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«Статус Европейской конвенции о правовом статусе внебрачных детей (ETS N 85) (Страсбург, 15 октября 1975 года)» [рус., англ.] (по состоянию на 24.01.2011)





le 14, paragraph 1, the Luxembourg Government reserves the right to apply Article 2 of the Convention in such a way that maternal affiliation follows automatically only from indication of the mother's name on the child's birth certificate, provided however that maternal affiliation may nevertheless be established judicially by means of a maternal affiliation suit if it is proved by due legal process that the child concerned is the one to whom the alleged mother gave birth.
[Note by the Secretariat: This reservation has been renewed by Luxembourg by successive periods of five years. The last renewal takes effect as from 2 July 2007.]
Period covered: 2/7/1982 -
The preceding statement concerns Article(s): 2
Reservation made at the time of deposit of the instrument of ratification, on 1 April 1982 - Or. Fr.
The Luxembourg Government reserves the right not to apply Article 3 of the Convention in the case provided for by Article 334-7 of the Civil Code whereby if there exists between the father and the mother of a natural child one of the impediments to marriage provided for by Articles 161 and 162 on grounds of relationship, affiliation being already established with regard to the one, it is prohibited to establish affiliation with regard to the other.
[Note by the Secretariat: This reservation has been renewed by Luxembourg by successive periods of five years. The last renewal takes effect as from 2 July 2007.]
Period covered: 2/7/1982 -
The preceding statement concerns Article(s): 3
Reservation made at the time of deposit of the instrument of ratification, on 1 April 1982 - Or. Fr.
The Luxembourg Government reserves the right not to apply Article 4 of the Convention in the case provided for by Article 335(2) of the Civil Code whereby when a child was conceived as the result of an act of violence committed against the mother, affiliation is subject to the mother's consent. In such a case, paternal affiliation recognised without the mother's consent shall be void and shall be annulled upon application by the mother or by the public prosecutor.
[Note by the Secretariat: This reservation has been renewed by Luxembourg by successive periods of five years. The last renewal takes effect as from 2 July 2007.]
Period covered: 2/7/1982 -
The preceding statement concerns Article(s): 4

Moldova:
Declaration contained in the instrument of ratification deposited on 14 March 2002 - Or. Engl./Mol.
In accordance with Article 13, paragraph 1, of the Convention, the Republic of Moldova declares that it will not be bound by the provisions of the Convention with respect to the territory actually controlled by the local authorities of the self-proclaimed Trans-Dniester Republic until the final settlement of the conflict in this region.
Period covered: 15/6/2002 -
The preceding statement concerns Article(s): 13

Romania:
Declaration contained in a Note Verbale from the Consulate General of Romania dated 16 September 1993 registered at the Secretariat General on 17 September 1993 - Or. Fr.
I. On 16 September 1992, the date on which, by virtue of Act No. 101, Romania acceded to the European Convention on the Legal Status of Children Born out of Wedlock, domestic Romanian legislation contained no regulations at variance with the provisions of the Convention.
The main legal rules in force date from 1953 and are included in the Family Code. They satisfy a fundamental principle governing the regulations on the legal and social status of children as a whole, explicitly recognised in Article 44 (3) of the Constitution which specifies that "illegitimate children enjoy equality with legitimate children under the law".
II. The provisions of Articles 2, 3, 4, 6 (paragraph 1), 7 and 8 of the Convent



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