On Legal Assistance In Civil Matters In The United Kingdom With.

Original Language Title: o právní pomoci ve věcech občanských s V. Británií

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70/1926 Sb.



Contract



between the Czechoslovak Republic and the United Kingdom of Great Britain and

Ireland on legal aid in civil matters



The name of the Czechoslovak Republic



and



United Kingdom of Great Britain and Ireland



This agreement has been negotiated:



The President of the Czechoslovak Republic and his Majesty the King of the United

Kingdom of Great Britain and Ireland and of the British Dominions overseas, the Emperor

Indian, desiring to facilitate in their respective countries a) performance management

in civil and commercial matters, as well as in non-contentious matters, which

the lead before the courts (the authorities) of the other State, they decided to conclude

the contract for this purpose and name their representatives in agreement:



The President of the Czechoslovak Republic:



Dra Emil Spiru,



Trade Manager in the Ministry of Justice;



His Majesty the King of the United Kingdom of Great Britain and Ireland and the

British overseas Dominions, Emperor of India:



Sir William George Tyrrell-and-and,



To C. M. G., K. C. V. A. C. B., the representative of the State podtajemníka for

Foreign Affairs;



already předloživše to each other their full powers and shledavše is in good and

due form, they agreed on the following articles:



(I).



Introduction



Article 1



This agreement governs only the Affairs of civil, commercial and common ground

including the management of the trust, guardianship, and the survivor, if the

the lead before the courts (the authorities) of the Contracting Parties.



II.



On the service of judicial and extrajudicial documents



Article 2



They are to be delivered to the judicial or extrajudicial writings, established on the territory of the

one of the Contracting States on the territory of the other State, may be transmitted,

to whom they are addressed, at the option of the parties involved some of the ways

referred to in the article. 3, 5 and 6.



Article 3



(1) a request for the service of the Court of the other State (by the authority) is to manage:



the British Consul in the Czechoslovak Republic at the Ministry of

Justice of the Czechoslovak Republic in Prague,



in England the Czechoslovak Consul in London, to the President of the Supreme

a court in England.



(2) the request shall contain an indication of that Court (the Office), which is the application

determined, if known, as well as to the Court (of the Office), which delivered the dossier to the

comes, the names and positions of the parties, the address příjemcovu and the nature of the

service file, it is write in the language of the requested State (oficielní)

State. The requested court (Office) consular office shall send a statement of

delivery or delivery shall be notified of the reasons that have been an obstacle.



If there is no court (Office), to whom the file has been forwarded to the competent, it shall forward it to the

the official duties of the competent court (the Office) of their own State.



(3) delivery to the competent court (the Office of) the requested State. This Court

(the Office) may be outside the cases referred to in paragraph 1(b). (4) of this article, the limit on the

It passes the file to the person served has reached the addressee, if it is willing to

take.



(4) if the file to be delivered, be drawn up in the language of the State (oficielní)

of the requested State, or provided with a translation in this speech, it

the requested court (Office), if expressly requested, in a way that is

prescribed laws in his headquarters for the delivery of files of the same

kind, or in the form of a special, if you aren't the těmže the legal

the legislation. Where it has not been expressly requested, the requested court

(the Office) to deliver the file in the manner mentioned in paragraph 2(a). (3).



The correctness of the translation referred to in the preceding paragraph is to verify

the diplomatic or consular representative of the requesting State or

official or sworn translator of one of the two States.



(5) Service can be denied only if the State on whose territory the

be carried out, it would be to compromise its sovereignty or security.



(6) Card for delivery will be filed as a reflection of the Court (the Office of) the requested

the State, which will be found that the file was received and when and how

It happened.



Delivered the dossier should be supplied in duplicate and pass on delivery

write on one of the two copies or to connect to it.



Article 4



For the service referred to in article 3 are not Contracting States to require each

fees of any kind.



However, the requesting State dožadovanému State replaces all of the expenses that

According to the laws in force in the place of delivery must be notified by the persons to whom the

It is incumbent upon delivery, or those which are volunteers perform service in the form of

Special. These costs will be charged according to the tariffs in force for nationals

of the requested State. The requested court (Office) passes the ID of the service to which

is the language in article 3, paragraph 3. (6) to the consular office of the delivery

asked, and connects the call to the requesting court (Office), to replace these

expenses.



Article 5



Even without the cooperation of the courts (the authorities) of the country in whose territory the file is to be

delivered may be passed into the hands of the person to whom it is intended, quite

to her nationality:



and) by diplomatic or consular representatives of the requesting State, or



(b)) if the legislation of the requesting State, aren't a lawyer

a notary (solicitor has) or of the other State, to be appointed to this

courts (the authorities) of the country of the applicant or the party to which the request file

issued, either generally, whether for an individual case.



To be passed to the file pursuant to this article shall be drawn up in the language of

State (oficielní) of the State on whose territory the delivery has to be

done, or be provided with a translation in this speech, but the recipient was

a Member State of the applicant.



Article 6



You can also deliver the mail, where permitted by State law,

which file is delivered, was released.



III.



On the taking of evidence



Article 7



Whenever the Court (Office) of one of the Contracting States shall prescribe that was made

evidence on the territory of the other State, may be evidence of one of the ways

referred to in articles 8, 10 and 11.



Article 8



(1) the Court (Office) one side of the contract can, according to the legal regulations for the

it applicable, apply to the competent court (the Office of) the other side of the Contracting

to request that in the scope of its own jurisdiction in evidence.



(2) the request is a write up in the language of the State (oficielní) the requested Member State, or

supply is the translation in this speech, the accuracy will be validated

Diploma, atickým or consular representative of the requesting State, or

official or sworn translator of one of the two States. If it is not provided with

such a translation, it can, if requested, be taken

the State requested.



(3) the request for legal aid will be forwarded to the:



the British Consul in the Republic, the Czechoslovak Ministry of Justice

of the Czechoslovak Republic in Prague,



in England the Czechoslovak Consul in London, to the President of the Supreme Court

in England.



(4) the Court (the Office), which will be controlled by the request of the evidence, it is

obliged to comply with it and use it, if need be, of the same law enforcement

funds, as if he did request the courts (offices) of their own State.



(5) the Consular Authority of the requesting State, if it so wishes, informed

about the time and place when and where the desired performance will be constructed so that the

interested parties may be present in it.



(6) the performance of the requested legal assistance may be refused only:



and if it is not proven), the authenticity of the request for legal assistance;



(b) if the demand does not belong) performance in the State requested to the powers of the courts

(authorities);



(c)) where the requested State considers that execution of the letters rogatory, legal aid

compromise its sovereignty or security.



(7) if requested by the competent court (the Office), from the official

the obligations of the request for legal assistance to the competent court (the Office) custom

State.



(8) whenever requested by the Court (by the authority) granted the applications for legal

assistance, it shall notify this immediately to the consular office of the requesting State and

stating the reasons for which the performance of the request has been rejected, or for which

It could not be done, or mark the Court (Office), to which the request

referral.



(9) the Court (the Office), the better the desired legal assistance, maintain, as regards

the form of proceedings, laws of their own State.



However, the will to comply with the request of the applicant to the Court (of the Office), in order to

maintained a special form of management, must such a special form

is not contrary to the laws of the requested State.



Article 9



For the performance of the requested legal assistance will not be the courts (the authorities) should on the

courts (řadech), the second State nijakých charges.



However, the requested State, the requesting State shall replace: costs and expenses

to be paid to witnesses, experts, interpreters or translators,

expenses associated with the introduction of the witnesses, who did not voluntarily,

expenses associated with carrying out the evidence in the special form referred to in article 8

paragraph. (9), as well as those that need to pay to the person who will be appointed

the requested court (authority), that the proof made admits to local

laws.



The requested court (Office) asks for the reimbursement of these expenses by the Court (the Office), which

the legal assistance requested in the docket, which passes the zakročivšímu konzulu documents

made the request for legal assistance. Expenses will be charged at the rate

valid for nationals of the requested State.



Article 10



(1) Is on přípustno, that without the participation of the courts (the authorities) of the country in which the evidence

to be executed, the consular representative of the State of the applicant.



(2) the representative of the State referred to in paragraph (1) shall be entitled to send the parties

or other persons to svědeckému or the parties and invite them to

the submission of documents or to the submission of documents, and to take the parties, witnesses or

an expert in, but cannot use the nijakých of law enforcement resources.



(3) a Summons issued under paragraph 1(b). (2) is to write in the language of the State (oficielní)

the State, where evidence is to be performed, or to annotate is a translation in this

speech, but would state he was a member of the applicant transferee.



(4) evidence may be made in the form prescribed by the laws of the State, where it has

be used, and it is for the parties the right to be represented by lawyers while

(barristry, solicitors) from that State.



Article 11



(1) Is also přípustno apply to the competent court (the Office of) the requested State,

that alone gave evidence to perform consular representative of the requesting State.



(2) in such a case, the requested court (the Office of) the measures necessary to

ensure that the parties, witnesses or experts to arrive and to

submitted papers or documents, and to apply, if necessary, whether or not

law enforcement resources to which it is entitled to.



(3) a Consular representative referred to in paragraph (1), the parties may take, witnesses

or expert to the oath, if they are willing to fold it.




(4) the provisions of article 10, paragraph 1. (4) shall also apply to the case where the evidence

will be carried out according to this article.



Article 12



The fact that there was no proof can be made in the manner referred to in article 10,

as a party, witness or expert to attend, declined to testify or

issue the testimony or to submit documents or documents is not an obstacle,

that was again applied for legal assistance referred to in article 8 or 11.



IV.



General provisions



Article 13



Any problems that might arise seeing to the implementation of this Treaty,

they will be settled in a diplomatic way.



Article 14



(1) this Treaty, whose Czechoslovak and English texts are equally

authentic, shall enter into force three months after the exchange of instruments of ratification

and shall remain in force for a period of three years from the time when it became effective.

If the contract is terminated by one of the High Contracting Parties

six months before the expiry of this period shall be extended in silence on a

half of the year, unless terminated by either of the High Contracting Parties to the

6 months.



(2) this Treaty shall not apply to Scotland, Northern Ireland, on her or on the

dominie, colonies, possessions or protected areas of The Uk

Majesty; His British Majesty belongs the right to extend the

at any time by simply notifying the application of this Treaty to Scotland, Northern

Ireland, or some of those dominions, colonies, possessions or protected

territory.



In the notification that will be marked the day when this extension of the scope of the

the Treaty becomes effective, the authorities, which will transmit to the judicial and extrajudicial

writings and letters rogatory for legal assistance, as well as speech, in which the draft

communication, intended for this territory, and translations.



Both the High Contracting Parties may, after the expiry of three years from the date on which it takes

the scope of the extension of this contract to Scotland, Northern Ireland, or on

some of the dominions, colonies, possessions or the protected territory of The British

Majesty, at any time terminate the scope of such an extension of the Treaty on

six months.



(3) the provisions referred to just the extension of the effectiveness of this agreement to the

Scotland, Northern Ireland, or at some colonies, dominions, dominie or

the protected territory of His British Majesty shall also apply in respect of each

the territory, over which was his British Majesty received a mandate from the

The League Of Nations.



On the conscience of the assignees signed the Treaty and joined their

seals.



Done in duplicate at London, this eleventh day of November 1924.



(L. S.) W. Tyrrell



(L. S.) Dr. Emil Spira



Prozkoumavše this agreement, we agree and we confirm it.



The conscience we have signed this sheet and the seal of the Republic of

The Czechoslovak přitisknouti.



The Prague Castle on 24. February devítistého the twentieth one thousand years

the sixth.



The President of the republics of Czechoslovakia:



T. g. Masaryk in r.



Minister of Foreign Affairs:



Dr. Edvard Beneš in r.



Is that the instruments of ratification were exchanged the day 29. March

in 1926, and that this Convention shall take according to the article. 14 the scope of three months after the

the exchange of instruments of ratification.



Dr. Edvard Beneš in r.

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