Primeri uporabe Maintenance creditor v Angleški in njihovi prevodi v Slovenski
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This lawyer will represent the maintenance creditor at the court session.
Maintenance creditors are not permitted to submit an application without a lawyer.
Confirmation of this kind gives the maintenance creditor more legal certainty.
The compromise solutions provide for abolishing the exequatur procedure for all maintenance creditors.
This will enable maintenance creditors to enforce their rights more quickly and efficiently.
To this end, the convention has established a system of sending and receiving institutions,which assist the maintenance creditor in enforcing maintenance claims.
Where the maintenance creditor is a minor or does not have legal capacity, the payment is made to his legal representative.
Calling upon the services of the LBIO is free of charge for the maintenance creditor if both parties are resident in the Netherlands.
The applicant- the child maintenance creditor- may apply directly to the Administration of the Fund, submitting an application and the following documents:.
I agree that effective enforcement of maintenance obligations will improve the living conditions andeducation of many children who are first-line maintenance creditors.
Should the maintenance creditor apply to a specific organisation, a government department(central or local) or a court to obtain maintenance? .
Organisations that are responsible for paying family allowances may, under certain conditions, pay the maintenance creditor a family support allowance as an advance on the maintenance due.
In the meantime, maintenance creditors, the large majority of them children, live in very poor circumstances and often do not even have money to survive.
Social impact: Option B together with the implementation of theMaintenance Regulation is expected to allow maintenance creditors to recover a notable proportion of claims from recalcitrant debtors.
In such an event, the maintenance creditor may put forward a request for enforcement of the legal decision that declared that a right to maintenance payments existed.
Article 1412 of the Judicial Code nevertheless provides, firstly,that the rules of immunity from seizure cannot be enforced against a maintenance creditor and, secondly, that that person has absolute priority over the debtor's other creditors. .
If the maintenance debtor and the maintenance creditor both have Dutch nationality and the maintenance debtor has his or her habitual residence in the Netherlands;
If a maintenance creditor who is located in another Member State wishes to claim maintenance from a maintenance debtor residing in the Netherlands, he or she can invoke the system of the Convention.
This also allows avoiding the most unfair situations: the maintenance creditor will obtain a result adapted to his or her situation, without having to suffer from the disparity of the conflict-of-law rules.
If the maintenance creditor is in another EU Member State, and the maintenance debtor is in Latvia, the creditor may apply under the Maintenance Regulation to the central authority of the country in which the creditor resides.
The purpose of this Regulation is to ensure that a maintenance creditor is able easily to obtain in one Member State a decision which will be automatically enforceable in another Member State with no further formalities.
When a maintenance creditor is located in the territory of a Contracting Party to the Convention on the Recovery of Maintenance Abroad and the maintenance debtor comes under the jurisdiction of another Contracting Party, the former may send a request to the transmitting authority of the country in which the debtor is located in order to obtain maintenance from the latter.
If the law of the country of habitual residence of the maintenance creditor outside of the Netherlands does not award him or her a maintenance allowance andthe maintenance debtor and the maintenance creditor both have Dutch nationality;
Pursuant to the first indent, a maintenance creditor residing in the Netherlands may summons a maintenance debtor residing in France, for example, to appear before the Dutch court, which has international jurisdiction pursuant to Article 5(2).
If, after the court decision,circumstances of the maintenance debtor and/or maintenance creditor change significantly, a lawsuit can be filed to request a decrease or increase of child maintenance, while also changing the initially defined method of visitations.
Sub a means that a maintenance creditor residing in the Netherlands may summons a maintenance debtor residing in France, for example, to appear before the Dutch court, which has international jurisdiction pursuant to article 5 paragraph 2.
In matters relating to maintenance, in the courts for the place where the maintenance creditor is domiciled or habitually resident or, if the matter is ancillary to proceedings concerning the status of a person, in the court which, according to its own law, has jurisdiction to entertain those proceedings, unless that jurisdiction is based solely on the nationality of one of the parties;
Therefore, if the maintenance creditor is located in one of the contracting countries and the maintenance debtor is in Portugal, the Justice Administration Department, as the intermediary institution, acting within the limits of the powers granted by the maintenance creditor, takes all the steps appropriate to ensure the recovery of the maintenance on behalf of the latter.
(ii) it is important, too, that a maintenance creditor should have easy access in a Member State to a decision which will be automatically enforceable in another Member State without further formalities;
Given that one of the primary aims of the Regulation is to ensure that a maintenance creditor can easily obtain in a Member State a decision which will be automatically enforceable in another Member State without further formalities, the Maintenance Regulation includes measures relating to jurisdiction, conflict of laws, recognition and enforceability, enforcement, and legal aid, and is designed to bring about co-operation between central authorities.