The Treaty Between The Czechoslovak Socialist Republic And Plr On Legal Aid And Settlement Of Legal Relations

Original Language Title: o Smlouvě mezi ČSSR a PLR o právní pomoci a úpravě právních vztahů

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=38060&nr=42~2F1989~20Sb.&ft=txt

42/1989 Sb.



DECREE



Minister of Foreign Affairs



of 3 July 2003. April 1989



the Treaty between the Czechoslovak Socialist Republic and the Polish

the people's Republic on legal aid and settlement of legal relations in matters of

civil, family, labour and criminal matters



Change: 2/2006 Coll.



On 21 February 2006. December 1987 was in Warsaw signed the contract between the

The Czechoslovak Socialist Republic and the Polish people's Republic

on legal aid and settlement of legal relations in civil matters,

family, labour and criminal matters.



With the Treaty, expressed its approval of the Federal Assembly of the Czechoslovak

the President of the Czechoslovak Socialist Republic and the Socialist

the Republic has ratified it. The instruments of ratification were exchanged in Prague on

March 10, 1989.



The Treaty will enter into force on the basis of article 86 on 9 July 2005. April

1989. on the date of the expiry of The Treaty between the Czechoslovak

Socialist Republic and the Polish people's Republic on the adjustment of

legal relations in civil, family and criminal matters of 4.

July 1961, proclaimed No 66/1962 Sb.



The Slovak version of the Treaty shall be designated at the same time. ^ ^ *)



JUDr. Mr v.r.



CONTRACT



between the Czechoslovak Socialist Republic and the Polish people's

Republic on legal aid and settlement of legal relations in matters of

civil, family, labour and criminal matters



The President of the Czechoslovak Socialist Republic



and



The State Council of the Polish people's Republic



the management wishes to further develop the friendly relations between the two States in accordance

with the Treaty of friendship, cooperation and mutual assistance between the

The Czechoslovak Socialist Republic and the Polish people's Republic

from day 1. March 1967 and



in an effort to deepen and improve mutual relations between the two States in the area of

legal relations



have decided to conclude this agreement.



To this end, have designated their agents:



the President of the Czechoslovak Socialist Republic



Bohuslav Chnoupek, Minister of Foreign Affairs,



The State Council of the Polish people's Republic



Mariana Orzechowského, Minister of Foreign Affairs,

who vyměnivše Attorney's and shledavše is in good and due form,

have agreed as follows:



PART THE FIRST



General provisions



Article 1



The legal protection of



(1) nationals of a Contracting Party shall enjoy in the territory of the other Contracting

by the same legal protection in personal and property matters as

nationals of the other party.



(2) the nationals of one Contracting Party shall have the right to apply freely and

without obstacles to the authorities of the other contracting party responsible in matters

civil, family, labour and criminal matters, performing in front of them,

make requests and suggestions, and to carry out other procedural acts under the same

conditions as the nationals of the other party.



(3) the provisions of this Treaty relating to the State of the citizens of the Contracting Parties

shall apply mutatis mutandis to the legal entities established under the laws of

the Contracting Party in whose territory they are established.



Article 2



The provision of legal aid



(1) courts, public prosecutor's Office, the State notary ("judicial authorities") and

other authorities of the contracting parties involved in matters of civil, family and

criminal provide in these matters to each other legal assistance.



(2) in matters of working with each other only by the courts and legal aid

Public Prosecutor's Office.



Article 3



How to contact



(1) the judicial authorities of the Contracting Parties in the implementation of this agreement

meet each other directly, if not otherwise specified in this agreement.



(2) other bodies involved in matters of civil, family and criminal matters,

in the implementation of this agreement, meet through the authorities referred to in

the preceding paragraph, if it is not otherwise provided for in this agreement.



(3) cancelled



(4) the central authorities within the meaning of this agreement are by the

The Czechoslovak Socialist Republic: Attorney-General

The Czechoslovak Socialist Republic, the Ministry of Justice

The Czech Socialist Republic and the Slovak Ministry of Justice

Socialist Republic of Vietnam; by the Polish people's Republic: General

public prosecutors of the Polish people's Republic and the Ministry of Justice of Poland

the people's Republic.



Article 4



Language intercourse



(1) the authorities of the Contracting Parties in the reciprocal contact used in the implementation of the

This agreement, its own official language or Russian language.



(2) where, pursuant to the provisions of this agreement, you must connect the translation

sent documents and documents into the language of the other Contracting Party, shall be

These translations made by an interpreter, the diplomatic mission or

consular post of a Contracting Party.



Article 5



The scope of legal aid



The Contracting Parties to provide legal aid to the performance of individual

procedural acts, especially writing, sending and delivery of documents,

carrying out inspections, withdrawal and by factual evidence,

the implementation of the expert reports, the hearing participants, the accused,

the defendants, witnesses and expert witnesses, the hearing of the parties and other persons and the exercise of

decision.



Article 6



The content and form of a request for legal aid



(1) the request for the grant of legal aid shall contain:



the requesting authority),



(b)) the designation of the requested authority,



(c)) description of the case, in which legal aid is sought,



(d)) first and last name of the participants, the accused, defendants or

the convicts, their place of permanent or temporary residence, their

nationality, profession and in criminal matters pursuant to options and

and date of birth and parents ' names; for legal persons, their name and

registered office,



e) name, surname and the address of the representatives of the persons referred to in subparagraph (d)),



(f) the subject of the request and the data), which are necessary for its execution, in particular

the names, forenames and addresses of the witnesses, if known,



(g)) in criminal matters, as well as a description and identification of the criminal court committed

scene of the crime.



(2) the request must be signed by an authorized official persons and

the official stamp of the applicant authority.



(3) Contracting Parties may, at the request of the use of the legal aid

bilingual forms.



Article 7



The method of execution of the letters rogatory for legal assistance



(1) when processing the request, the requested authority shall apply the laws of

his State. However, the method of execution used in demand by the requesting authority,

If it is not in conflict with the law of the requested Contracting Party.



(2) if the requested competent authority shall send the request to the competent authority

and shall inform the requesting authority thereof.



(3) if it is not known the exact address of the person referred to in the request, shall take the

the requested authority shall take the necessary measures for its findings.



(4) at the request of the applicant authority, the requested authority shall notify in a timely manner

the applicant authority and parties to the place and time of execution of the request.



(5) after the execution of the request, the requested authority to the applicant files returns

authority; in cases where it was not possible to comply with the request, it returns the writings and

at the same time notify the reasons that have prevented his discharge.



Article 8



Protection of witnesses and experts



(1) If, in proceedings before the judicial authorities of one Contracting Party is

the necessary personal participation of the witness or expert, who resides in the territory of

the other Contracting Party, it is necessary to apply to the competent authority of the other

the contracting party requesting the summons.



(2) the summons must contain the threat of coercion, in case of no-show

with the.



(3) a witness or an expert appearing on a summons to the authority of the second

the Contracting Parties shall not be in the territory of that Contracting Party, irrespective of the

their country of citizenship or prosecuted under criminal provisions or regulations, or

taken into custody may not be up to him to execute the sentence imposed by the Court for the judicial

the offence that is the subject of proceedings in which it was summoned, nor for

another act that was committed before crossing the State borders of the requesting

Contracting Party or for a judicial crime that would have resulted from its

the testimony.



(4) However, The protection of the witness or expert shall cease, if the leaves

the territory of the requesting contracting party within a week after that, when the applicant

the Authority advises that his presence is no longer needed. In this period,

not including the duration for which the witness or expert is unable to leave the territory

the requesting contracting party without his fault.



(5) a witness or expert has the right to reimbursement of travel and subsistence,

as well as loss of earnings, and an expert in addition to insurance. In the summons

shall specify the compensation of a witness or expert is a member. At the request of the witness

or expert shall provide to the requesting contracting party an advance on compensation

costs.



Article 9



Service of documents



The requested authority shall deliver the documents in accordance with their national legislation,

If the document to be served shall be drawn up in the language of the requested Contracting

party, or if it is accompanied by a certified translation into that language.

Otherwise provided the document recipient, if it is willing to voluntarily

take over.



Article 10



Proof of delivery



Proof of delivery is confirmation of receipt bearing the date of delivery,

the signatures of the delivering and the recipient and a stamp evidencing the authority of

or a certificate evidencing the authority confirming the date, place and manner

delivery. If the document to be served shall be sent in duplicate,

receipt of the writ, and the service can confirm on the other

a copy of the.



Article 11



The cost of legal aid




(1) each Contracting Party shall bear all the costs incurred in

providing legal assistance in their territory.



(2) the requested authority shall inform the requesting authority of the amount of the costs incurred.

If the requesting authority is recovered by the reimbursement of the costs from the person who is

mandatory pay it, it stays on the reimbursement of the cost of the requesting contracting

side.



Article 12



Legal information



(1) the central authorities of the Contracting Parties shall send each other the most important

legal regulations of civil, family, labour and

criminal law.



(2) the central authorities of the Contracting Party, shall, on request

information on their legislation, as well as information about the practice

the judicial authorities.



Article 13



Presentation of goods and foreign exchange values



If, under this agreement will be deposited or foreign exchange

values from the territory of one Contracting Party in the territory of the other Contracting Party, or

will deliver a diplomatic mission or consular post of the second

the Contracting Party will be required to comply with the relevant legislation of the Contracting

the party, whose authority or foreign exchange values.



Article 14



The survey addresses and other data



(1) the judicial authorities of the Contracting Parties, on request, provide the

help locate the addresses of people staying in their territory.



(2) if the judicial authority of one Contracting Party to claim

to maintenance against a person who is staying in the territory of the other Contracting Party,

the judicial authority of that Contracting Party shall, on the request of assistance

When you determine the employer of that person, as well as the amount of income that

achieves.



Article 15



The validity of documents



(1) of the Charter, which it has issued or certified by a relevant authority of one of the Contracting

the parties, and which are accompanied by's official stamp, signature

an authorized official person shall apply to the territory of the other contracting party without

further validation. This also applies to copies and translations of documents that verify the

the competent authority.



(2) of the Charter, which is in the territory of one Contracting Party, be considered as

the public have in the territory of the other Contracting Party the probative power of public

of documents.



Article 16



Sending of documents of civil status



(1) the competent authorities of the Contracting Parties shall send each other's listings from

the registry office regarding the minutes of the State citizens of one Contracting Party in

the registers of the other party. Listings will be sent immediately after the

the implementation of registration in the registry office, free of charge through the diplomatic channel.



(2) the provisions of paragraph 1 shall apply even in the case where the matrix

one of the Contracting Parties shall implement additional registrations, changes or corrections in the

the minutes of the personal status of the State's citizens of the other party. In this

the case is an extract from the register shall be sent with the changes and additions.



(3) the registry offices of one Contracting Party shall, at the request of the authorities of the other

the Parties requested listings for official use, free of charge

through the diplomatic channel.



(4) the application of the State's citizens of one party to send the extract of the

the Registrar may be sent directly to the competent authority of the other Contracting

party. The applicant shall send the requested documents through

the diplomatic mission or consular post of a Contracting Party, the authority of the

issued the document. The diplomatic mission or consular post of the applicant selects the

When submitting the fee for a copy of the document.



Article 17



The Contracting Parties shall send each other copies of the final decision

relating to the status of State citizens of the other party.



Article 18



The application of State citizens of one party on the issue and sending of documents

about education, about seniority or other instruments of personal or

the property rights and interests of the citizens can be sent directly

the competent authority of the other Contracting Party. The required documents shall be sent to

the applicant, through the diplomatic mission or consular post

the Contracting Party whose authority issued the document. The diplomatic mission or

consular post selects from the applicant when submitting the fee for copies

document.



PART TWO



Civil, family, and work



Article 19



General provisions



If it is in accordance with the provisions of this agreement, given the power to

control of the judicial authorities of both Contracting Parties and bringing

control was administered to one of them, it is excluded the jurisdiction of the judicial

authority of the other Contracting Party.



HEAD FIRST



Case status



Article 20



Eligibility for the rights and legal capacity



(1) the capacity of natural persons, rights, and legal acts shall be governed by

regulations of the Contracting Party whose nationality the person.



(2) the capacity of legal persons to rights and legal capacity shall be governed by

the legal order of the Contracting Parties, according to which the legal person was established.



Waiver and limitation of competence to perform legal acts



Article 21



If this Treaty does not provide otherwise, the procedure for deprivation or limitation of

competence to perform legal acts given the power of the Court of the Contracting Party whose

a citizen is a person whose capacity is proposed. This

the Court will apply the law of your State, if not in this agreement

unless otherwise provided for.



Article 22



(1) if the Court of one Contracting Party finds that the reasons for the

deprivation or restriction of legal capacity of the State to the citizen

the other party who is resident in its territory, it shall inform the

the competent court of the other Contracting Party.



(2) in urgent cases may make the Court referred to in paragraph 1

interim measures needed to protect this person or its assets.

Copies of these measures shall be sent to the competent court of another Contracting Party,

whose citizen that person is.



(3) if the Court of the other Contracting Party, who was informed of the reasons for

for deprivation or restriction of legal capacity, does not commence within three

months of proceedings, or does not respond within this period, it shall initiate the procedure for deprivation of

or restrictions on the eligibility of legal capacity of the Contracting Parties, the Court, on the

the territory of this State residence. In this case, may be

say the decision on the deprivation or restriction of legal

acts only on the grounds which are laid down in the laws of both Contracting

party. The decision on the deprivation or restriction of legal capacity

the competent court shall be sent to the other party.



Article 23



The provisions of articles 21 and 22 shall apply mutatis mutandis when you check or change

competence to perform legal acts.



Article 24



Declaration of death



(1) the Declaration of death are governed by the legislation of the Contracting Party whose

citizen was a person to be declared dead, at the time,

When according to the latest reports was still alive.



(2) the power to control on the Declaration of death is given by the Court of the Contracting

party whose nationality was the person who is to be declared

dead, at a time when, according to the last reports was still alive.



(3) the Court of one Contracting Party may declare a State citizen of the second

the Contracting Parties for the dead:



and a) at the request of the person who intends to make a claim arising from inheritance

or the matrimonial property rights on immovable property or missing

the deceased situated within the territory of the Contracting Party of which the Court is performed by

management,



(b)) at the request of the husband of missing or deceased, who at the time of

the proposal has a domicile in the territory of the other party, the Court performs a

control.



(4) the decision taken pursuant to paragraph 3 shall have the legal consequences only in the

the territory of the Contracting Parties, the Court decided on the matter.



THE HEAD OF THE SECOND



The case family



Article 25



The conclusion of the marriage



(1) a marriage is governed by the terms and conditions for each person who wishes to

to marry, the legal order of the Contracting Parties, which is a

citizen.



(2) the form of the marriage is governed by the legislation of the Contracting Party in

whose territory the marriage is concluded.



(3) the form of the marriage before an authorized diplomatic representative of the

or consular officer is governed by the legislation of the Contracting Party which

the diplomatic representative or consular officer sent.



Article 26



The personal and property relations of spouses



(1) the personal and property relations of spouses are governed by the legislation of the Contracting

Party of which they are nationals at the time of submission of the proposal.



(2) if at the time of the design of one of the spouses is a citizen of one of the

the Contracting Parties and the other a national of the other Contracting Party, the

their personal and property relations of the legal order of the Contracting Parties,

which have a common residence. If one of the spouses resides in the

the territory of one Contracting Party and the second on the territory of the other Contracting Party,

It is the legal order of the Contracting Parties, before the Court takes place

control.



(3) to make decisions about personal and property relations of the spouses according to the

paragraph 1 is given by the jurisdiction of the courts of the Contracting Party in which the State

citizens are married at the time of submission of the proposal.



(4) to make decisions about personal and property relations of the spouses according to the

paragraph 2 is given by the jurisdiction of the courts of the Contracting Party in whose territory the

both spouses are domiciled. If one of the spouses resides in the territory of the

one Contracting Party and the second on the territory of the other Contracting Party, the power is

given by the courts of two Contracting Parties.



Article 27



Divorce




(1) a divorce is governed by the legislation of the Contracting Party of which they

the spouses are nationals at the time of initiation of the proceeding.



(2) if at the time of initiation of the procedure one of the spouses is a citizen of one of the

the Contracting Parties and the other a national of the other Contracting Party, the

divorce legislation of the Contracting Party in whose territory the

the common place of residence. If one of the spouses resides in the territory of one

the Contracting Parties and the other on the territory of the other Contracting Party, it shall apply the laws,

the order of the Contracting Parties, before the Court which the Court is sitting.



(3) the power to divorce proceedings referred to in paragraph 1 is given by the Court that

the Contracting Party of which they are nationals of the spouses at the time of the initiation of the

control.



(4) the power to divorce proceedings referred to in paragraph 2 is given by the Court that

the Contracting Party in whose territory the spouses have their common habitual residence.

If one of the spouses resides in the territory of one Contracting Party and the second on

the territory of the other Contracting Party, it is the power to control given by the courts of both

of the Contracting Parties.



(5) the Court has the power to control the divorce of the parents, the

the power to control the upbringing of their minor children, and nutrition.



Article 28



Determine whether there is or is not marriage and nullity of marriage



(1) determine whether the marriage is or is not or determine the invalidity of the

the marriage is governed by the laws of the Contracting Party, according to which the

marriage should be assessed.



(2) to determine the jurisdiction of a court shall apply mutatis mutandis to article 27.



Article 29



The legal relations between parents and children



(1) legal relations between parents and children, including the child's nutrition, is governed by the

legislation of the Contracting Party whose nationality the child is; If it is not

the nationality of the child known, is governed by the legislation of the Contracting Party in

the territory of the child's place of residence.



(2) determination and denial of a person's parentage, as well as the recognition of the

parenting is governed by the legislation of the Contracting Party whose nationality

is the mother of the child at the time of his birth; If the nationality of the mother

known, is governed by the legislation of the Contracting Party in whose territory the child

was born. As regards the form of the acknowledgement of paternity, if the

proceed according to the law of the Contracting Party in whose territory the recognition

has occurred.



(3) in the cases referred to in paragraphs 1 and 2 is given the power to authorities of both

the Contracting Parties; This also applies to the recognition of parentage.



Article 30



Other kinds of maintenance obligations



(1) other kinds of maintenance obligations according to the family law is governed by the

legislation of the Contracting Party in whose territory he resides, the person who

claim to maintenance.



(2) jurisdiction in matters referred to in paragraph 1 is given by the Court of the Contracting

party in whose territory he resides, the person who claims

nutritious.



Article 31



Adoption



(1) Adoption is governed by the legislation of the Contracting Party whose national

the adoptive parent is a citizen at the time of submission of the application for adoption.



(2) must give consent to adoption the child they have learned, as well as its legal

a representative and the authorities of the Contracting Parties, if required by the laws,

the legislation of the Contracting Party whose nationality is their child.



(3) if the child is osvojováno the spouses, one of whom is a citizen of

of one party and the other a citizen of another Contracting Party, shall

be fulfilled conditions laid down by the laws of both Contracting Parties.



(4) the provisions of the preceding paragraphs shall apply mutatis mutandis to a change and

revocation of adoption.



(5) the procedure for the adoption, amendment or revocation of adoption is given by

jurisdiction of the courts of the Contracting Party whose nationality is the adoptive parent in

the time of filing the application; in the case referred to in paragraph 3 is given the power to

the Court of the Contracting Party in whose territory the spouses or the last should

the common place of residence.



Guardianship



Article 32



(1) where the contract provides otherwise, the commencement and termination of

custody legislation of the Contracting Party whose nationality is

a person who is or is to be appointed guardian.



(2) legal relations between the guardian and the ward shall be governed by

the order of the Contracting Parties, the court appointed guardian.



(3) 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 for

guardian.



(4) If a citizen of the State, which is to be appointed guardian of a resident

in the territory of one Contracting Party, it may be a guardian appointed and State

a citizen of the other Contracting Party, provided that he resides in the territory of the

the Contracting Parties shall, where the exercise of custody, and that its provisions

best suits the interests of the ward.



(5) the proceedings on the custody is given to the jurisdiction of the courts of the Contracting Party

the citizen is the guardianship.



Article 33



(1) if they are to protect the interests of the citizen of the State of one Contracting Party whose

residence, residence or property is in the territory of the other Contracting Party, the necessary

measures, a Court of that Contracting Party shall without delay inform about that the Court

referred to in article 32 para. 5.



(2) the Court may, in urgent cases, the other party to make

appropriate temporary measures under the law of their State, but must

without delay inform about that the Court referred to in article 32 para. 5. the temporary

the measures will remain in effect until another decision of this Court.



Article 34



(1) the Court referred to in article 32 para. 5 may delegate the management of guardianship

the Court of the other Contracting Party, if the guardianship is domiciled or

assets in the territory of that Contracting Party. The delegation will become effective,

If the requested court takes over the management of guardianship and shall inform the

the requesting court.



(2) the Court to which it has delegated under paragraph 1, it shall act

under the law of his State.



THE HEAD OF THE THIRD



The estate of things



Article 35



The form of the legal act



(1) the form of the legal act shall be governed by the laws of the Contracting Parties, which

is governed by the legal act itself. However, if, under the rule of

the order of the Contracting Party in whose territory the legal operation has occurred.



(2) the form of the legal act relating to immovable property shall be governed by

regulations of the Contracting Party in whose territory the property is.



Article 36



Real estate



Legal relations to real estate are governed by the legislation of the Contracting Party in

whose territory the immovable property, and to them is given the power authority

of that Contracting Party.



Article 37



Contractual obligations



(1) the contractual obligations are governed by the legislation of the Contracting Party in

whose territory the agreement has been concluded, if its participants agreed on

use of any other rule of law relating to obligations.



(2) in the cases referred to in paragraph 1 is given the power of the Court of the Contracting

Party on whose territory the defendant is resident or established. The power is

given and the Court of the Contracting Party in whose territory he resides

the petitioner, provided that within this territory is the subject of the dispute or

assets of the respondent.



(3) the Powers referred to in paragraph 2, the parties to the contract

obligation relationship varied by agreement.



Article 38



Liability for damage



(1) liability for damage not resulting from the contractual obligations

(breach of legal obligations) shall be governed by the laws of the Contracting Party in

whose territory the infringement or events giving rise to the claim. If

pests and damaged a national of the same Contracting Party, the claim shall be governed by

for damages the legal order of the Contracting Parties.



(2) the action for damages is given by the jurisdiction of the courts of the Contracting Party

the territory of which the damage occurred or in whose territory the pest

residence. The power is given and the Court of the Contracting Party in whose territory the

of residence of the injured party, if it is on the territory of the škůdcův property.



CHAPTER FOUR



The estate of things



Article 39



The principle of equality



(1) nationals of a Contracting Party may acquire property or rights

on the territory of the other party or by inheritance from the will for

the same conditions and to the same extent as its own nationals.



(2) nationals of a Contracting Party may, in a will to dispose of his

property located on the territory of the other Contracting Party.



Article 40



Application of the law



(1) the Succession to movable property is governed by the legislation of the Contracting Party whose

the testator was a citizen at the time of death.



(2) inheritance of property is governed by the legislation of the Contracting Party on whose

the property is located.



(3) the assessment of the question whether they are chatting or property, shall be governed by

legislation of the Contracting Party in whose territory the property is situated.



Article 41



Deaths



If it is not in accordance with the legal order of the Contracting Parties designated in article 40 of the heirs,

acquires goods, the Contracting Party whose nationality the deceased was in

the time of death, and real estate, the Contracting Party in whose territory they are situated.



Article 42



Last will and Testament



(1) the capacity to establish or revoke a will, as well as the legal effects of defects

expression of will is governed by the legislation of the Contracting Party whose national

the testator was a citizen at the time of the establishment or revocation of a will.



(2) the form of the establishment or revocation of a will is governed by the legislation of the Contracting

party whose citizen the deceased was at the time of the transaction,

which the will was set up or canceled. However, if it was effected


under the law of the Contracting Party in whose territory the will was established

or cancelled.



(3) the provisions of paragraphs 1 and 2 shall apply by analogy to the dispossessed if

modified the legal order of the Contracting Parties.



Article 43



Jurisdiction in matters of succession



(1) for consideration of movable heritage is given the power of the judicial authority

the Contracting Party whose nationality was deceased at the time of death.



(2) for consideration of immovable heritage is given the power of the judicial authority

the Contracting Party in whose territory the property is situated.



(3) if the subject of heritage just chattel, that remained after the death of

a State citizen of one Contracting Party in the territory of the other Contracting Party,

discuss on the design of the entire heritage of the heir to the competent judicial authority of the

the Contracting Parties agree, if all known heirs.



Article 44



The opening and publication of the will



To the publication of a will is given the power of the judicial authority of the Contracting Party

on whose territory the last will and Testament. The competent judicial authority to discuss

heritage should be sent a certified copy of the will and write about its publication.



CHAPTER FIVE



Work stuff



Article 45



(1) the parties may agree that the employment relationship shall be governed by

order they choose.



(2) If no agreement is reached under paragraph 1, the creation, amendment and termination

of employment, as well as claims arising under the laws of the

the Contracting Party in whose territory the employee performs, performed or had

to perform the work. If the worker performs work in the territory of one of the Contracting

Parties on the basis of the employment relationship with the organisation, which has its registered office at

the territory of the other Contracting Party is governed by the emergence, change and termination of employment

the ratio, as well as claims arising from the legislation of the Contracting Parties,

on whose territory the Organization has its seat.



(3) in the cases referred to in paragraph 2 is given the power of the Court of the Contracting

the party in whose territory the employee performs, performed or had

to perform the work. The same is given to the jurisdiction of the courts of the Contracting Party

the territory of residence (seat) of the respondent, as well as on whose territory

residence (registered office), the rapporteur, is located on this territory subject

litigation or assets of the respondent.



(4) the Powers specified in paragraph 3 may labor participants

relations to change the agreement.



CHAPTER SIX



Costs and relief



Article 46



Exemption from lodging costs



Nationals of one Contracting Party who act before the courts of other

the Contracting Parties shall, if they are resident in the territory of one of the Contracting

party, you cannot save the lodging costs just

because they are foreigners or that they do not have in the territory of the other Contracting Party

residence or stay.



Exemption from fees



Article 47



(1) nationals of a Contracting Party shall have in the territory of the other Contracting

the parties are entitled to an exemption from fees and advance payments and other costs of the proceedings,

as well as the right to free legal counsel provisions under the same

conditions and to the same extent as its own nationals.



(2) the exemption referred to in paragraph 1 shall apply to the entire proceedings, including

enforcement proceedings.



(3) an exemption from fees granted by the competent judicial authority of one

the parties in a particular case shall apply to all the procedural acts,

that take place in these proceedings, the judicial authority of the other Contracting Party.



Article 48



(1) the exemption provided for in article 47 shall be granted on the basis of the certificate of

personal, family and financial circumstances of the applicant. This certificate

issued by the competent authority of the Contracting Party in whose territory the applicant

residence or stay.



(2) if the applicant is not domiciled or resident in the territory of any of the

the Contracting Parties, may issue a certificate as well as the diplomatic mission or

consular post of a Contracting Party which is a citizen.



(3) the judicial authority, which decides on requests for exemption from the fee,

can from the authority which issued the certificate, require the completion of data or

needed clarification.



Article 49



(1) a national of a Contracting Party which makes a request for exemption

from the cost of proceedings or of free representation in the proceedings before the judicial

authority of the other Contracting Party, it may apply in writing or orally at the

the Court of the place of residence or stay. The Court of the request

refer to the competent judicial authority of the other Contracting Party with

a certificate issued in accordance with article 48.



(2) the request referred to in paragraph 1 may be made at the same time with the proposal on the

the initiation of proceedings.



Article 50



The judicial authority of one party, that in the matter of reimbursement of costs

management, as well as the addition to the proposal calls the party who has

residence in the territory of the other contracting parties stipulate the period of at least

one month. Period shall be calculated from the date of service of the document.



Article 51



Time limits



(1) if the judicial authority of one Contracting Party provided to the participant

management, who resides in the territory of the other Contracting Party, the time limit to

the implementation of the procedural act, the deadline for the applicable

the postmark date when the confirmation document

has stored the act done, sent.



(2) in the event that it is necessary to fold within the prescribed period on the territory of the other

the Contracting Parties shall deposit or fees required by a judicial authority, that

in the case, is decisive for the deadline date of their

composition in the Bank of the Contracting Party in whose territory the party

residence.



(3) the consequences of failure to comply with time limits are to be judged according to the legal order of the

the Contracting Party whose judicial authority in the case.



THE HEAD OF THE SEVENTH



Recognition and enforcement of judgments



Article 52



Recognition of the decision of the non-material nature



Final and enforceable decision of non-material nature in civil,

family and labour matters and in matters of custody of children and nepravomocná

the decision, if enforceable, issued by the judicial authorities of one

the Contracting Parties, shall be recognized in the territory of the other party without any further

proceedings under the condition that the judicial authorities of the other Contracting Party have not issued

the final decision in the same case before or if pursuant to this agreement

or, in the cases not regulated by this agreement in accordance with the rule of law

the Contracting Party in the territory of which recognition is sought, there is no consideration of the case

within the exclusive competence of the judicial authorities of that Contracting Party.



Article 53



Recognition and enforcement of decisions in matters of property



(1) the Contracting Parties shall, under the conditions laid down in this agreement and acknowledge

shall carry out in its territory the decision issued by the judicial authorities of the other

the Contracting Parties:



and in the decision) civil, family and employment equity matters

the nature,



(b)) decision in criminal matters relating to compensation for damage caused by

indictable offence.



(2) the decision referred to in paragraph 1 shall be supplies and Court-approved settlements

in family, civil and business matters of property, as well as

decisions in matters of succession issued by the judicial authorities of the Contracting Parties,

that they have under the law of that Contracting Party the power to control.



Article 54



The decision referred to in article 53 shall recognise and execute in the territory

the other Contracting Party, provided that:



a) under the law of the Contracting Party in whose territory the decision was

issued, is final and enforceable and in matters relating to maintenance

and nepravomocné, if enforceable,



(b)) the judicial authority of the Contracting Party in whose territory the decision was

released, had jurisdiction in the matter under this agreement and in the

cases that are not covered in this agreement under the law of a Contracting

the party in whose territory the recognition or enforcement is sought,



(c) the participant has not been able) to take part in the proceedings; in

the case of limited competence was properly represented by the participant and, in particular,

who did not participate in the proceeding, was summoned in a timely manner,



(d)) about the same things between the same parties, has already been decided before

judicial authority of the Contracting Party in whose territory the decision to recognise and

to do, or if between the same parties in the same case have previously been

brought before the judicial authority of the Contracting Party in whose territory the

decision is to be recognised and enforced,



(e)) the decision of the judicial authority of a third State involving the same parties in the

the same case was no longer recognised or enforced in the territory of the Contracting Party where

decision is to be recognised and enforced,



(f)) was used at the release of the decision of the legal order laid down by the

of this contract and in the case that the Treaty does not regulate the use of the rule of law,

the decision was made under the law of the Contracting Party on whose

the territory of this decision is to be recognised and enforced.



Article 55



(1) an application for recognition or enforcement may be filed directly

to the competent court of the Contracting Party in whose territory the decision

to recognise or execute, or through the Court, which ruled in the first

the degree.



(2) it is necessary to attach to the proposal:



or his decision) certified copy thereof together with the confirmation of legal power and

enforceability and in matters relating to maintenance, unless the decision

final confirmation of enforceability, if it is not apparent from the very

the decision,



b) confirmation that the party against whom the judgment was given, and


who did not participate in the negotiations, has been properly and timely summoned to meetings

under the law of the Contracting Party in whose territory the decision was

granted, in the case of a limited process capability certification that has been properly

represented,



c) confirmation that the party against whom the judgment was

issued this decision under the law of the Contracting Party in

the territory of which it was issued, delivered on receipt along with a lesson in

the possibility to lodge an appeal against it,



(d)) a certified translation of the proposal on the recognition or enforcement of the decision and the documents

referred to in points (a) to (c))) into the language of this paragraph, the Contracting

Party on whose territory the decision to recognise or execute.



Article 56



The method of recognition and enforcement of decisions



(1) Admit or order the execution of the decision, the Court has jurisdiction, the Contracting

Party on whose territory the decision to recognise or execute.



(2) in the present proceedings the Court is limited to determining whether the conditions have been met

referred to in articles 54 and 55.



(3) the recognition and enforcement of decisions is governed by the legislation of the Contracting Party in

whose territory the decision to recognise and execute. This policy also applies to

the elements of the proposal on recognition and execution of decisions. The application for recognition and

enforcement is necessary to connect its copies and copies of the attachments,

in order to be served on the parties.



(4) If, in the territory of the Contracting Party of which the Court has issued a decision, was

as a result of recovery proceedings or complaint for a breach of the law in this matter

allowed the postponement of his performance, to be on the territory of the other Contracting Parties

a proposal to permit enforcement of a decision or no longer allowed power to postpone.



(5) before issuing the decision on recognition or enforcement

the Court may, if it considers it necessary to hear the proceedings. Court

You may also request further information from the Court that issued the decision.



Decision on reimbursement of costs



Article 57



(1) where a party exempt under article 47 final

the decision saved on the territory of a party to pay the costs

control of the other party, the competent court in the territory of the other Contracting Party

orders the enforcement of a decision free of charge for the recovery of these costs on a proposal from

authorized.



(2) the costs relating to the enforcement of a final and enforceable

decisions are calculated and the costs associated with the translation and validation of documents.



Article 58



(1) the Court which ordered the execution of a decision on costs,

limited its examination to whether the decision took legal force and that it is

enforceable.



(2) the application for enforcement of a decision shall be attached or a certified

a copy of the part of the decision that contains this statement and the certificate issued by the

the competent court, the statement of costs is final and

enforceable, as well as the certified translation of these documents.



(3) the Judicial authority of the Contracting Party in whose territory the cost back up

State requests the competent court of the other Contracting Party, that the costs of the proceedings

enforced. This Court performs a performance free of charge under the law of their

State and vymoženou amount shall surrender the diplomatic mission or consular

authority of the other party. The provisions of paragraphs 1 and 2 shall apply

by analogy.



PART THREE



Criminal



HEAD FIRST



Taking over of criminal prosecution



Article 59



The obligation to take criminal proceedings against



(1) each Contracting Party undertakes, at the request of the other party

to initiate criminal proceedings against its own citizens, as well as against the

foreigners, if they are domiciled on its territory, who were in the territory of

the requesting contracting party to commit indictable offence.



(1a) the requested Contracting Party may refuse the criminal proceedings, if:



and) has considered that the offence to which it relates, it is a criminal offence

the political nature of an offence or exclusively military,



(b)) has a legitimate reason to believe that the passed in the request is motivated by the

reasons related to race, religion, nationality or political

opinions,



(c) compliance with the request would be) in violation of the basic principles of the rule of

the order of the requested Contracting Party.



(2) a Contracting Party may apply for a takeover of the prosecution of such violations of the

rights, which under the law of the requesting Contracting Party shall be deemed to

for the offence and the Court under the law of the requested Contracting Party

only for the offense.



(3) in the cases referred to in paragraphs 1 and 2 shall act in a competent

the judicial authorities of the requested Contracting Party in accordance with their national legal systems.



(4) if the offence to which it refers to the takeover of the prosecution,

results in a claim for damages and was filed the proposal for its

compensation, this proposal will become part of an adoption proceeding.



Article 60 of the



Request to take charge of criminal prosecution



(1) a request for the taking over of criminal prosecution must include:



the requesting authority),



(b) the name and surname of the accused), his country of citizenship, as well as other

personal information,



(c) the description and the legal classification of) the Act, in respect of which the application for

taking over of criminal prosecution.



(2) the application shall be annexed:



and the text of the provisions of the criminal law) and by the needs of the other

the laws of the requesting contracting party, which are essential for the

the prosecution,



(b)) file, or a certified copy thereof with the evidence



c) proposals for compensation and, where possible, information about her height,



(d) proposal on criminal) prosecution, if required by the rule of law

the requested Contracting Party.



Article 61



The return of the accused



(1) if the accused person at the time of submission of the request to take charge of the criminal

the prosecution is in custody in the territory of the requesting party, transfer the

the territory of the requested Contracting Party.



(2) if the accused person at the time of submission of the request to take charge of the criminal

the prosecution at large in the territory of the requesting contracting party, this party,

If necessary, shall take measures in accordance with their national legal systems for its

return to the territory of the requested Contracting Party.



Article 62



The communication of the results of the prosecution



The requested Contracting Party shall inform the requesting Party of the final

the decision in the case. At the request of the requesting Contracting Party shall be served and

a copy of this decision.



Article 63



The consequences of taking over of criminal prosecution



After the takeover of the prosecution cannot judicial authorities of the requesting

the Contracting Parties shall proceed in the criminal proceedings against the same person for the same

deed.



THE HEAD OF THE SECOND



Extradition for criminal prosecution and imprisonment



The release of people



Article 64



(1) the Contracting Parties in accordance with the provisions of this Treaty shall, on the request of the

other issue for the implementation of criminal proceedings or for the enforcement of a sentence

persons residing on their territory.



(2) issue for the implementation of the criminal proceedings is permitted only for judicial

offences that may be under the law of both Contracting

the parties ' imprisonment whose upper limit is higher than the

one year or more severe penalty.



(3) release to the enforcement of the sentence is permissible only for the acts of a criminal

under the law of both Contracting Parties, for which the requested person was extradited

sentenced to imprisonment for at least six months, or to the penalty of

the tighter.



Article 65



(1) for the issue does not occur if:



and) where the requested person is a citizen of the requested Contracting Party,



(b)) the legally offence has been committed on the territory of the requested Contracting Party,



(c)) under the law of the requested Contracting Party cannot be a criminal

the prosecution brought or the judgment cannot be enforced for reasons of limitation

or another legal reason,



(d)) against a person, whose extradition is sought, it was for the same indictable offence

on the territory of the requested contracting party initiated criminal proceedings, was handed down

a final judgment or final decision was criminal prosecution

stopped,



(e)), the offence for which the criminal proceedings may be initiated only on the

the basis of a private complaint.



(2) if he can not occur, the requested Contracting Party shall inform the

the requesting contracting party.



Article 66



Extradition request



(1) the request for extradition for the purpose of conducting criminal proceedings shall be accompanied

a certified copy of the order for the arrest of the Court to the offence and a description, as well as

the texts of the provisions of the legislation which apply to criminal court

an offence committed, required by the person. If it is about the judicial crime against

assets to be notified and the amount of damage that was or could be

due to a court-the criminal offence.



(2) the request for extradition for the enforcement of the sentence shall be accompanied by a certified copy

final judgment, as well as the texts of the provisions of the legislation,

that apply to the Court for a convicted criminal act committed. Served if

the part of the convicted person's sentence, you should tell what part he had served.



(3) the request for extradition is based on options and description

required by the person, the particulars of its citizenship, personal circumstances and

place of residence, if this information is not apparent from the judgment or of the

to the arrest, and her photographs and fingerprints.



Article 67



Completion of the application for the issue of



Does not contain a request for the release of all information necessary to enable it to

It could be decided, the requested Contracting Party may request the

Supplement, which can specify a time within two months. This period may be


for serious reasons.



Arrest for extradition purposes



Article 68



After the reception of the request for the release of the requested Contracting Party shall without delay

measures to arrest the person required, except when it is clear

that issue under this agreement cannot occur.



Article 69



(1) the arrest can be done even before the request for extradition, dojitím

If the requesting party expressly so requests and communicate that was

issued a warrant for the arrest of or judgement, on the basis of which it intends to apply for

release. Application and provisional arrest may be made by post, telegram

or in any other way which avoids any doubts.



(2) the competent judicial authorities of the Contracting Parties may, in the absence of

the request referred to in paragraph 1 shall mean, arrest the person on their territory,

that they committed on the territory of other Contracting Parties legally

the offence for which it is authorised for issue.



(3) on the arrest in accordance with paragraph 1 or 2, you must without delay inform the

the other Contracting Party.



Article 70



Release of arrested person



(1) the requested Party may a person arrested pursuant to article 68

released if, within the period provided for in article 67

have not been sent details of the Tween.



(2) a person arrested under article 69 para. 1 it is possible to dismiss on the

freedom, if the extradition request is not within one month from the date of

When the other party was notified of the provisional arrest.



(3) a person arrested under article 69 para. 2 shall be released on the freedom,

If the extradition request is not within one month from the date on which the

the other party notified provisional arrest.



Article 71



Postponement of release



If the requested person leads the criminal proceedings if he or she

sentenced for another crime Court in the territory of the requested Contracting Party,

the release may be delayed until the end of the criminal proceedings or the execution of

punishment or until the release of the person before the termination of the sentence.



Article 72



Temporary release



(1) the temporary release of the requested person on the basis of a reasoned

the application of the requesting party if the delay would issue had

the effect of prescription of the criminal prosecution or would make serious

proceedings of the Court-crime committed by that person.



(2) Temporarily released by the person after you perform the procedural acts, for which the

was released, immediately return, but within three months from the date of the temporary

release.



Article 73



Clash of the applications for the issue



If the requested extradition of several States, the requested Contracting Party shall decide

which of these applications. In so doing, account shall be taken of all the circumstances,

in particular, to the State nationality of the requested person, to the point of committing indictable

of the offence and its severity.



Article 74



The limits of stihatelnosti issued by the person



(1) a person shall not be Released without the consent of the requested contracting party be held criminally

prosecuted, nor shall be enforced, nor shall punishment be issued

to a third State for another indictable offence had been committed before the release, than

for that release, the use of.



(2) the consent of the requested Contracting Party need not be, if:



and the person leaves) issued within one month from the date of completion of the criminal

proceedings or enforcement of a sentence of the territory of the requesting contracting party; into this

the time limit does not include the period during which the person could not have issued without a

own fault to leave the territory of the requesting contracting party,



(b)) issued by the person left the territory of the requesting contracting party and again

This territory voluntarily returned.



Article 75



The implementation of release



The requested Contracting Party shall inform the requesting Contracting Party place and time

release. If the requesting party does not take the requested person

within 15 days from the date laid down for the issue of the wanted person may be

released.



Article 76



The rerelease



In the case that issued by a person in any way avoids the criminal

proceedings or enforcement of the sentence and returns to the territory of the requested Contracting

the party will be on a new request reissued without the need to send

the instruments referred to in article 66.



Article 77



The communication of the results of the criminal proceedings



Without delay and shall notify the requesting Contracting Party of the requested Contracting Party

the results of the criminal proceedings instituted against the released person; in the case of release

the decision will be served a copy thereof.



Article 78



The transit



(1) the Contracting Party shall, at the request of the other party through its territory

transit of persons who issued the third State of the requesting contracting party. The requested

a Contracting Party is not obliged to allow the transit of persons, which are not under this

the Treaty issue.



(2) an application for transit operations shall be submitted and shall be handled in the same way

as the extradition request.



(3) the requested Contracting Party shall implement the transit in a manner that

It considers most appropriate.



(4) consent to the transit is not required if it is a non-stop flight.



Article 79



The cost issue and transit



The cost of issue shall be borne by the Contracting Party in whose territory arose. The cost of

transit shall be borne by the Contracting Party, that the transit operation.



THE HEAD OF THE THIRD



Special provisions on legal assistance in criminal matters



Article 80



Temporary hand-over of persons in detention and imprisonment



(1) If a person summoned as a witness in custody or in prison

deprivation of liberty in the territory of the requested Contracting Party and is needed by her personal

the hearing, the competent authorities of that Contracting Party shall arrange for its delivery

the territory of the requesting contracting party; This person must be kept in custody and

After the end of questioning must be returned without delay.



(2) there is a need to hear as a witness the person deprived of freedom

on the territory of a third country, the competent authorities of the requested Contracting Party can be

consent to the transit of persons through the territory of its State.



Article 81



The release of things



(1) things that the offender has obtained Court-the criminal offence for which the

asking for his release, or things that acquired as consideration for them, and

things that can be used as evidence in criminal proceedings will be published by the

the requesting contracting party, even if the extradition

not for his death, escape, or for another reason.



(2) the requested Party may temporarily delay the issue of the

things, if they are needed in a different criminal proceedings.



(3) the rights of third parties to things that have been issued to the other party,

shall remain unaffected. The criminal proceedings will be these things

returned to the party which is, or will be sent with the consent of the

issued directly to the beneficiaries.



(4) in the case of the release of goods in accordance with the preceding paragraphs shall not apply

regulations restricting the import and export of goods and foreign exchange values.



Communication of conviction



Article 82



The Contracting Parties shall report to the final judgments in

criminal matters, issued by the courts of one Contracting Party against the State

the citizens of the other party.



Article 83



On a reasoned request, the Contracting Parties shall also report on the

final judgments relating to persons who are not Government

citizens of the requesting contracting party.



Article 84



The Contracting Parties shall on application be sent, if possible, fingerprints

the fingers of sentenced persons referred to in articles 82 and 83.



Article 85



Extracts from criminal records



The Contracting Parties shall on application be sent full details of the

criminal record of State citizens of the other party, as well as

information about subsequent decisions relating to these judgments,

If the conviction is subject to registration in the register of criminal penalties under the law of

the Contracting Parties, the Court issued the decision.



PART FOUR



Final provisions



Article 86



This agreement is subject to ratification and shall enter into force on the thirtieth day after

the exchange of instruments of ratification. The exchange of instruments of ratification shall take place in

Prague.



Article 87 of the



This agreement shall be concluded for five years. Its validity shall be extended to the

the next five years, denounces it if none of the parties through diplomatic

the way of at least six months before the expiry of the current

the five-year period.



Article 88



(1) the date of entry into force of this Treaty, the expiry of the contract between the

The Czechoslovak Socialist Republic and the Polish people's Republic

on the adjustment of legal relations in civil, family and criminal matters of

on July 4, 1961.



(2) If a valid contract between the Czechoslovak Socialist Republic

and the Polish people's Republic refer to the contract referred to in paragraph 1,

will this link to understand the reference to this agreement.



This agreement was drawn up in Warsaw on 21. December 1987 in two

copies, each in the Slovak and Polish languages, both texts being

have the same force.



In witness whereof this agreement was signed by placing agents and

seals.



For



The Czechoslovak Socialist Republic:



Bohuslav Chňoupek v.r.



For



The Polish people's Republic:



Marian Orzechowski v.r.



*) Publishes an English translation here.