BWBV0002000
Artikel 24
Verdrag inzake het recht dat van toepassing is op erfopvolging
1. Any State may, at the time of signature, ratification, acceptance, approval or accession, make any of the following reservations:
a) that it will not apply the Convention to agreements as to succession as defined in Article 8, and therefore that it will not recognize a designation made under Article 5 if the designation is not expressed in a statement made in accordance with the requirements for a testamentary disposition;
b) that it will not apply Article 4;
c) that it will not recognize a designation made under Article 5 by a person who, at the time of his death, was not or was no longer either a national of, or habitually resident in, that State whose law he had designated, but at that time was a national of and habitually resident in the reserving State;
d) that it will not recognize a designation made under Article 5, if all of the following conditions are met - the law of the State making the reservation would have been the applicable law under Article 3 if there had been no valid designation made under Article 5,
- the application of the law designated under Article 5 would totally or very substantially deprive the spouse or a child of the deceased of an inheritance or family provision to which the spouse or child would have been entitled under the mandatory rales of the law of the State making this reservation.
- that spouse or child is habitually resident in or a national on that State.
- the law of the State making the reservation would have been the applicable law under Article 3 if there had been no valid designation made under Article 5,
- the application of the law designated under Article 5 would totally or very substantially deprive the spouse or a child of the deceased of an inheritance or family provision to which the spouse or child would have been entitled under the mandatory rales of the law of the State making this reservation.
- that spouse or child is habitually resident in or a national on that State.
2. No other reservation shall be permitted.
3. Any Contracting State may at any time withdraw a reservation which it has made; the reservation shall cease to have effect on the first day of the month following the expiration of three months after notification of the withdrawal.
a) that it will not apply the Convention to agreements as to succession as defined in Article 8, and therefore that it will not recognize a designation made under Article 5 if the designation is not expressed in a statement made in accordance with the requirements for a testamentary disposition;
b) that it will not apply Article 4;
c) that it will not recognize a designation made under Article 5 by a person who, at the time of his death, was not or was no longer either a national of, or habitually resident in, that State whose law he had designated, but at that time was a national of and habitually resident in the reserving State;
d) that it will not recognize a designation made under Article 5, if all of the following conditions are met - the law of the State making the reservation would have been the applicable law under Article 3 if there had been no valid designation made under Article 5,
- the application of the law designated under Article 5 would totally or very substantially deprive the spouse or a child of the deceased of an inheritance or family provision to which the spouse or child would have been entitled under the mandatory rales of the law of the State making this reservation.
- that spouse or child is habitually resident in or a national on that State.
- the law of the State making the reservation would have been the applicable law under Article 3 if there had been no valid designation made under Article 5,
- the application of the law designated under Article 5 would totally or very substantially deprive the spouse or a child of the deceased of an inheritance or family provision to which the spouse or child would have been entitled under the mandatory rales of the law of the State making this reservation.
- that spouse or child is habitually resident in or a national on that State.
2. No other reservation shall be permitted.
3. Any Contracting State may at any time withdraw a reservation which it has made; the reservation shall cease to have effect on the first day of the month following the expiration of three months after notification of the withdrawal.
- Citeren als
- Art. 24
- Status
- Geldend recht
- Identificatie
- BWBV0002000
- Officiële bron
- wetten.overheid.nl