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.
