Vorbehalte und Erklärungen für Vertrag Nr.105 - Europäisches Übereinkommen über die Anerkennung und Vollstreckung von Entscheidungen über das Sorgerecht für Kinder und die Wiederherstellung des Sorgeverhältnisses

Art der Erklärung : Vorbehalte
Datum 24/11/2020

Spanien

Reservation made at the time of deposit of the instrument of ratification, on 30 May 1984 - Or. Sp.

Pursuant to Article 27, Spain avails itself of the possibility provided for in Article 6(3) of the Convention and reserves the right to exclude the application of the provisions of Article 6(1)(b) by not accepting communications made in English or French or those accompanied by a translation into one of those languages.
In Kraft: 01/09/1984 -
Artikel betroffen : 6

Reservation made at the time of deposit of the instrument of ratification, on 30 May 1984 - Or. Sp. - and withdrawn by declaration transmitted by letter from the Permanent Representative of Spain, dated 4 February 1991, registered at the Secretariat General on 6 February 1991 - Or. Fr.

In accordance with the terms of Article 18, Spain makes the reservation that it shall not be bound by the provisions of Article 12.
In Kraft: 01/09/1984 - 06/02/1991
Artikel betroffen : 18

Reservation made at the time of deposit of the instrument of ratification, on 30 May 1984 - Or. Sp. - an d withdrawn by a letter from the Permanent Representative of Spain, dated 27 July 1995, registered at the Secretariat General on 28 July 1995 - Or. Fr.

Pursuant to Article 17(1) of the Convention, "Spain reserves the right, in cases covered by Articles 8 and 9, to refuse recognition and enforcement of decisions relating to custody of children on the following grounds :

a. if it is found that the effects of the decision are manifestly incompatible with the fundamental principles of the law relating to the family and children in Spain ;

b. if at the time when the proceedings were instituted in the State of origin :

i. the child was a Spanish national or was habitually resident in Spain and no such connexion existed with the State of origin ;

ii. the child was a national both of the State of origin and of Spain and was habitually resident in Spain;

c. if the decision is incompatible with a decision given in Spain, or enforceable in Spain after being given in a third State, pursuant to proceedings begun before the submission of the request for recognition or enforcement, and if the refusal is in accordance with the welfare of the child.

In the same cases, proceedings for recognition or enforcement may be adjourned on any of the following grounds :

a. if an ordinary form of review of the original decision has been commenced ;

b. if proceedings relating to the custody of the child, commenced before the proceedings in the State of origin were instituted, are pending in Spain ;

c. if another decision concerning the custody of the child is the subject of proceedings for enforcement or of any other proceedings concerning the recognition of the decision.
In Kraft: 01/09/1984 - 28/07/1985
Artikel betroffen : 17


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