Conflict of Law Rules for
Act of 16 September 1993 regarding a regulation for conflicts of laws
in respect of personal legal relations between spouses and of their relations
with regard to property not covered by their matrimonial property regime
Article 1 Law applicable to the personal legal relationship
between the spouses
- 1. The personal legal relations between the
spouses themselves are governed:
a. by the law of the State of the common nationality
of the spouses, or in the absence of a common nationality,
b. by the law of the State where they both
have their habitual residence, or in the absence of a common habitual
c. by the law of the State with which, taken
all circumstances into account, they are most closely connected.
- 2. The provisions in the first paragraph,
under point (a) [referring to the common nationality of the spouses],
are not applicable where the spouses have more than one common nationality.
- 3. Where, as a result of a change of one
of the circumstances mentioned in the first paragraph, the application
of the provisions of that paragraph leads to the application of another
law than the one applicable previously, that other law will be applicable
as of the date of that change.
Article 2 Law applicable to costs of the household
The question whether and to what extent a spouse is liable for an obligation
which the other spouse has entered into on behalf of the ordinary household,
will be governed, if that other spouse and the opposite party both had
their habitual residence in the same State at the moment on which they
entered into that obligation, by the law of that State.
Article 3 Law applicable to the necessary consent of the other spouse
for performing (specific) juridical acts
Whether a spouse needs the other spouse's consent to perform a (specific)
juridical act, and if so, in which form this consent should be granted,
and whether the required consent can be replaced by a decision of a court
or another authority and which legal effects arise when the required consent
is lacking, is governed by the law of the State where the other spouse
has his habitual residence at the moment on which the juridical act in
question was performed.
Article 4 Of no importance is the law applicable to
the matrimonial property regime or to the personal legal relationship
The provisions of Articles 2 and 3 are applicable irrespective of the
law that governs the matrimonial property regime of the spouses and irrespective
of the law applicable to the personal legal relationship between the spouses.
Article 5 Entry into force
This Act enters into force on a date to be set by Royal Decree [1
Article 6 Citation
This Act may be cited as the Act Conflict of Law Rules for Marital Relationships.