BWBV0002002
Geldig vanaf 20-08-1979
Artikel 23
Verdrag betreffende de erkenning en de ten uitvoerlegging van buitenlandse vonnissen in burgerlijke en handelszaken
In the Supplementary Agreements referred to in Article 21 the Contracting States may agree -
(1) to clarify the meaning of the expression "civil and commercial matters", to determine the courts whose decisions shall be recognized and enforced under this Convention, to define the expression "social security" and to define the expression "habitual residence";
(2) to clarify the meaning of the term "law" in States with more than one legal system;
(3) to include within the scope of this Convention questions relating to damage or injury in nuclear matters;
(4) to apply this Convention to decisions ordering provisional or protective measures;
(5) not to apply this Convention to decisions rendered in the course of criminal proceedings;
(6) to specify the cases under which a decision is no longer subject to ordinary forms of review;
(7) to recognize and enforce decisions upon which enforcement could be obtained in the State of origin even if such decisions are still subject to ordinary forms of review and in such a case to define the conditions under which a stay of proceedings for recognition or enforcement is possible;
(8) not to apply Article 6 if the decision rendered by default was notified to the defaulting party and the latter had the opportunity to lodge a timely appeal against such a decision;
(8bis) that the Authority addressed shall not be bound by the findings of fact on which the court of the State of origin based its jurisdiction;
(9) to consider the courts of the State in which the defendant has his "domicile" as having jurisdiction under Article 10;
(10) that the court of origin shall be considered as having jurisdiction under the terms of this Convention in cases where its jurisdiction is admitted by another Convention in force between the State of origin and the State addressed if that other Convention contains no special rules relating to the recognition or enforcement of foreign judgments;
(11) that the court of origin shall be considered as having jurisdiction under the terms of this Convention either when its jurisdiction is admitted by the law of the State addressed relating to the recognition or enforcement of foreign judgments, or on grounds additional to those in Article 10;
(12) to define, for the purposes of the application of Article 12, the bases of jurisdiction which are exclusive by reason of the subject - matter of the action;
(13) to exclude, in cases where exclusive jurisdiction is based on an agreement between the parties, the application of sub-paragraph 1 of Article 12 as well as to exclude that of sub-paragraph 3 of Article 12;
(14) to regulate the procedure for obtaining recognition or enforcement;
(15) to regulate the enforcement of judgments other than those which order the payment of a sum of money;
(16) that the enforcement of a foreign judgment may be refused when a specified period has elapsed from its date;
(17) to fix the rate of interest payable from the date of the judgment in the State of origin;
(18) to adapt to the requirements of their legal systems the list of documents required by Article 13, but with the sole object of enabling the authority addressed to verify whether the conditions of this Convention have been fulfilled;
(19) to subject the documents referred to in Article 13 to legalisation or to a similar formality;
(20) to depart from the provisions of Article 17 and to depart from the provisions of Article 18;
(21) to make the provisions of paragraph 1 of Article 20 obligatory;
(22) to include within the scope of this Convention "actes authentiques", including documents upon which immediate enforcement can be obtained, and to specify those documents.
(1) to clarify the meaning of the expression "civil and commercial matters", to determine the courts whose decisions shall be recognized and enforced under this Convention, to define the expression "social security" and to define the expression "habitual residence";
(2) to clarify the meaning of the term "law" in States with more than one legal system;
(3) to include within the scope of this Convention questions relating to damage or injury in nuclear matters;
(4) to apply this Convention to decisions ordering provisional or protective measures;
(5) not to apply this Convention to decisions rendered in the course of criminal proceedings;
(6) to specify the cases under which a decision is no longer subject to ordinary forms of review;
(7) to recognize and enforce decisions upon which enforcement could be obtained in the State of origin even if such decisions are still subject to ordinary forms of review and in such a case to define the conditions under which a stay of proceedings for recognition or enforcement is possible;
(8) not to apply Article 6 if the decision rendered by default was notified to the defaulting party and the latter had the opportunity to lodge a timely appeal against such a decision;
(8bis) that the Authority addressed shall not be bound by the findings of fact on which the court of the State of origin based its jurisdiction;
(9) to consider the courts of the State in which the defendant has his "domicile" as having jurisdiction under Article 10;
(10) that the court of origin shall be considered as having jurisdiction under the terms of this Convention in cases where its jurisdiction is admitted by another Convention in force between the State of origin and the State addressed if that other Convention contains no special rules relating to the recognition or enforcement of foreign judgments;
(11) that the court of origin shall be considered as having jurisdiction under the terms of this Convention either when its jurisdiction is admitted by the law of the State addressed relating to the recognition or enforcement of foreign judgments, or on grounds additional to those in Article 10;
(12) to define, for the purposes of the application of Article 12, the bases of jurisdiction which are exclusive by reason of the subject - matter of the action;
(13) to exclude, in cases where exclusive jurisdiction is based on an agreement between the parties, the application of sub-paragraph 1 of Article 12 as well as to exclude that of sub-paragraph 3 of Article 12;
(14) to regulate the procedure for obtaining recognition or enforcement;
(15) to regulate the enforcement of judgments other than those which order the payment of a sum of money;
(16) that the enforcement of a foreign judgment may be refused when a specified period has elapsed from its date;
(17) to fix the rate of interest payable from the date of the judgment in the State of origin;
(18) to adapt to the requirements of their legal systems the list of documents required by Article 13, but with the sole object of enabling the authority addressed to verify whether the conditions of this Convention have been fulfilled;
(19) to subject the documents referred to in Article 13 to legalisation or to a similar formality;
(20) to depart from the provisions of Article 17 and to depart from the provisions of Article 18;
(21) to make the provisions of paragraph 1 of Article 20 obligatory;
(22) to include within the scope of this Convention "actes authentiques", including documents upon which immediate enforcement can be obtained, and to specify those documents.
- Citeren als
- Art. 23
- Geldig vanaf
- Status
- Geldend recht
- Identificatie
- BWBV0002002
- Officiële bron
- wetten.overheid.nl