PIL instrument(s)
Hague Maintenance Protocol
Case number and/or case name
OLG Stuttgart, 13.08.2014 – 17 WF 146/14
Details of the court
Germany, Second Instance
Articles referred to by the court
Hague Maintenance Protocol
Date of the judgement
12 August 2014
CJEU's case law cited by the court
Summary
The parties had obtained a divorce in Turkey under Turkish law and subsequently argued about maintenance claims. The creditor had renounced her right to post-marital maintenance before the Turkish court. The German court held that, notwithstanding the Turkish divorce decree, maintenance claims of the divorced creditor were governed by German law according to Art 3 (1) Hague Maintenance Protocol because the latter had been in force in Germany at the time the divorce had been pronounced and the creditor was habitually resident in Germany.
The court did not examine the relationship of the Maintenance Protocol with the prior Hague Convention of 2 October 1973 on the Law Applicable to Maintenance Obligations to which Turkey is a party. The issue is controversial in German academic literature.