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23 DE NOVEMBRO DE 1984

395

or if he was not afforded a sufficient opportunity to present his case, the divorce or legal separation may be refused recognition.

ARTICLE 9

Contracting States may refuse to recognize a divorce or legal separation if it is incompatible with a previous decision determining the matrimonial status of the spouses and that decision either was rendered in the State in which recognition is sought, or is recognized, or fulfils the conditions required for recognition in that State.

ARTICLE 10

Contracting States may refuse to recognize a divorce or legal separation if such recognition is manifestly incompatible with their public policy («ordre public»).

ARTICLE II

A State which is obliged to recognize a divorce under this Convention may not preclude either spouse from remarrying on the ground that the law of another State does not recognize that divorce.

ARTICLE 12

Proceedings for divorce or legal separation in any Contracting State may be suspended when proceedings relating to the matrimonial status of either party to the marriage are pending in another Contracting State.

ARTICLE 13

In the application of this Convention to divorces or legal separations obtained or sought to be recognized in Contracting States having, in matters of divorce or legal separation, two or more legal systems applying in different territorial units:

1) Any reference to the law of the State of ori-

gin shall be construed as referring to the law of the territory in which the divorce or separation was obtained;

2) Any reference to the law of the State in which

recognition is sought shall be construed as referring to the law of the forum; and

3) Any reference to domicile or residence in the

State of origin shall be construed as referring to domicile or residence in the territory in which the divorce or separation was obtained.

ARTICLE 14

For the purposes of articles 2 and 3 where the State of origin has in matters of divorce or legal separation two or more legal systems applying in different territorial units:

1) Article 2, sub-paragraph 3), shall apply where both spouses were nationals of the State of which the territorial unit where the divorce or legal separation was obtained forms a part, and that regardless of the habitual residence of the spouses;

2) Article 2, sub-paragraphs 4) and 5), shall apply where the petitioner was a national of the State of which the territorial unit where the divorce or legal separation was obtained forms a part.

ARTICLE 15

In relation to a Contracting State having, in matters of divorce or legal separation, two or more legal systems applicable to different categories of persons, any reference to the law of that State shall be construed as referring to the legal system specified by the law of that State.

ARTICLE 16

When, for the purposes of this Convention, it is necessary to refer to the law of a State, whether or not it is a Contracting State, other than the State of origin or the State in which recognition is sought, and having, in matters of divorce or legal separation, two or more legal systems of territorial or personal application, reference shall be made to the system specified by the law of that State.

ARTICLE 17

This Convention shall not prevent the application in a Contracting State of rules of law more favourable to the recognition of foreign divorces and legal separations.

ARTICLE 18

This Convention shall not affect the operation of other conventions to which one or several Contracting States are or may in the future become Parties and which contain provisions relating to the subject-matter of this Convention.

Contracting States, however, should refrain from concluding other conventions on the same matters incompatible with the terms of this Convention, unless for special reasons based on regional or other ties, and, notwithstanding the terms of such conventions, they undertake to recognize in accordance with this Convention divorces and legal separations granted in Contracting States which are not Parties to such other conventions.

ARTICLE 19

Contracting States may, not later than the time of ratification or accession, reserve the right:

1) To refuse to recognize a divorce or legal sep-

aration between two spouses who, at the time of the divorce or legal separation, were nationals of the State in which recognition is sought, and of no other Stale, and a law other than that indicated by the rules of private international law of the State of recognition was applied, unless the result reached is the same as that which would have been reached by applying the law indicated by those rules;

2) To refuse to recognize a divorce when, at the

time it was obtained, both parties habitually