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In this Act the Netherlands have approved the application of the Hague Convention of 14 March 1978 governing the law applicable to marital property regimes, yet under some reservations.
In accordance with Article 28 of the Hague Convention and as envisaged by Article 5 of that Convention the Netherlands have declared that, according to sub-paragraph 1 of the second paragraph of Article 4 of the Convention, the internal law of the Netherlands shall apply.
As principal rule the Hague Convention of 14 March 1978 specifies in Article 4 paragraph 1 that if the spouses, before marriage, have not designated the applicable law, their matrimonial property regime will be governed by the internal law of the State in which both spouses establish their first habitual residence after marriage. The Convention offers in Article 5 the possibility to make a reservation, indicating that the matrimonial property regime will be governed by the internal law of the State of the common nationality of the spouses. The Netherlands have made such a reservation.
Furthermore the Netherlands have declared, pursuant to Article 28 of the Convention, that in accordance with Article 9, paragraphs 2 and 3 in respect of the effects of the matrimonial property regime on the legal relations between a spouse and a third party, the following shall apply:
Finally the Netherlands have stated that under Dutch law Articles 1:85,
paragraph 1, 1:86, 1:88 and 1:89 of the Dutch Civil Code do not belong
to the matrimonial property regime within the meaning of the Convention.
These matters are governed by the Act Conflict of Law Rules for Marital
Property Regimes, which Act forms a part of the internal law of the Netherlands.