General rule on applicable law
As a general rule, the 2007 Hague Protocol provides that “[m]aintenance obligations shall be governed by the law of the State of the habitual residence of the creditor” (Article 3(1)). This general rule, already contained in the 1973 Hague Applicable Law Convention and the 1956 Hague Convention, has the particular advantage of appointing the law as applicable which has the closest connection to the creditor’s social environment and living conditions. If the habitual residence of the creditor changes, the law applicable to the maintenance obligation will be that of the new habitual residence “as from the moment when the change occurs” (Article 3(2)).
- Description of the image
in progress