Bosnia and Herzegovina designates the Ministry of Justice and Administration of the Republic of Bosnia and Herzegovina as the competent authority for the purposes envisaged in Article 1 of the Convention.

Autoriteiten

Central Authority:

Ministry of Justice of Bosnia and Herzegovina

Autoriteiten

Central Authority:

Permanent Secretary,

Ministry of Justice & Public Order

Autoriteiten

In conformity with the provisions of Articles 1 and 9 of the Convention the Ministry of Justice, Service civil de l'entraide judiciaire internationale (Civil international legal cooperation department), is designated as the competent authority to receive requests for the service of writs and extra-judicial documents, as also letters rogatory.

Autoriteiten

Competent Authority in accordance with the provisions of articles 1 and 9 of the Convention:

Ministry of Justice

Direction des Affaires Civiles et du Sceau

Bureau de l'entraide civile et commerciale internationale (D3)

Autoriteiten

Iceland hereby declares that in civil and commercial matters, the service of documents addressed to persons abroad, in accordance with Article 1, paragraph 1, of the Convention of 1 March 1954 on Civil Procedure, shall be made to the Ministry of Justice and Ecclesiastical Affairs.

Iceland further declares that letters of Request shall be transmitted by the consul of the requesting State, in accordance with Article 9, paragraph 1 of the Convention of 1 March 1954 on Civil Procedure, to the Ministry of Justice and Ecclesiastical Affairs.

Lastly, Iceland declares that the application for legal aid by an indigent person who is in a country other than that in which the free legal aid is to be sought in accordance with Article 23, paragraph 1 of the Convention of 1 March 1954 on Civil Procedure, shall be transmitted to the Ministry of Justice and Ecclesiastical Affairs.

Autoriteiten

1) The Minister for Foreign Affairs is designated as the authority which receives requests for service from the Consul of the contracting States, pursuant to the first paragraph of Article 1.

2) The Minister for Foreign Affairs is designated as the authority which receives letters rogatory from the Consul of the contracting States, pursuant to the first paragraph of Article 9.

3) The Minister for Foreign Affairs is designated as the authority which receives requests for free legal aid, pursuant to the first paragraph of Article 23.

Autoriteiten

Central Authority:

In conformity with Articles 1 and 9 of the Convention, request by the Consul of the Applicant State is submitted to the Ministry of Justice and Administration of the Republic of Croatia.

Autoriteiten

For the European part of the Netherlands, the authority which, in accordance with the provisions of the Convention, executes Letters of Request originating from the States in which the Convention is in force is the district court within whose jurisdiction execution must take place.

For the Caribbean part of the Netherlands the authority to whom, in accordance with the provisions of the Convention, Letters of Request originating from States in which the Convention is in force must be transmitted is the President of the Court of Justice.

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Article 1, paragraph 1:

The Government of the People's Republic of Poland designates as the competent authorities for receiving requests for the service of documents from abroad the presidents of the Voivodie courts in the department in which the person on whom service has been requested resides, irrespective of the channel by which the request was transmitted - by consular or diplomatic agents of the State which is a party to the Convention.

Article 9, paragraph 1:

The Government of the People's Republic of Poland designates the Ministry of Justice as the authority for receiving foreign letters rogatory.

Autoriteiten

Authority

The Romanian Government has designated its Ministry of Justice as the competent authority to receive requests for the service of documents emanating from other countries as provided for in paragraph 1 of Article 1 of the Convention relating to Civil Procedure, letters rogatory as provided for in Article 9, paragraph 1, and requests for free legal aid as provided for in Article 23 of the above-mentioned Convention.

Autoriteiten

Central Authority:

Ministry of Justice of the Republic of Serbia

Autoriteiten

Central Authority (modification):

Ministry of Justice of the Republic of Serbia

International Legal Assistance Department

Autoriteiten

Central Authority:

Slovenia designates the Ministry of Justice and Administration of the Republic of Slovenia as the competent authority for the purposes envisaged in article 1 of the Convention.

Depositaire mededelingen

In accordance with Article 30, third paragraph, the Convention entered into force between the Islands of Saint Pierre and Miquelon, the French Coast of Somaliland, New Caledonia and Dependencies and French Polynesia and the following States on the date indicated:

22-02-1961 the Kingdom of the Netherlands

25-02-1961 Belgium

25-02-1961 Switzerland

26-02-1961 Denmark

01-03-1961 Luxembourg

01-03-1961 Norway

01-03-1961 Sweden

01-03-1961 the Federal Republic of Germany

05-03-1961 Austria

06-03-1961 Finland

17-03-1961 Italy