5. Article

1. (1)) This Convention applies to the protection in
2. (2)) Its objects are -
3. a)) to determine the State whose authorities have
4. b)) to determine which law is to be applied by such
5. c)) to determine the law applicable to representation
6. d)) to provide for the recognition and enforcement of
7. e)) to establish such co-operation between the
8. (1)) For the purposes of this Convention, an adult is a
9. (2)) The Convention applies also to measures in respect
10. a)) the determination of incapacity and the
11. b)) the placing of the adult under the protection of a
12. c)) guardianship, curatorship and analogous
13. d)) the designation and functions of any person or
14. e)) the placement of the adult in an establishment or
15. f)) the administration, conservation or disposal
16. g)) the authorisation of a specific intervention for
17. (1)) The Convention does not apply to -
18. a)) maintenance obligations;
19. b)) the formation, annulment and dissolution of
20. c)) property regimes in respect of marriage or any
21. d)) trusts or succession;
22. e)) social security;
23. f)) public measures of a general nature in
24. g)) measures taken in respect of a person as a result
25. h)) decisions on the right of asylum and on
26. i)) measures directed solely to public
27. (2)) Paragraph 1 does not affect, in respect of the
28. (1)) The judicial or administrative authorities of the
29. (2)) In case of a change of the adult's habitual
30. (1)) For adults who are refugees and those who, due to
31. (2)) The provisions of the preceding paragraph also apply
32. (1)) Except for adults who are refugees or who, due to
33. (2)) This jurisdiction shall not be exercised if the
34. (3)) The measures taken under paragraph 1 shall lapse as
35. (1)) The authorities of a Contracting State having
36. (2)) The Contracting States whose authorities may be
37. a)) a State of which the adult is a national;
38. b)) the State of the preceding habitual residence of
39. c)) a State in which property of the adult is
40. d)) the State whose authorities have been chosen in
41. e)) the State of the habitual residence of a person
42. f)) the State in whose territory the adult is
43. (3)) In case the authority designated pursuant to the
44. (1)) In all cases of urgency, the authorities of any
45. (2)) The measures taken under the preceding paragraph
46. (3)) The measures taken under paragraph 1 with regard to
47. (4)) The authorities which have taken measures under
48. (1)) By way of exception, the authorities of a
49. (2)) The measures taken under the preceding paragraph
50. (1)) In exercising their jurisdiction under the
51. (2)) However, in so far as the protection of the person
52. (1)) The existence, extent, modification and extinction
53. (2)) The States whose laws may be designated are -
54. a)) a State of which the adult is a national;
55. b)) the State of a former habitual residence of the
56. c)) a State in which property of the adult is located,
57. (3)) The manner of exercise of such powers of
58. (1)) The validity of a transaction entered into between a
59. (2)) The preceding paragraph applies only if the
60. (1)) The measures taken by the authorities of a
61. (2)) Recognition may however be refused -
62. a)) if the measure was taken by an authority whose
63. b)) if the measure was taken, except in a case of
64. c)) if such recognition is manifestly contrary to
65. d)) if the measure is incompatible with a later
66. e)) if the procedure provided in Article 33 has not
67. (1)) If measures taken in one Contracting State and
68. (2)) Each Contracting State shall apply to the
69. (3)) The declaration of enforceability or registration
70. (1)) A Contracting State shall designate a Central
71. (2)) Federal States, States with more than one system of
72. (1)) Central Authorities shall co-operate with each other
73. (2)) They shall, in connection with the application of
74. a)) facilitate communications, by every means, between
75. b)) provide, on the request of a competent authority
76. (1)) Where a measure of protection is contemplated, the
77. (2)) A Contracting State may declare that requests under
78. (3)) The competent authorities of a Contracting State may
79. (1)) If an authority having jurisdiction under Articles 5
80. (2)) The decision on the placement may not be made in the
81. (1)) Without prejudice to the possibility of imposing
82. (2)) Any Contracting State may enter into agreements with
83. (1)) The authorities of the Contracting State where a
84. (2)) The capacity and powers indicated in the certificate
85. (3)) Each Contracting State shall designate the
86. (1)) The designations referred to in Article 28 and
87. (2)) The declaration referred to in Article 32, paragraph
88. a)) any reference to habitual residence in that State
89. b)) any reference to the presence of the adult in that
90. c)) any reference to the location of property of the
91. d)) any reference to the State of which the adult is a
92. e)) any reference to the State whose authorities have
93. f)) any reference to the law of a State with
94. g)) any reference to the law or procedure or authority
95. h)) any reference to the law or procedure or authority
96. i)) any reference to the State where a measure of
97. j)) any reference to bodies or authorities of that
98. a)) if there are rules in force in such a State
99. b)) in the absence of such rules, the law of the
100. a)) if there are rules in force in such a State
101. b)) in the absence of such rules, the law of the
102. (1)) The Convention does not affect any other
103. (2)) This Convention does not affect the possibility for
104. (3)) Agreements to be concluded by one or more
105. (4)) The preceding paragraphs also apply to uniform laws
106. (1)) The Convention shall apply to measures only if they
107. (2)) The Convention shall apply to the recognition and
108. (3)) The Convention shall apply from the time of its
109. (1)) Any communication sent to the Central Authority or
110. (2)) However, a Contracting State may, by making a
111. (1)) The Convention shall be open for signature by the
112. (2)) It shall be ratified, accepted or approved and the
113. (1)) Any other State may accede to the Convention after
114. (2)) The instrument of accession shall be deposited with
115. (3)) Such accession shall have effect only as regards the
116. (1)) If a State has two or more territorial units in
117. (2)) Any such declaration shall be notified to the
118. (3)) If a State makes no declaration under this Article,
119. (1)) Any State may, not later than the time of
120. (2)) Any State may at any time withdraw the reservation
121. (3)) The reservation shall cease to have effect on the
122. (1)) The Convention shall enter into force on the first
123. (2)) Thereafter the Convention shall enter into force
124. a)) for each State ratifying, accepting or approving
125. b)) for each State acceding, on the first day of the
126. c)) for a territorial unit to which the Convention has
127. (1)) A State Party to the Convention may denounce it by a
128. (2)) The denunciation takes effect on the first day of
129. a)) the signatures, ratifications, acceptances and
130. b)) the accessions and objections raised to accessions
131. c)) the date on which the Convention enters into force
132. d)) the declarations referred to in Article 32,
133. e)) the agreements referred to in Article 37;
134. f)) the reservation referred to in
135. g)) the denunciations referred to in