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Convention on the law applicable to matrimonial property regimes

Parties with reservations, declarations and objections

Party Reservations / Declarations Objections
Netherlands, the Kingdom of the Yes No

Netherlands, the Kingdom of the

25-06-1992

1. On the occasion of the deposit today by the Kingdom of the Netherlands (for the Kingdom in Europe) of the instrument of acceptance of the Convention on the Law applicable to Matrimonial Property Regimes, done at The Hague on 14 March 1978, I have the honour to declare on behalf of the government of the Netherlands in accordance with article 28 of the Convention and as envisaged by article 5 of the Convention that according to sub-paragraph 1 of the second paragraph of article 4 of the Convention, the internal law of the Netherlands shall apply.
2. On the occasion of the deposit today by the Kingdom of the Netherlands (for the Kingdom in Europe) of the instrument of acceptance of the Convention on the Law applicable to Matrimonial Property Regimes, done at The Hague on 14 March 1978, I have the honour to declare on behalf of the government of the Netherlands, pursuant to article 28 of the Convention that in accordance with article 9, paragraphs 2 and 3 in respect of the effects of the matrimonial property regime on the legal relations between a spouse and a third party, the following shall apply:
a. The effects of the matrimonial property regime on legal relations between a spouse and a third party shall be governed by the law applicable to the matrimonial property regime under Dutch law, subject to the provisions of points b and c;
b. A spouse whose matrimonial property regime is governed by foreign law may have a notarial act entered in the register referred to in article 116, Book 1 of the Netherlands Civil Code containing a declaration that his/her matrimonial property regime is governed by foreign law;
c. A third party who during the marriage has performed a legal transaction with a spouse whose matrimonial property regime is governed by foreign law, may seek recourse for the debt arising from the legal transaction even after the dissolution of the marriage as if a general community of property existed between the spouses according to Dutch law, if both the third party and both spouses had their habitual residence in the Netherlands at the time of the legal transaction;
d. The provisions of point c shall not apply if the third party either knew or should have known at the time of the legal transaction that the matrimonial property regime of the spouses was governed by foreign law.
This is deemed to be the case if the legal transaction was performed at least fourteen days after an act as referred to in point b was entered in the said register.
3. On the occasion of the deposit today by the Kingdom of the Netherlands (for the Kingdom in Europe) of the instrument of acceptance of the Convention on the Law applicable to Matrimonial Property Regimes, done at The Hague on 14 March 1978, I have the honour to declare on behalf of the government of the Netherlands, that under Dutch law articles 85, paragraph 1, 86, 88 and 89 of Book I of the Civil Code do not belong to the matrimonial property regime within the meaning of the Convention.

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