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									1974          United Nations — Treaty Series •       Nations Unies — Recueil des Traités______445


                                 [TRANSLATION          TRADUCTION]
No. 2732. AGREEMENT BETWEEN SWEDEN, DENMARK, FINLAND, ICELAND
    AND NORWAY CONCERNING CHANGES IN THE TEXT OF ARTICLES 2,
    7 AND 9 OF THE CONVENTION CONCLUDED BETWEEN SWEDEN, DEN
    MARK, FINLAND, ICELAND AND NORWAY ON 6 FEBRUARY 1931' CON
    TAINING CERTAIN PROVISIONS OF PRIVATE INTERNATIONAL LAW
    REGARDING MARRIAGE, ADOPTION AND GUARDIANSHIP. SIGNED AT
    STOCKHOLM ON 23 MARCH 19532



AGREEMENT3 AMENDING THE ABOVE-MENTIONED CONVENTION OF 6 FEBRUARY 1931 1
   AS AMENDED BY THE AGREEMENT OF 23 MARCH 1953. 2 SIGNED AT STOCKHOLM
   ON 3 NOVEMBER 1969
Authentic texts: Danish, Finnish, Swedish (for Finland), Icelandic, Norwegian and
    Swedish (for Sweden).
Registered by Sweden on 17 December 1974.
     The Governments of Sweden, Denmark, Finland, Iceland and Norway have agreed
that articles 1, 2 and 10 of the Nordic Convention of 6 February 1931 1 containing certain
provisions of private international law regarding marriage, adoption and guardianship
shall read as follows:
          Article 1. If a national of one Contracting State applies to the authorities of
     another Contracting State for an investigation of impediments to marriage or for the
     publication of banns, his right to marry shall be determined by the law of the latter
     State if either of the prospective spouses is resident therein, and otherwise by the law
     of the State of which he is a national. The latter law shall, however, always apply
     if the applicant so requests. If the law of the country of nationality is to be applied,
     the competent authority may request that the right to contract marriage should be
     confirmed by a certificate issued by the authorities of that State.
          The investigation of impediments to marraige and the publication of banns shall
     in other respects be subject to the law of the State to which the competent authority
     belongs.
          Article 2. If an investigation of impediments to marriage or the publication of
     banns is effected by an authority of one Contracting State, the marriage may,
     provided that the investigation or publication is valid, be celebrated before an au
     thority of another Contracting State without a further such investigation or publication.
     This shall apply regardless of whether the prospective spouses are nationals of a
     Contracting State.
          The marriage celebration shall in other respects be subject to the law of the State
     before whose authority the marriage is celebrated.


    1 League of Nations, Treaty Series, vol. CXXVI, p. 121.
    2 United Nations, Treaty Series, vol. 202, p. 241.
    3 Came into force on 1 January 1970, the last of the instruments of ratification having been deposited
with the Government of Sweden on 29 December 1969, in accordance with the third paragraph of article 10.
The deposit of the instruments of ratification was effected as follows:
        State                                                                       Date of deposit
        Denmark ........................................................... 19 December 1969
        Iceland ............................................................. 23 December 1969
        Norway ............................................................ 23 December 1969
        Sweden............................................................. 23 December 1969
         Finland ............................................................. 29 December 1969
                                                                                         Vol. 956, A-2732
446               United Nations — Treaty Series •   Nations Unies — Recueil des Traités_____1974


          Article 10. The provisions of articles 7 to 9 shall be applied mutatis mutandis to
     the settlement of cases relating to the cancellation of marriage between persons who
     are now, and were at the time of marriage, nationals of Contracting States. If action
     is brought by one of the parties to the marriage, the question whether there are good
      reasons for cancellation shall, however, be decided by the law which determined the
     right of the plaintiff to contract marriage. If action is brought against both parties to
     the marriage, the cancellation shall not be granted unless the reasons for cancellation
      invoked constitute grounds therefor under the law of each State by whose law the
     right of the spouses to contract marriage was determined.
     This Agreement shall be ratified, and the instruments of ratification shall be
deposited with the Swedish Ministry of Foreign Affairs.
     The Agreement shall enter into force on 1 January or 1 July following the deposit by
all the Contracting States of their instruments of ratification.
     The Danish Ministry of Justice may, upon consultation with the Ministries of Justice
of the other Contracting States, determine that the Convention of 6 February 1931, as
subsequently amended, shall apply to Greenland. The Danish Ministry of Justice may,
subject to the same procedure, determine that the Convention shall apply to the Faroe
Islands and Greenland with such deviations as are required owing to the special circum
stances of the Faroe Islands and Greenland.
      IN WITNESS WHEREOF the undersigned plenipotentiaries have signed this Agreement.
      DONE at Stockholm on 3 November 1969 in one copy in the Swedish, Danish, Fin
nish, Icelandic and Norwegian languages, and, in the case of Swedish, in two texts, one
for Sweden and one for Finland.
                                                                     A. HESSELLUND-JENSEN
                                                                                   P. VASARA
                                                                                H. HAFSTEIN
                                                                            HENR. A. BROCH
                                                                              TORSTEN NlLSSON




      Vol. 956, A-2732
1974_____United Nations — Treaty Series •                Nattons Unies — Recueil des Traités                         463


                                   [TRANSLATION           TRADUCTION]

AGREEMENT' AMENDING THE CONVENTION OF 6 FEBRUARY 1931 2 BETWEEN SWEDEN,
     DENMARK, FINLAND, ICELAND AND NORWAY CONTAINING CERTAIN PROVISIONS
     OF PRIVATE INTERNATIONAL LAW REGARDING MARRIAGE, ADOPTION AND GUARDIAN
     SHIP, AS AMENDED BY THE AGREEMENTS OF 23 MARCH 1953 3 AND 3 NOVEMBER
     1969.4 SIGNED AT STOCKHOLM ON 20 NOVEMBER 1973
Authentic texts: Danish, Finnish, Swedish (for Finland), Icelandic, Norwegian and
     Swedish (for Sweden).
Registered by Sweden on 17 December 1974.
     The Governments of Sweden, Denmark, Finland, Iceland and Norway have agreed
that articles 1, 9, 10 and 22 of the Nordic Convention of 6 February 1931 2 containing
certain provisions of private international law regarding marriage, adoption and guardian
ship shall read as follows:
          Article I. If a national of one Contracting State applies to the authorities of
     another Contracting State for an investigation of impediments to marriage or for the
     publication of banns, his right to marry shall be determined by the law of the latter
     State if either of the prospective spouses is resident therein, and otherwise by the law
     of the State of which he is a national. The latter law shall, however, always apply if
     the applicant so requests. If the law of the country of nationality is to be applied, the
     competent authority may request that the right to contract marriage should be
     confirmed by a certificate issued by the authorities of that State.
          If the investigation of impediments to marriage in a Contracting State does not
     require, under the law of that State, consent to the marriage on the part of parents or
     guardians, account shall be taken, in the case of a prospective spouse resident in
     another Contracting State, of the provisions of the latter State's law regarding the
     requirement for such consent.
          The investigation of impediments to marriage and the publication of banns shall
     in other respects be subject to the law of the State to which the competent authority
     belongs.
          Article 9. With regard to the questions referred to in articles 7 and 8, the law
     existing in each State shall be applied therein. Questions regarding the division of
     property or compensation shall, however, always be decided by the law applicable to
     the property of married persons in accordance with article 3.
          Separation obtained in one of the States shall confer the same right to obtain
     divorce in the other States as if it had been obtained in those States.
          In a Contracting State which has no regulations governing separation but pro
     vides that divorce in certain cases shall be preceded by a period of reflection, spouses
     who have obtained separation in another Contracting State, have thereafter lived

    1 Came into force on 1 January 1974, the Agreement having been signed without reservation as to ratification
by Denmark and Norway and the last of the instruments of ratification having been deposited with the Govern
ment of Sweden on 31 December 1973, in accordance with the final provisions of the Agreement. The definitive
signatures and ratifications were effected as follows:
                                                                              Date of definitive signature ( A) or
        State                                                           deposit of instrument of ratification
        Denmark........................................................ 20 November 1973 (A)
        Norway......................................................... 20 November 1973 (A)
        Sweden ......................................................... 30 November 1973
        Iceland ......................................................... 28 December 1973
        Finland ......................................................... 31 December 1973
    2 League of Nations, Treaty Series, vol. CXXVI, p. 121.
    3 United Nations, Treaty Series, vol. 202, p. 241.
    4 See p. 445 of this volume.
                                                                                                  Vol. 956, A-2732
464______United Nations — Treaty Series •       Nattons Unies — Recueil des Traités       1974


     separately for a period of time corresponding to the period of reflection and have not
     resumed cohabitation shall be granted a divorce without a preceding period of re
     flection.
          Article 10. If separation is obtained by spouses whose property is subject to the
     law of a Contracting State which does not have regulations governing separation, the
    property which a spouse is to receive after the separation shall be his individual
    property and liability for debts shall be determined in accordance with the circum
    stances obtaining at the time of separation. In other respects, division of property
     following divorce shall be governed as appropriate by the law of that State.
          If a spouse dies after a separation has been obtained, separation shall be
     regarded as equivalent to divorce in so far as relates to the surviving spouse's right of
     statutory or testamentary inheritance from the deceased in cases where the applica
     ble law is that of a Contracting State which does not have regulations governing
     separation.
          Article 22. Administrative decisions and valid legal judgements rendered in one
     of the States in accordance with articles 5, 7, 8, 11, 13, 14, 15, 19 or 21 shall apply in
     the other States without special confirmation and without investigation of the cor
     rectness of the decision or its conditions in respect of residence or citizenship in one
     or another of the Contracting States. The same shall apply to valid legal judgements
     rendered in one of the States concerning the invalidity or cancellation of marriage
     between nationals of a Contracting State.
     The Contracting States may accede to this Agreement by
(a) Signature not subject to ratification or
(b) Signature subject to ratification, followed by ratification.
     The instruments of ratification shall be deposited with the Swedish Ministry of For
eign Affairs.
     The Agreement shall enter into force on 1 January or 1 July following the date on
which all the Contracting States have acceded to the Agreement.
     The Danish Ministry of Justice may, upon consultation with the Ministries of Justice
of the other Contracting States, determine that the Agreement shall apply to the Faroe
Islands and Greenland with such deviations as are required owing to the special circum
stances of the Faroe Islands and Greenland.
     IN WITNESS WHEREOF the undersigned plenipotentiaries have signed this Agreement.
      DONE at Stockholm on 20 November 1973 in one copy in the Swedish, Danish, Fin
nish, Icelandic and Norwegian languages, and, in the case of Swedish, in two texts, one
for Sweden and one for Finland.
                                    E. SCHRAM-NlELSEN

                                   Subject to ratification:
                                 EEVA-KRISTIINA FORSMAN
                            Subject to ratification by Parliament:
                                     SVEINN BJ RNSSON
                                       HERSLEB VOGT
                                    Subject to ratification:
                                      SVEN ANDERSSON



   Vol. 956, A-2732

								
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