Verdrag inzake de wetsconflicten betreffende de vorm van testamentaire beschikkingen

Geldig vanaf 1 augustus 1982

Verdrag inzake de wetsconflicten betreffende de vorm van testamentaire beschikkingen

Opschrift

[Tekst geldig vanaf 01-08-1982]

Convention on the conflicts of laws relating to the form of testamentary dispositions

Preambule

The States signatory to the present Convention,

Desiring to establish common provisions on the conflicts of laws relating to the form of testamentary dispositions,

Have resolved to conclude a Convention to this effect and have agreed upon the following provisions:

Article 1

A testamentary disposition shall be valid as regards form if its form complies with the internal law:

of the place where the testator made it, or
of a nationality possessed by the testator, either at the time when he made the disposition, or at the time of his death, or
of a place in which the testator had his domicile either at the time when he made the disposition, or at the time of his death, or
of the place in which the testator had his habitual residence either at the time when he made the disposition, or at the time of his death, or
so far as immovables are concerned, of the place where they are situated.

For the purposes of the present Convention, if a national law consists of a non-unified system, the law to be applied shall be determined by the rules in force in that system and, failing any such rules, by the most real connexion which the testator had with any one of the various laws within that system.

The determination of whether or not the testator had his domicile in a particular place shall be governed by the law of that place.

Article 2

Article 3

Article 4