About The Treaty Between Czechoslovakia And Yugoslavia On The Adjustment Of Legal Relationship

Original Language Title: o Smlouvě mezi ČSSR a Jugoslávií o úpravě právních vztahů

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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.

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