207/1964.
The DECREE
Minister of Foreign Affairs
of 19 December 2003. November 1964
Treaty between the Czechoslovak Socialist Republic and the
The Socialist Federal Republic of Yugoslavia on the adjustment of the legal
relations in civil, family and criminal
20 December. January 1964 was in Belgrade signed a contract between
The Czechoslovak Socialist Republic and the Socialist Federative
Republic of Yugoslavia for the adaptation of legal relations in civil matters,
family and criminal.
With the Treaty, the National Assembly expressed its agreement on 5 December. June 1964 and
the President of the Republic it has ratified 19 July. June 1964. The instruments of ratification
the instruments were exchanged in Prague on 2. July 1964 and a contract entered
in force on the basis of article 85, paragraph 1 of the day 2. August 1964.
To the mutual contact in providing legal assistance, according to the provisions of the
Article 4 of the Treaty entrusted with:
for the Czechoslovak Socialist Republic: Ministry of Justice
in Prague, and in criminal cases at the stage of investigation (preliminary proceedings)
the General Prosecutor's Office in Prague;
for the Socialist Federal Republic of Yugoslavia: Secretariat
Justice of the Socialist Republic of Serbia in Belgrade, the Secretariat
Justice of the Socialist Republic of Croatia in the Zářebu, the Secretariat
Justice of the Socialist Republic of Bosnia and Herzegovina in Sarajevo,
the Secretariat of Justice, Socialist Republic of Slovenia in Ljubljana,
the Secretariat of the Socialist Republic of Macedonia in the justice Skoplji
and the Secretariat of Justice, Socialist Republic of Montenegro
Titograd; in matters of extradition is appropriate for the entire Socialist
the Federal Republic of Yugoslavia, the Federal Prosecutor's Office in Belgrade.
The Czech version of the Treaty shall be designated at the same time.
First Deputy Minister:
Dr. Gregor v.r.
CONTRACT
between the Czechoslovak Socialist Republic and the Socialist
the Federal Republic of Yugoslavia on the adjustment of the legal relations in matters
civil, family and criminal
Czechoslovak Socialist Republic and the Socialist Federative
Republic of Yugoslavia
Desiring to develop relations between their peoples in a spirit of mutual
friendship and cooperation and facilitate the legal relations between the two countries
have decided to conclude a contract on the adjustment of the legal relations in matters
civil, family and criminal matters.
For this purpose appointed agents:
for the Czechoslovak Socialist Republic
Dr. Paul Winkler,
the head of the Legal Department of the Ministry of foreign contracted goods,
for the Socialist Federal Republic of Yugoslavia
Prof. Dr. Borislav Blagojevic,
the principal legal adviser to the State Secretariat for Foreign Affairs,
vyměnivše's Attorney, found in good and due form,
have agreed as follows:
PART THE FIRST
General provisions
Article 1
The legal protection of
(1) citizens of one Contracting Party shall enjoy in the territory of the other Contracting Party,
the same legal protection of personal and property matters such as her own
citizens.
(2) to exercise their rights and interests of citizens of one Contracting Party may
appear before the authorities of the other Contracting Parties which are relevant
decisions in civil, family and criminal matters, under the same
conditions as its own citizens.
Article 2
Legal aid
The courts, Prosecutor, judge and other authorities of Contracting Parties, which
acts in matters of civil, family and criminal, shall provide in
these things each other legal assistance under the conditions laid down in this
The Treaty.
Article 3
The scope of legal aid
Legal aid in civil, family and criminal matters shall be provided
service of documents and the implementation of individual procedural acts, such as
the witnesses, participants or of the accused, the implementation of the expert
evidence, inspection and other.
Article 4
How to contact
If this contract is not otherwise specified, in the provision of legal
to help the competent authorities of the contracting parties meet through
the authorities that the Contracting Parties shall notify each other through diplomatic channels.
Article 5
Language in mutual contact
The authorities of the Contracting Parties used in the provision of legal aid
one of the languages of the Contracting Parties.
Article 6
The contents of the request
(1) in the request for legal aid should be given the designation of the applicant
the designation of the authority, the requested authority, the indication of things, in which it is requested
legal aid, first and last name, or the name of the participants and of the accused,
of their nationality, profession, domicile or place of residence (registered office)
the names, forenames and addresses of its representatives and the subject of the request, as well as
the data, which are necessary for its execution. In criminal matters it is necessary to
indicate whether or not the description and identification of the offence and, if possible, the place and
the time of birth of the accused and the names of the parents.
(2) the request will be provided with a signature and official seal.
(3) the central judicial authorities of the Contracting Parties may by mutual agreement
establish patterns of the forms, which will be used when requesting and
the provision of legal aid.
Article 7
The method of execution of the request
(1) when processing the request for legal aid is progressing
the requested authority shall in accordance with its national law. However, it may, at the request
the requesting authority to use and how to deal with it, which is in the request
listed.
(2) if the requested competent authority shall forward the request to the competent
authority.
(3) if the address is not specified in the request, precise, or if it is not listed
in General, the requested authority shall take measures for its findings.
(4) the requested authority shall inform the requesting authority in time directly at his request
place and time of the implementation of the Act.
(5) if it is not possible to comply with the request, the requested authority shall return the writings and communicate
the reasons for which cannot comply with the request.
Article 8
Delivery
(1) the requested authority delivers the document in accordance with the laws of your
State, if they are written in the language of the requested Contracting Party, or
If it is accompanied by a certified translation into that language. Otherwise provided
the requested authority shall document the recipient only if it is willing to
volunteer to take over.
(2) a translation of the document is to be served, verifies the true
the interpreter or State authority, where appropriate, the diplomatic mission or consular
the Office of one of the Contracting Parties.
Article 9
Proof of delivery
Proof of delivery shall be drawn up in accordance with the legislation of the requested Contracting
the parties. In the document must bear the place and date of adoption and signature of the
the recipient or another delivery method.
Article 10
Delivery of own nationals
The Contracting Parties shall be entitled to its own citizens and serve documents
through their diplomatic missions or consular posts. In
this case, you cannot use coercive means.
Article 11
The protection of witnesses and experts
(1) If, in proceedings before the authorities of a Contracting Party must be personal
the participation of the person to be heard as a witness or expert, and that
It is on the territory of the other Contracting Party, it shall send the summons
through the competent authority of the other Contracting Party.
(2) the Summoned person is not obliged to appear and summons shall not
to contain the threat of coercive measures in the event that it fails to appear.
(3) a witness or expert who has appeared on the subpoena authority other
the Contracting Parties shall not be within its territory, irrespective of their citizenship
prosecuted or taken into custody, nor must it be enforced punishment
saved before a court for an offence committed before crossing
the borders of the requesting contracting party. So cannot be prosecuted
even in connection with serving the testimony or expert or for the
the offence that is the subject of the proceedings.
(4) a witness or expert will invalidate the protection referred to in the provisions of paragraph 3,
If you do not leave the territory of the requesting contracting party, within seven days of the
from the date when he was informed that his presence is no longer needed. To
This period shall be the period during which the witness or expert could not
leave the territory of that Contracting Party for reasons independent of his will.
(5) the Border of the person entitled to the reimbursement of expenses for travel and subsistence,
as well as for loss of earnings, and experts in addition to the payment for a testimonial. In
the summons will be shown, what compensation to such persons belong to and on their
the request shall be granted an advance on the reimbursement of expenses.
Article 12
The cost of legal aid
(1) the Contracting Parties shall not require the payment of costs for the implementation of
the operations requested legal assistance and for the service in addition to lawyers and other
expenses incurred in connection with the implementation of expert evidence.
(2) the implementation of the expert evidence can be bound to the condition of the preliminary
deposit, if the costs of the expert evidence shall be borne by the participant.
(3) the applicant authority, the requested authority shall communicate the amount of the costs incurred by the
executing the request.
Article 13
Refusal of legal aid
The provision of legal assistance in civil, family and criminal matters
may be refused if the requested Party considers that the
executing the request were violated its sovereign rights or the basic
the principles of the legislation.
Article 14
Legal information
The central judicial authorities of the Contracting Parties shall provide each other on
request information about legislation that applies or in the
their States, along with their text, as well as information about each
legal issues.
Article 15
Of the Charter
(1) of the Charter, which were issued or certified by the competent authority of one
the Contracting Parties, and which are accompanied by an official seal and signature, may
be on the territory of the other Contracting Party used without further validation. The same thing
the same applies to copies and translations of documents, which have been verified by the competent
authority.
(2) of the Charter, which are on the territory of one of the Contracting Parties considered
the public, they also have on the territory of the other Contracting Parties to the probative power of public
of the instruments.
Article 16
The communication addresses
The central judicial authorities of the Contracting Parties shall provide each other on
request assistance in determining the addresses of persons staying in the territory of their
the State, if it is necessary for the exercise of the rights of their citizens.
Article 17
Legal persons
The provisions of this Treaty shall apply mutatis mutandis to the legal entities.
PART THE SECOND
Civil and family
Section 1
Case status
Article 18
Eligibility to rights and legal capacity
(1) natural persons to rights and legal capacity shall be governed by
the legislation of the Contracting Party of which the person is a citizen.
(2) the Capacity of a legal person to the rights governed by the legislation of the Contracting
the parties, according to which the legal person was formed.
Article 19
The Declaration for the dead
(1) the statement of a person for the dead is the competent court of the Contracting Parties,
the person was a citizen at the time when, according to the last reports was still
alive.
(2) the Court of one Contracting Party, the other party may declare the citizen
Parties for the dead:
and on a proposal from the person) who wants to make a claim of inheritance or of
the marriage rights of property on the property, which is on the missing
the territory of the Contracting Parties, the court proceedings conducted, or
(b) on a proposal for a missing spouse) a person who has an interest in the findings of the demise of the
marriage and at the time of submission of the proposal has a residence on the territory of the Contracting Parties,
the court procedure is carried out.
(3) the Declaration for the dead according to the provisions of paragraph 2 shall be governed by the legal
regulations of the Contracting Party in which the citizen was missing at the time according to the
the last message was still alive.
(4) a decision under the provisions of paragraph 2 will have legal consequences
only on the territory of the Contracting Party whose decision the Court has issued.
(5) at the request of any interested person, the Court of the Contracting
the Party on whose territory a decision has been issued in accordance with the provisions of the
paragraph 2, amend or withdraw this decision, if necessary in the light of
the other decision issued in this case the Court referred to in paragraph 1.
Waiver and limitation of legal capacity
Article 20
If this Treaty does not provide otherwise, is for deprivation of and restriction
legal capacity of the Contracting Parties, the competent court, which
a citizen is a person whose eligibility is to be decided.
Article 21
(1) If a Court of one Contracting Party finds that the other citizen
the Contracting Party whose stay is in its territory, are the reasons for the deprivation of
or limitation of legal capacity, shall submit a report
the competent court of the other Contracting Party. In urgent cases it may
to make the temporary measures necessary to protect the person or his or her
the asset. Of these measures, the Contracting Parties shall report to the Court, the
is this person a citizen.
(2) If a Court of a Contracting Party, to whom the report was submitted in accordance with
the provisions of paragraph 1 within three months alone control one or
This time limit does not respond, the procedure for deprivation or limitation of eligibility to
legal capacity of the Contracting Parties the Court shall carry out, on whose territory the
the person stay. Deprivation or restriction of legal capacity may
in these cases, say only for reasons of which are determined by law,
the schedules of both Contracting Parties. The decision on the deprivation or limitation of
legal acts will be sent to the competent court the second
the Contracting Parties.
Article 22
The provisions of articles 20 and 21 of this agreement will be applied, mutatis mutandis, to
return eligibility to legal capacity.
Section 2
Family stuff
Article 23
The conclusion of the marriage
(1) the conditions for the conclusion of marriage is governed by the legal order for each
the Contracting Parties, of which he is a citizen.
(2) the provisions of paragraph 1 shall not preclude the application of the law of a Contracting
Party on whose territory the marriage is concluded, as regards the circumstances
that is exclusive of the marriage.
(3) the form of the marriage is governed by the legislation of the Contracting Parties,
whose territory the marriage concluded.
Personal and property of spouses
Article 24
(1) Personal and property of spouses are governed by the legislation of the Contracting
the party, of which both spouses are citizens.
(2) If one of the spouses is a citizen of one party and the other
a citizen of the other Contracting Parties is governed by their personal and property
the legislation of the Contracting Party whose citizenship should last two
spouses at the same time.
(3) if the spouses have common citizenship, and not even one of the
of the Contracting Parties is governed by their personal and property consequences of the rule of law
the Contracting Party in whose territory they had the joint or the last
residence.
Article 25
(1) to make decisions about personal and property circumstances of the spouses is
the competent court of the Contracting Party in which the spouses are citizens.
(2) If one of the spouses is a citizen of one party and the other
a citizen of the other Contracting Parties, is to decide on these matters
the competent court of the Contracting Party on whose territory the spouses or
the last time they had the joint residence.
Article 26
Divorce marriage
(1) if both spouses at the time of submission of the proposal for the citizens of one of the Contracting
the party is for a divorce the Court of that Contracting Party,
to apply the law of your state. If these spouses at the time of
submission of the proposal resides in the territory of the other Contracting Party, it is for the management of
divorce court competent also for this party. In this case, you can
to cancel the marriage divorce only of the causes and conditions that are
at the same time laid down the laws of both Contracting Parties.
(2) if at the time of submission of the proposal, one of the spouses is a citizen of one of the Contracting
the parties and the other a citizen of another Contracting Party, is for divorce
the competent court of the Contracting Party in whose territory they have both spouses
residence. If one of the spouses is resident in the territory of one of the Contracting
the parties and the other on the territory of the other Contracting Party, the competent court of the Contracting
the party in whose territory the residence of the spouse, against which the proposal is directed.
In both cases, you can cancel the marriage divorce only of the causes and
the conditions, which are at the same time laid down the laws of both Contracting
of the parties.
Article 27
Nullity of marriage
To determine whether or not the marriage and annulment
marriage shall apply mutatis mutandis the provisions of article 26 of this agreement.
Article 28
Legal relations between parents and children
(1) the determination and denial of paternity or maternity, is governed by the legal
regulations of the Contracting Party in which the citizen was a child at the time of birth.
(2) regarding the form of recognition of paternity or maternity, it shall be sufficient,
If the approach in accordance with the law of the Contracting Party in whose territory the
the recognition was made.
(3) other legal relations between parents and children, in particular education and
nutrition of a child are governed by the legislation of the Contracting Party in which the citizen is
the child.
(4) the decision on the legal circumstances in accordance with the provisions of paragraphs 1 and 3
the competent authority of the Contracting Parties, both of which a citizen is a child, so i
authority of the Contracting Party in whose territory the child lives.
Article 29
Intercountry adoption
(1) If an adoptive parent and osvojenec are citizens of the same Contracting Party,
is governed by the adoption and cancellation of adoption the conditions laid down by the legal
regulations of that Contracting Party.
(2) if the adoptive parent is a citizen of one party and osvojenec
a citizen of the other Contracting Parties, for adoption or cancellation of adoption must
comply with the conditions laid down by the laws of both Contracting Parties.
(3) to decide on the adoption and intercountry adoption in accordance with the provisions of the
paragraph 1, the competent authority of the Contracting Party of which they are citizens
an adoptive parent and osvojenec; However, if you are resident in the territory of the other Contracting
the parties, the competent authority of that Contracting Party also. To decide on the
adoption and adoption in accordance with the provisions of paragraph 2 are
the competent authorities of both Contracting Parties.
Custody
Article 30
(1) to decide on the formation and dissolution of custody is competent, if in
This Treaty is not otherwise provided, the institution of the Contracting Party in which the citizen of the
is opatrovanec.
(2) the commencement and termination of guardianship is governed by the legislation of the Contracting Parties,
the citizen is a opatrovanec.
(3) the legal relationship between the guardian and opatrovancem is governed by the legal
regulations of the Contracting Party, the authority had appointed guardian.
(4) the obligation to adopt the function of guardianship is governed by the legislation of the Contracting
the parties, which the citizen is a person who is to be appointed guardian.
(5) the decision of the guardianship matters, issued by the competent authority of one
the Contracting Parties and in respect of their citizens are recognized and have legal
the consequences also on the territory of the other Contracting Party.
Article 31
If you need to take action to protect the interests of a citizen of one of the Contracting
parties whose residence or property is in the territory of the other Contracting Party, the
about immediately informed the diplomatic mission or consular post of a Contracting
the parties, on which the citizen. In urgent cases the authority shall
the other Contracting Party appropriate provisional measures in accordance with the rule of law
your State and shall then immediately report to the competent diplomatic mission or
consular office. Such measures will remain in force until the authority
According to the provisions of article 30, paragraph 1, of this agreement unless the
otherwise.
Article 32
(1) the competent authority in accordance with the provisions of article 30, paragraph 1, of this agreement
may delegate the management of guardianship to the authority of the other Contracting Party,
If the opatrovanec has his domicile, residence or assets on the territory of the
the Contracting Parties. The migration will become effective as soon as the requested authority
leadership takes custody and shall submit a report to the requesting authority.
(2) the authority shall, in accordance with the provisions of paragraph 1, he took over the leadership
custody, is under the law of his State. This authority
It is not, however, be authorized to issue a decision concerning the personal status of the
opatrovance.
Section 3
Property
Article 33
(1) the form of legal acts shall be governed by the rule of law, which are governed by the legal
the Act itself. However, if the proceeds, as regards form, according to the
the rule of law in force in the place where the legal act occurred.
(2) the form of legal acts relating to immovable property shall be governed by the legislation of the
the Contracting Party in whose territory the property is situated.
Article 34
Rights in rem in immovable property shall be governed by the legislation of the Contracting Parties,
whose territory the property is situated, and to the decisions of the competent authority is
This Contracting Party.
Section 4
Things inheritance
Article 35
The principle of equality
(1) citizens of one Contracting Party may acquire the assets or other rights to
the territory of the other Contracting Party, or by deriving from the law of wills under the same
terms and conditions and to the same extent, as citizens of their own.
(2) the citizens of one of the Contracting Parties may dispose of its wills
located on the territory of the other Contracting Party.
Article 36
The use of inheritance law
Inheritance ratios shall be governed by the legislation of the Contracting Party, of which he was a citizen of the
the testator at the time of death.
Article 37
Odúmrť
If, under the law of a Contracting Party, which shall be governed by the inheritance
ratios, not heirs, movable assets shall surrender the Contracting Party in which the
the testator was a citizen at the time of death, realtime party on
whose territory the property is situated.
Article 38
Last will and Testament
(1) the Ability to establish or revoke a will, as well as the legal consequences of defects
will be governed by the legislation of the Contracting Party, of which he was a citizen of the
the testator, at the time when the will has set up or set aside.
(2) the form of a will is governed by the legislation of the Contracting Party in which the citizen of the
the deceased was at the time the will is established. However, if the
guided by the law of the Contracting Party in whose territory the
will set up. The same is true for the cancellation of the will.
Article 39
Jurisdiction in probate matters
(1) for consideration of movable heritage is, with the exception of the case referred to in
paragraph 4 of this article, the competent authority of the Contracting Party in which the citizen of the
was the deceased at the time of death.
(2) for consideration of immovable heritage is the competent authority of the Contracting Party,
on whose territory the property is situated.
(3) the provisions of paragraphs 1 and 2 shall also apply to the discussion of inheritance disputes.
(4) if the testator, who was a citizen of one of the Contracting Parties,
last place of residence in the territory of the other party, can the heirs, who
they have their domicile or residence in the territory of that Contracting Party, apply to the six
months after the testator's death, to movable heritage located on
This territory has been discussed by the competent authority of that Contracting Party.
If, within three months from the notification of such a request, none of the heirs
raises no objection, the request will be granted.
(5) the assessment of whether the property movable or immovable, shall be governed by the legal
regulations of the Contracting Party, where the property is located.
Article 40
Measures to ensure the heritage
(1) the authority of the Contracting Party on whose territory the heritage after citizens of the second
the Contracting Parties shall in accordance with the law of its state of the measures needed to
ensure the heritage and to manage it. The competent authorities of the Contracting Parties
will do, even in cases where, as the heir of the applicable
a citizen of the other party.
(2) on the measures taken in accordance with the provisions of paragraph 1, the
need to inform the diplomatic or consular authority of the other Contracting
the parties, which may, in the performance measures to ensure heritage directly
or through the agent interact. On their proposal may be
the measures taken, postponed, amended or repealed.
(3) On the proposal of the authority competent to discuss the legacy of the measures
made pursuant to the provisions of paragraph 1 are amended or repealed.
Article 41
The disclosure of the death
If a citizen of one Contracting Party in the territory of the other Contracting Party,
shall inform the competent authority without delay directly to a diplomatic mission or
Consular Office of the other Contracting Party and shall notify all about death, what is known about the
heirs of their place of residence or stay, and on the subject of heritage, as well as
of wills. If this authority is known, that after the deceased remained
property in another State, shall report to and about.
Permission of the diplomatic mission or consular post in probate matters
Article 42
In probate matters including inheritance disputes are diplomatic missions and
the consular authorities of the Contracting Parties shall be entitled to represent without special full
to be able to before the authorities of the other Contracting Party of its own citizens, if they
are absent and does not appoint an agent's.
Article 43
If a citizen of one of the Contracting Parties at the time of temporary residence on the territory of the
the other Contracting Party, the things that he will be without further proceedings
and after the payment of his debts, surrendered along with their diplomatic list
Mission or consular post of a Contracting Party, of which he was a citizen.
Article 44
The publication of the will
To the publication of the will is the competent authority of the Contracting Party in whose territory the
is the will. The authority competent to discuss heritage should be sent
a certified copy of the will and the Protocol on its publication and on request
the original of the will.
Article 45
The issue of heritage
(1) If a movable heritage, or the proceeds from the sale of movable or
immovable heritage is to be issued after consulting the heritage of heirs, who
they have their domicile or residence in the territory of the other party, and if it is not
possible inheritance or proceeds directly or his heirs
designee, shall issue to the diplomatic mission or consular office of that
the Contracting Parties.
(2) the Heritage shall be issued under the conditions that the
and they have been paid or secured) all claims of creditors
the testator subscribed within the time limit laid down by the legislation of the Contracting Parties,
on whose territory the heritage is,
(b)) have been paid or secured to probate fees and
(c)), the competent authority gave consent to the export of goods or money transfer.
Section 5 of the
The costs of proceedings
Article 46
Exemption from the composition of the defence security
(1) from the citizens of one party who act before the Court of the second
the Contracting Parties, irrespective of their place of residence or stay,
require security for the costs of the proceedings the defence.
(2) the Court of one Contracting Party may request from the citizens of the other Contracting
the party composition of the advance on costs associated with the implementation of the evidence for
the same conditions and to the same extent as from their own citizens.
Exemption from fees and costs
Article 47
The citizens of one of the Contracting Parties in the territory of the other Contracting Party shall be entitled to
exemption from judicial and notarial fees and costs, as well as on the
free legal assistance in the course of proceedings under the same conditions as its
its own citizens.
Article 48
(1) the exemption in accordance with the provisions of article 47 of the Treaty, provides for the
the basis of personal, family and assets
of the applicant. This certificate shall be issued by the competent authority of the Contracting Party in
whose territory the claimant resides or stays.
(2) if the applicant has no domicile or residence in the territory of any of the Contracting
Parties, may confirm the issue and the diplomatic mission or consular post
the Contracting Parties, of which he is a citizen.
(3) the authority which decides on requests for exemption from the authority,
that certificate, request information or clarification required.
Article 49
(1) a citizen of one party who wants to achieve exemption under
the provisions of article 47 of this agreement, you may submit the application with the competent
the authority of the Contracting Party of which he is a citizen. This authority shall forward the request
together with the certificate referred to in the provisions of article 48 of this Treaty to the competent
authority of the other party in the manner laid down in article 4 of this
Of the Treaty.
(2) simultaneously with the application for exemption can be made and the proposal to start
the proceedings in a case for which the granting of the exemption requests.
Section 6
Recognition and enforcement of decisions
Article 50
(1) the Contracting Parties shall, under the conditions laid down in that Treaty and recognised
shall carry out in its territory the decision issued on the territory of the other Contracting
Parties:
and the decision of the courts) in civil and family law, as well as
court settlements concluded in these matters of property claims;
(b)) decisions of courts in criminal matters concerning property claims;
(c) the decision of the arbitration authorities) as well as the settlements concluded before them.
(2) A judicial decision within the meaning of the provisions of paragraph 1 shall be taken
also the decision on the inheritance, issued by the institution of one Contracting Party
competent under the law of your State to discuss things
probate.
(3) the decision in the other provisions of this about ddílu consider
also settlements referred to in paragraph 1, points) and (c)).
Article 51
The decisions referred to in the provisions of article 50 of this contract will be recognized and
exercised under conditions that
and the decision is final and) are enforceable under the law of a Contracting
the Party on whose territory it was issued;
(b)), the Court of the Contracting Party on whose territory the decision was issued, could a
things to decide under this agreement or under the law of a Contracting
the party in whose territory the recognition or enforcement is sought;
(c)) the participant against whom the judgment was given, proceedings,
in time, however, and was duly invited to participate in the proceedings pursuant to rule of law
the Contracting Party on whose territory the decision was issued, and in the case of
procedural incapacity was duly represented;
(d)) about the same between the same participants have previously been issued a final
the decision by a court or arbitration body of the Contracting Party on whose
the territory is to be recognised and enforced;
(e) the recognition or enforcement of a decision) is not in conflict with the provisions of article 13 of the
of this contract.
Article 52
The decision of the arbitral authorities shall be recognised and enforced under the conditions
referred to in the provisions of article 51 of the Treaty, as well as the conditions that
and) decision is based on a written agreement on the jurisdiction of the arbitration
authority and issued the arbitration body is specified by the agreement, within the limits of its
permissions set by the agreement;
(b) the agreement on jurisdiction) of the arbitration body is valid in accordance with the legal
the order of the Contracting Party on whose territory the decision recognised or
enforced.
Article 53
To recognition and enforcement of a decision is to enable the competent court to the Contracting
the party in whose territory judgment be recognised or enforced.
Article 54
(1) the application for recognition or authorisation decision may be filed
directly to the Court of the Contracting Party on whose territory it is to be
the decision recognised or enforced, or with the Court, in a case decided
as the Court of first instance; in this case, the proposal shall be referred to the Court
the other party in the manner prescribed under the provisions of article 4 of this
Of the Treaty.
(2) it is necessary to attach to the proposal:
and a certified copy of the decision), along with proof of legal power and
If it is not apparent from the decision itself;
b) proof that the party against whom the judgment was given, and the
that is, management was timely and duly invited to attend
the proceedings;
(c) a certified translation) documents referred to in points a and b)) into the language of the Contracting
the party in whose territory the enforcement is to be enabled.
(3) If it is proposed to permit enforcement of the decision of the arbitration body,
It will be connected to the proposal and a certified translation of the agreement on jurisdiction
the arbitration body in a case, in which the authorisation proposes.
Article 55
(1) a Court of the Contracting Party on whose territory a decision has to be enforced,
decide on the authorisation and be carried out according to the law of your
in this agreement, unless otherwise specified.
(2) the Court shall decide on the authorisation, shall be limited to the determination of whether
the conditions referred to in the provisions of articles 50, 51 and 52 of this
Of the Treaty, and if it finds that these conditions have been met, the performance.
Article 56
(1) decisions issued by courts of one Contracting Party relating to the personal
the status of the citizens of the other party in its territory will be recognized for
the conditions laid down in article 51 points) to (d)) of this Treaty, as well as
for conditions that are not in conflict with the provisions of this Treaty or the
legislation in these matters shall apply in its territory.
(2) the recognition of a decision referred to in paragraph 1 may ask anyone who has
on the legal interest.
(3) for the recognition of a decision referred to in paragraph 1 shall apply mutatis mutandis
the provisions of articles 53, 54 and 55 of this agreement.
Article 57
(1) final decisions of the courts of one Contracting Party relating to the
the personal status of their own citizens on the territory of the other Contracting Party
recognise without any review.
(2) each of the Contracting Parties to the decision referred to in paragraph 1
reviewed under the provisions of article 56 of the Treaty, if this
decisions related to personal status of their own citizens.
(3) the decision of the courts of one Contracting Party relating to the personal status
the citizens of a third country will be on the territory of the other Contracting Parties only for
conditions, that is recognised and the State whose citizens are concerned.
Article 58
(1) If a party exempt from the composition of the defence of
the costs of the proceedings in accordance with the provisions of article 46 paragraph 1 thereof,
saved by a final decision of a Court of one Contracting Party to replace the
the costs of proceedings, this decision will be done on the proposal of the authorised person
free of charge on the territory of the other Contracting Party.
(2) as regards the submission of the proposal and of its annex, shall apply mutatis mutandis
the provisions of article 54 of the Treaty.
(3) the Court shall decide on the authorisation in accordance with the provisions of paragraph
1, will be limited to a determination of whether the decision on costs is a final and
enforceable.
Article 59
Authority of the Contracting Party in whose territory they were backed up by the State, costs
requests the competent court of the other Contracting Party, that the costs and fees
elicit. The Court submits the selected amount of diplomatic mission or
Consular Office of another Contracting Party.
Article 60
The provisions of this Treaty on the enforcement of the decision shall not affect the legal
the legislation of the Contracting Parties regarding the money transfer or export things
gained power.
Section 7
Sending of documents of civil status
Article 61
(1) the Contracting Parties shall send each other extracts from the registers for
with their citizens. Listings will be sent free of charge, through the diplomatic channel.
(2) the Contracting Parties will be for official use on request of the competent
authorities sent extracts from registers, as well as other documents relating to the citizens
the other Contracting Party. The instrument will be sent free of charge to the diplomatic
along the way.
(3) the applications of citizens of the Contracting Parties for the sending of extracts from the registers or
other documents can be sent directly to the competent authority of the other Contracting Party.
The requested documents will be sent to the applicant by means of the diplomatic
Mission or consular post of a Contracting Party, the authority which issued the document.
The diplomatic mission or consular post selects the document delivery
fixed fee.
Article 62
(1) if the competent authority of one Contracting Party in the additional
entries or corrections relating to the status of citizen of the other Contracting
the parties, the party will be sent to the Registrar, containing a statement of whether or not
Additionally the registered information or corrections.
(2) the Contracting Parties shall send each other copies of the final
decisions concerning the personal status of the citizens of the other party.
(3) the Documents referred to in paragraphs 1 and 2 shall be sent free of charge
through the diplomatic channel.
PART THE THIRD
Criminal
Section 1
The issue of
Article 63
Obligation to issue
(1) the Contracting Parties undertake, subject to the conditions laid down in this
The contract shall be issued at the request of each other for the implementation of the criminal proceedings or
to sentence persons residing on their territory.
(2) the issue of the implementation of the criminal procedure is permissible only for the criminal
the acts, which may be imposed under the law of both Contracting Parties,
imprisonment for a period exceeding one year.
(3) release to the enforcement of the sentence is permissible only for offences punishable under the
the law of both Contracting Parties, for which the requested person was extradited
sentenced to imprisonment for at least one year, or to the penalty of
heavier.
Article 64
Refusal to issue
The issue does not have a space, if
and the person is required) a citizen of the requested Contracting Party at a time when
There is a request for release;
(b)) the offence has been committed on the territory of the requested Contracting Party;
(c)) under the law of the requested Contracting Parties to criminal proceedings cannot
be brought or the judgment cannot be enforced because of the lapse or from
another legal reason;
(d)) Edition is under the law of one of the Contracting Parties be permitted;
(e)) against a person, whose extradition is requested was for the same offence on
the territory of the requested Contracting Party handed down a final judgment or criminal
the procedure was stopped by a final decision.
Article 65
Extradition request
(1) the request for extradition for the implementation of the criminal procedure connects arrest
order with the description of the offence and the particulars of the evidence, as well as the text of the
the provisions of the legislation which apply to the offence; If it has been
the crime caused by property damage, it is necessary to specify the amount.
(2) the request for extradition for the enforcement of the sentence connects the copies of the
final judgment, as well as the texts of the provisions of the legislation,
which relate to the offence. If the convicted person had served part of the sentence,
It is necessary to communicate the information about it.
(3) the request for extradition shall be further accompanied, if possible, a description of the required
the person, her photos, information about her citizenship, personal
circumstances and place of residence, if such data are not included in the judgment, or
in the arrest warrant.
(4) the requesting Party shall not be required to connect to the application, the evidence of the
blame the person required.
Article 66
Complete the request for extradition
Does not contain a request for the release of all of the necessary information, the requested
Contracting Party to request its supplement, which can specify the deadline of two
months. This time limit may be extended on request.
Article 67
Arrest for extradition purposes
After the coming application for the issuance of the requested Contracting Party shall without delay
measures for the arrest of the requested person. These measures need not be, if
clearly, the issue under this Treaty does not have the space.
Provisional arrest
Article 68
(1) may be Provisionally arrested person is under this Treaty
provision should be made, even before the request for the release of dojitím, if her arrest
Contracting Party so requests, citing the arrest warrant or on the final
the judgment; such a request may be made by post, telegram,
by telephone or radio.
(2) the authorities of the Contracting Parties may, even without such a request, provisionally
to arrest the person who is staying on their territory, if it is known that
This person committed on the territory of the other Contracting Parties to the offence,
that may be issued pursuant to the provisions of this Treaty.
(3) the provisional arrest pursuant to the provisions of paragraphs 1 and 2 should be
without delay inform the other Contracting Party.
Article 69
(1) the requested Party may zatčenou the person released,
If, within the time limit laid down by article 66 of the Treaty have not been sent to the
the additional data.
(2) a person of the zatčenou under the provisions of article 68 thereof, can be
released, if no extradition request, within two months from the date when the
the other party notified provisional arrest.
Article 70
Postponement of the issue
If the requested person conducted criminal proceedings or if such
a person convicted for an offence on the territory of the requested Contracting Party,
the release may be delayed until the end of criminal proceedings or performance
the punishment.
Article 71
Temporary release
(1) at the reasoned request of the requesting party to the requested person
temporary release to perform certain investigative actions, if he would
postponement of the issue resulted in the limitation of criminal proceedings or would substantially
a lot of the investigation of a crime committed by the person requested.
(2) Temporarily released person, after the implementation of investigative actions, for
that was released, returned forthwith, but not later than within three months
from the date of temporary release.
Article 72
Request more States on the issue of
If the requested extradition of the same person, decides the requested Contracting
the party that request. In doing so, account shall be taken of the citizenship of the requested
the person, to the point of committing, and the nature of the offences.
The limits of stíhatelnosti issued by the person
Article 73
(1) For an offence committed before the release, than for which it was
the issue must not be allowed, without the consent of the person issued the requested Contracting
the party prosecuted, nor released to the third State, nor shall it be
executed punishment.
(2) the consent of the requested Contracting Party need not be, if:
and) issued by the person who is not a citizen of the requesting contracting party, leaves the
in the months after the termination of the criminal proceedings or the sentence of its territory;
in this period, not the period during which the person was released independently on
his will was unable to leave the territory of the requesting contracting party;
(b)) issued by the person left the territory of the requesting contracting party, but once again,
returned to them.
Article 74
With respect to the issue of the enforcement of the sentence, which was stored in the management held in
the absence of the released persons, the Contracting Parties may bind on the issue
the condition that it will be done in the presence of the new criminal proceedings issued by the
of the person.
Article 75
The communication of the outcome of the criminal proceedings
The Contracting Parties shall communicate the outcome of the criminal proceedings against the released
to the person. If the person sentenced, issued will also be sent a copy of the final
the judgment.
Article 76
Edition
The requested Contracting Party shall notify the other party in the place and time of issue
the requested person. The requested person to be released,
If it is not taken in the requesting contracting party within 15 days from the date of
set for release.
Article 77
The rerelease
Avoid if issued by the person in any manner criminal proceedings or
imprisonment and staying on the territory of the requested Contracting Party,
a new request is issued, without the need to send the documents referred to in article 65
of this contract.
Article 78
The transit
(1) a party shall, at the request of the other Contracting Party, through its
the territory of the transit of persons, which was issued by a third State party
applying for a transit. Application for authorization of transit may be refused for reasons of
referred to in article 64, paragraphs) and (d)) of this agreement.
(2) an application for transit operations and discusses as well as request
about the issue.
(3) the authorities of the requested Contracting Party shall carry out the transit in a manner that
deemed most appropriate.
Article 79
The cost of issue of the
The issue of costs and transit shall be borne by the Contracting Party in whose territory they arose.
Article 80
The release of things
(1) the requesting Party shall be issued on the matter, which was used to
the offence for which the extradition in accordance with the provisions of article 63
This contract can be, as well as things that the offender has gained in such a
the criminal offence, or their equivalent, and any other thing
the offender, which may be used as evidence; these things will be issued and
in that case, if there is no extradition for his death or the
Another reason.
(2) the requested Party may, whose release is sought,
temporarily detain, if it is in a different criminal proceedings.
(3) the rights of third parties to things remain unaffected. After the end of
the criminal proceedings will return these things to the requesting Contracting Party of the requested
the Contracting Party for the purpose of their surrender to the beneficiaries. In
justified cases, with the agreement of the requested Contracting Party may
However, the beneficiaries directly.
Section 2
Special provisions on legal assistance in criminal matters
Article 81
The obligation to take criminal proceedings
(1) the Contracting Parties undertake, in accordance with its own law
introduce on the request of the other Contracting Parties to the criminal proceedings against their
the citizens, who have committed on the territory of the requesting contracting party, the offence,
that is in accordance with the provisions of this Treaty, the issue of the possible.
(2) the request for the introduction of criminal procedure connects the file containing the
the details of the crime and the evidence at hand.
(3) the requested Party shall inform the other Contracting Party of the outcome of the
criminal proceedings, and if there is a final judgment, it shall also
its a written copy.
Article 82
Refusal of legal aid
In addition to the grounds listed in article 13 of this Treaty can refuse legal
assistance in criminal matters in the case, that legal aid is requested:
and) in connection with the negotiation, which under the law of the requested Contracting
the party is not a criminal offence;
(b)) in connection with the negotiations, for which the issue in accordance with the provisions of article
64 point d) of this agreement does not have a place;
(c)) in criminal proceedings conducted against a citizen of the requested Contracting Party,
that is not located on the territory of the requesting contracting party.
Article 83
Communication of conviction
(1) the Contracting Parties shall always be at the beginning of each report
final judgements handed down by the courts in the past year over
the citizens of the other party.
(2) on the request of the authorities of one Contracting Party, the authority of the other Contracting Parties
to communicate information about the final judgements handed down by its courts over
citizens of the requesting contracting party. In justified cases, shall be
This information even if the person to whom the judgment is not
citizen of the requesting contracting party.
PART THE FOURTH
Final provisions
Article 84
This Treaty shall be ratified. The instruments of ratification shall be exchanged at
Prague.
Article 85
(1) this Agreement shall enter into force after the expiration of thirty days from the date of
the exchange of instruments of ratification and shall remain in force for five years.
(2) if proper Notice of the Contracting Parties to this agreement in writing six
months before the end of this period, the force on the
indefinitely and the contract remains in effect until one of the Contracting
of the parties denounces it in writing with a notice period of one year.
(3) the date of entry into force of this Treaty shall cease to be the effectiveness of the contract between the
The Czechoslovak Republic and the Kingdom of Serbs, Croats and Slovenes on
modify mutual legal relations concluded in Belgrade 17 May. March
1923.
In Belgrade the day 20. January 1964 in two original copies,
each in the Czech language and srbochorvatském, both texts being equally
force.
On the evidence of this contract was signed by agents and it seals.
For the Czechoslovak Socialist Republic
Dr. p. Winkler v.r.
For the Socialist Federal Republic of Yugoslavia
Prof. Dr. Borislav Blagojevic v.r.
