Keywords
Summary

Keywords

1 . CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - SCOPE - SUBJECT OF MAINTENANCE OBLIGATIONS - INCLUSION

( CONVENTION OF 27 SEPTEMBER 1968 , ART . 1 , FIRST PARAGRAPH )

2 . CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - SCOPE - CLAIM ANCILLARY TO PROCEEDINGS WHICH ARE EXCLUDED BY VIRTUE OF THEIR SUBJECT-MATTER - INCLUSION

( CONVENTION OF 27 SEPTEMBER 1968 , ART . 1 , FIRST PARAGRAPH )

3 . CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - SCOPE - DISTINCTION BETWEEN INTERIM AND FINAL MEASURES - NONE

( CONVENTION OF 27 SEPTEMBER 1968 , ARTS . 1 AND 24 )

4 . CONVENTION ON JURISDICTION AND THE ENFORCEMENT OF JUDGMENTS - SCOPE - INTERLOCUTORY MEASURE ORDERING THE PAYMENT OF A MAINTENANCE ALLOWANCE DURING DIVORCE PROCEEDINGS - INTERIM COMPENSATION PAYMENT AWARDED BY A DIVORCE JUDGMENT - INCLUSION

( CONVENTION OF 27 SEPTEMBER 1968 , ART . 1 , FIRST PARAGRAPH )

Summary

1 . THE SUBJECT OF MAINTENANCE OBLIGATIONS FALLS OF ITSELF WITHIN THE CONCEPT OF ' ' CIVIL . . . MATTERS ' ' WITHIN THE MEANING OF THE FIRST PARAGRAPH OF ARTICLE 1 OF THE CONVENTION AND ACCORDINGLY COMES WITHIN THE SCOPE OF THE CONVENTION SINCE IT HAS NOT BEEN EXCEPTED BY THE SECOND PARAGRAPH OF THAT ARTICLE .

2 . A CLAIM FALLS WITHIN THE SCOPE OF THE CONVENTION WHERE ITS OWN SUBJECT-MATTER IS ONE OF THE MATTERS COVERED BY THE CONVENTION EVEN IF IT IS ANCILLARY TO PROCEEDINGS WHICH , BECAUSE OF THEIR SUBJECT-MATTER , DO NOT COME WITHIN THE CONVENTION ' S SPHERE OF APPLICATION .

3 . THE INTERIM OR FINAL NATURE OF A JUDGMENT IS NOT RELEVANT TO WHETHER THE JUDGMENT COMES WITHIN THE SCOPE OF THE CONVENTION .

4 . THE CONVENTION IS APPLICABLE , ON THE ONE HAND , TO THE ENFORCEMENT OF AN INTERLOCUTORY ORDER MADE BY A FRENCH COURT IN DIVORCE PROCEEDINGS WHEREBY ONE OF THE PARTIES TO THE PROCEEDINGS IS AWARDED A MONTHLY MAINTENANCE ALLOWANCE AND , ON THE OTHER HAND , TO AN INTERIM COMPENSATION PAYMENT , PAYABLE MONTHLY , AWARDED TO ONE OF THE PARTIES BY A FRENCH DIVORCE JUDGMENT PURSUANT TO ARTICLE 270 ET SEQ . OF THE FRENCH CIVIL CODE .