Uniform Acts Drafting Conventions
Page 1 of 7The States signatory to the present Convention,
Considering the need to provide for the protection in international situations of adults who, by reason of an impairment or insufficiency of their personal faculties, are not in a position to protect their interests,
Wishing to avoid conflicts between their legal systems in respect of jurisdiction, applicable law, recognition and enforcement of measures for the protection of adults,
Recalling the importance of international co-operation for the protection of adults,
Affirming that the interests of the adult and respect for his or her dignity and autonomy are to be primary considerations,
Have agreed on the following provisions
CHAPTER I - SCOPE OF THE CONVENTION
1. This Convention applies to the protection in international situations of adults who, by reason of an impairment or insufficiency of their personal faculties, are not in a position to protect their interests.
2. Its objects are:
a) to determine the State whose authorities have jurisdiction to take measures directed to the protection of the person or property of the adult;
b) to determine which law is to be applied by such authorities in exercising their jurisdiction;
c) to determine the law applicable to representation of the adult;
d) to provide for the recognition and enforcement of such measures of protection in all Contracting States;
e) to establish such co-operation between the authorities of the Contracting States as may be necessary in order to achieve the purposes of this Convention.
1. For the purposes of this Convention, an adult is a person who has reached the age of 18 years.
2. The Convention applies also to measures in respect of an adult who had not reached the age of 18 years at the time the measures were taken.
The measures referred to in Article 1 may deal in particular with:
a) the determination of incapacity and the institution of a protective regime;
b) the placing of the adult under the protection of a judicial or administrative authority;
c) guardianship, curatorship and analogous institutions;
d) the designation and functions of any person or body having charge of the adult's person or property, representing or assisting the adult;
e) the placement of the adult in an establishment or other place where protection can be provided;
f) the administration, conservation or disposal of the adult's property;
g) the authorisation of a specific intervention for the protection of the person or property of the adult.
1. The Convention does not apply to:-
a) maintenance obligations;
b) the formation, annulment and dissolution of marriage or any similar relationship, as well as legal separation;
c) property regimes in respect of marriage or any similar relationship;
d) trusts or succession;
e) social security;
f) public measures of a general nature in matters of health;
g) measures taken in respect of a person as a result of penal offences committed by that person;
h) decisions on the right of asylum and on immigration;
- i) measures directed solely to public safety.
- Next >>