Batumi September 2011 Bernard MENUT - Huissier de Justice – 1 st Vice-president UIHJ Cross-border maintenance obligations - debt recovery 1 Romance or.

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Presentation transcript:

Batumi September 2011 Bernard MENUT - Huissier de Justice – 1 st Vice-president UIHJ Cross-border maintenance obligations - debt recovery 1 Romance or nightmare Complex legal background New York convention - June 20 th, 1956 Hague conventions (HCCH) - Georgia didn’t sign or ratify any of these (8) Convention of 24 October 1956 on the law applicable to maintenance obligations towards childrenConvention of 24 October 1956 on the law applicable to maintenance obligations towards children (9) Convention of 15 April 1958 concerning the recognition and enforcement of decisions relating to maintenance obligations towards childrenConvention of 15 April 1958 concerning the recognition and enforcement of decisions relating to maintenance obligations towards children (23) Convention of 2 October 1973 on the Recognition and Enforcement of Decisions Relating to Maintenance ObligationsConvention of 2 October 1973 on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations (38) Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family MaintenanceConvention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (39) Protocol of 23 November 2007 on the Law Applicable to Maintenance Obligations Protocol of 23 November 2007 on the Law Applicable to Maintenance Obligations Bilateral conventions about child maintenance Regulation EC 4/2009 December 18 th, 2008

Batumi September 2011 Bernard MENUT - Huissier de Justice – 1 st Vice-president UIHJ Cross-border maintenance obligations - debt recovery 2 Regulation EC 4/2009 December 18 th, Objectives 2.Area of freedom, security and justice 3.Legal EC environment 4.Efficient recovery of maintenance obligations 5.Entry into force Members States concerned

Batumi September 2011 Bernard MENUT - Huissier de Justice – 1 st Vice-president UIHJ Cross-border maintenance obligations - debt recovery 3 Scope of regulation CE 4/2009 I: A fair trial through a professional service of documents II: Jurisdiction imposed or chosen III: Examination as to jurisdiction

Batumi September 2011 Bernard MENUT - Huissier de Justice – 1 st Vice-president UIHJ Cross-border maintenance obligations - debt recovery 4 Co-operation between central authorities I: The requests II: Missions of the Central authorities 1: Fluxing and facilitation of enforcement 2: Easy access to justice – legal aid 3: Assistance to the creditor 4: Access to information a: Detailed information and data protection b: Transmission of information - confidentiality

Batumi September 2011 Bernard MENUT - Huissier de Justice – 1 st Vice-president UIHJ Cross-border maintenance obligations - debt recovery 5 Co-operation between central authorities III: Costs 1: Principle: Central authority intervention is free of charge 2: Exception: Specific measures can be charged 3: Recovery of enforcement costs

Batumi September 2011 Bernard MENUT - Huissier de Justice – 1 st Vice-president UIHJ Cross-border maintenance obligations - debt recovery 6 Mutual recognition and enforcement I: Mutual recognition without reservations II: Documents required for enforcement 1: Copy of the court decision 2: Detail about amount of the debt III: Refusal or suspension of enforcement IV: Provisional and protective measures V: Enforcement measures

Batumi September 2011 Bernard MENUT - Huissier de Justice – 1 st Vice-president UIHJ Cross-border maintenance obligations - debt recovery 7 Thank you for attention