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Changes To The Code Of Civil Procedure.-Austrian Mezistát. Court Of Arbitration

Original Language Title: Změny soudního řádu čs.-rakouského mezistát. rozhodčího soudu

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3/1929 Sb.



The Decree



the Ministers of Justice and Foreign Affairs



of 30 March 2004. in December 1928,



which shall be published changes to the code of civil procedure, Czechoslovakia-Austria

transnational Arbitration Court for commitments in the Austro-Hungarian

Crowns.



The Presidents of the Prague and Vienna Chamber Czechoslovakia-Austria

the Arbitration Court for liabilities in the old crowns have agreed under article 3(2).

37 the Convention with Austria from March 18. in June 1924, no. 60 Coll. and n. 1926

adjustment of the commitments in the Austro-Hungarian Crown, on some changes

Code of civil procedure of the Arbitration Tribunal for transnational undertakings in the old

Crowns, announced by the ministries of Justice and Foreign Affairs day

June 20, 1927, no. 75 Coll. and n. Changes you hereby declare.



Dr Mayr-Harting in the r.



Dr. Edvard Beneš in r.



Changes



Code of civil procedure of the Arbitration Tribunal for transnational undertakings in Austria-

Hungarian crowns (No 75/27 Democrats. Coll. and n. and no 184/27 BGBl.).



§ 8, paragraph. 3. has the zníti:



Suffering from a filing a formal defect that interferes with the proper handling, return them to the

President to repair and reactivate the presentation in a short period of time. If the command

in repair, while in time, granted, but not completely, it may be for the full

completion and submission of the submission still determined resumption neprodlužitelná

the period of eight days.



In section 13, paragraph 2(a). 1., lit. (b)) at the end of zaměniti is the word "action" with the word

"the proposal".



section 15, para. 1. zníti has:



Written compliance complaint (stižný file) is outside the General requirements

§ 8 obsahovati: requirements calculated in section 14. 1., lit. and (d)),)

further, if possible, an indication of the day, which was the complainant the decision naříkané

delivered, the individual points of the complaint and suggestion. Naříkané decision

is připojiti, however, may be dropped from it, if it was in the complaint

exactly marked.



section 17, para. 1., znějž:



Each plaintiff and the complainant shall lodge a security for court fees in the amount of 3%

prices, already has made him the subject of the dispute of the proposal. Statutory or

agreed interest shall be counted in the basis for assessment. Once under the

the basis for the assessment of the amounts was reached for Austrian side

shillings 2,000-and for the Czechoslovak party amounts to CZK 10 000-, is from

additional amounts of the above-mentioned prices dispute vyměřiti pleas only 1% of the guarantee.

The statement, however, the security shall be for the Austrian party at least 40 shillings-and

at least $ 200 for a Czechoslovak-. Security in the hands of the President of the

the Senate, which the legal thing seems (§ 6). For lodging so be it

fixed neprodlužitelná the period of 30 days. Security is složiti according to

If the matter fell to the Czechoslovakian or the Austrian Senate, either for

posting locations in Prague (Provincial Bank in Prague II., ditches), either at the

the Austrian posting places in Vienna (Biberstraße, 16) for the account

the Arbitration Court.



Paragraph (2). znějž:



(2) if the security within the time given, it is judged that the

action or complaint has not been filed.



Paragraph (4). znějž:



(4) the following provisions apply mutatis mutandis to secondary use is intervenienty (§

19. 2.).



§ 18: znějž



Claims, complaints and suggestions, which were submitted late or to which

the execution of the Arbitration Tribunal apparently is not competent, on which were submitted

the party beyond reasonable doubt to be unjustified or that under section

8. 3., and section 17, para. 2. shall be considered to have been lodged at no

further proceedings by order of the Senate rejected.



section 28, paragraph 1(a). 2., znějž:



(2) the Court's decision, which restricts or halts the proceedings, may be

associated with the statement of the court fees and clients. Court fees

According to the State of the proceedings is should be a reasonable amount of certainty claim.



§ 46, para. 1., znějž:



(1) let it be decided in the award also for court fees and clients. On

court fees is the losing party, 3% of the price for her

has the subject of the dispute, as is served from the claim, which is the basis of the dispute. When

It provides for the share, which is going on in article. 16 agreement, for

all the creditors of the Czechoslovak agreement without the difference 10% disputed in

the old dollar receivables in the Czechoslovak crowns.

Once this was achieved, according to the assessment base for

the Czechoslovak party the amount of CZK 10,000, and for the Austrian party the amount of the

2,000-with, the amount of the additional value of the court fee in the amount of 1% of.

The minimum amounts laid down for the statement of assurance (section 17) also applies to the Court of

fees. Outside the court charges the Party completely prohravající nahraditi

opponents also need to accrue to him spending proceedings before an arbitral tribunal.

However, when it let there be taken to increase the spending today, which resulted přivzetím

the legal representative.



Dr. KARL KASPER in r.