9/1963.
DECREE
Minister of Foreign Affairs
of 11 December 1997. January 1963
the Treaty between the Czechoslovak Socialist Republic and the Austrian
Republic on mutual legal transactions in civil,
the schedules and the legal information with the final Protocol
Day 10. November 1961 in Prague was negotiated a contract between
The Czechoslovak Socialist Republic and the Republic of Austria on the
the mutual legal transactions in civil, on the schedules and
legal information with the final Protocol.
With the Treaty, the National Assembly expressed its agreement on 5 December. July 1962
and it was ratified by the President of the Republic on 1 May 2004. October 1962. Instrument of ratification
the instruments were exchanged in Vienna on 31 May 2006. October 1962.
According to article 30 of the Agreement with the final Protocol became effective
on 30 April 2005. December 1962.
The Czech version of the Treaty and the final Protocol, shall be published at the same time.
First Deputy Minister of:
Dr. Gregor v. r.
CONTRACT
between the Czechoslovak Socialist Republic and the Republic of Austria on the
the mutual legal transactions in civil, on the schedules and
legal information
The President of the Czechoslovak Socialist Republic and the Federal president
The Republic of Austria have agreed to conclude an agreement on mutual legal transactions
in matters of civil, on the schedules and the legal information and to
this purpose, the name of its designee:
The President of the Czechoslovak Socialist Republic
Václav David,
Minister of Foreign Affairs,
The Federal president of the Republic of Austria
Dr. Heinrich Calice,
Envoy Extraordinary and Minister Plenipotentiary,
who vyměnivše your power of Attorney, and shledavše is in good and due
the form hereby agree as follows:
Part I
Legal protection, delivery and legal aid in civil matters
The legal protection of
Article 1
(1) citizens of a Contracting State in the territory of the other Contracting
the State of free access to the courts and can act before them under the same
conditions as to its own citizens.
(2) the provisions of this Treaty on the citizens of one of the Contracting States,
also apply to legal persons, including companies, which
have been established under the law of one of the Contracting States and have
registered office in its territory.
The costs of proceedings
Article 2
(1) the citizens of one of the Contracting States, who act before the courts
other Contracting State as the applicants (appellants) or intervenienti,
and have their domicile, residence or registered office in one of the Contracting States,
Unable to save the composition of the defence of the security for costs of the proceedings on the grounds
they are foreigners or that they do not have in the other Contracting State of residence, residence
or head office.
(2) if required under the law of one of the Contracting States
deposit for payment of court fees, the provisions of paragraph 1.
(3) if required under the law of one of the Contracting States
payment of the court fee for management when submitting a claim (application), you must
be granted to citizens of the other Contracting State for the payment of such
charge at least 1 month.
(4) the citizens of the other Contracting State may be saved for a deposit
the cost, which has only one party to bear under the same conditions and of the
the same extent as its own citizens.
Article 3
(1) Final and enforceable decision issued in one of the two
of the States parties, which have been saved to the plaintiff (petitioner) or
intervenientu exempt pursuant to article 2 or under the law of
valid in the State where the application was lodged, by the claim of a security or
deposit, payment of the costs or legal fees, are
on the proposal for enforceable in the territory of the other Contracting State. The proposal may be
filed directly in court, which is competent to decide on it, or
the Court that decided the matter in the first stool.
(2) the provisions of paragraph 1 shall also apply to decisions which will be above
the costs or legal fees additionally.
(3) the applicant must předložiti:
copy of the operative part of the decision), bearing the endorsement of legal power and
of enforceability;
(b)), its translation into the language of the Court, which is competent to decide on the
the proposal;
c) in the case of the petition with the Court that ruled in the first stool, also
its translation into the language of the Court which is competent to decide on the
the proposal.
For translation, article 17 paragraph 3. If the motion is filed with the Court,
that decided in the first stool, will be sent in the same way as
the request for legal aid.
(4) the decision of the courts of the other State referred to in paragraph 1 shall be carried out
as a domestic decision, saying that the decision on the application for enforcement
is subject to appeal.
(5) the costs referred to in paragraph 1 also includes the cost for the issue of
the clauses concerning the legal force and enforcement, as well as the required translations
and validation. These costs shall be determined on a proposal from the Court, which decides on
performance.
Benefits provided with regard to the matrimonial property regime (the right of the poor)
Article 4
(1) citizens of one of the Contracting States shall enjoy in the courts of the second
benefits provided by the State party with regard to the matrimonial property regime
(the right of the poor) under the same conditions and to the same extent as their own
citizens.
(2) the benefits referred to in paragraph 1, that belong to the participant in the judicial
proceedings in a Contracting State, shall also apply to all the procedural
tasks that are performed in the same case in the other Contracting State. These
the benefits also apply to the enforcement of the recovery of costs (article
3) if applies to this enforcement proceedings under the law of the State in which the
the execution should be carried out.
Article 5
(1) confirmation to the achievement of the benefits referred to in article 4, paragraph 1, shall be
issued by the competent authorities of the Contracting State in whose territory the
the applicant, his domicile or registered place of residence.
(2) if the applicant is not domiciled or resident in the territory of any of the
of the Contracting States, may expose this confirmation by the competent diplomatic
or consular representative office of the State of which the applicant is a citizen.
This provision shall not preclude the provision of the benefits referred to in article 4,
paragraph 1 on the basis of a certificate issued by the authority of the State where it has
the claimant's domicile or residence.
Article 6
The Court, which decides on the proposal to allow the benefits referred to in article 4,
paragraph 1 shall be entitled, within the limits of his official permission to examine the
submitted by confirmation.
Article 7
(1) If a citizen of one of the resident of both Contracting States, the stay
or head office in one of these States to use before a Court of the other Contracting
State the benefits referred to in article 4, paragraph 1, it may submit a proposal to
the granting of these benefits to the log at the District Court of the
his domicile, residence or registered office.
(2) this proposal connects the confirmation referred to in article 5 and, where appropriate,
account of the merits of the case.
(3) the proposal with the papers will be sent in the manner specified in article 9.
(4) the proposal will be discussed, regardless of that it is not drawn up in the language of
the Court, which shall decide on it. Translations, which will, where appropriate,
required, shall affix the authorities of the State of which the Court decides the matter.
(5) the Court with jurisdiction for the decision on the application shall identify the applicant in the case
the benefits shall permit ex officio representative.
Common provisions on the service and legal aid
Article 8
(1) the Contracting States undertake that their courts are on each other's
request to provide legal assistance and carry out the service in matters of
civil, as well as in matters of family law.
(2) the courts provide legal assistance and carry out the service in matters of
referred to in paragraph 1, also at the request of government departments, if they are to
these things relevant. Provisions on service and on legal assistance, which
at the request of the courts shall apply, mutatis mutandis, to the request referred to
administrative offices.
Article 9
The courts of both Contracting States, the melting pot when delivering and
the provision of legal aid through their ministries
Justice, if it is not provided for in this agreement otherwise.
Article 10
The courts can be taken when you request a delivery receipt or provision of legal
help one's own language. The request must be, however an official seal;
do not require any authentication.
Article 11
The request contains the following data:
and) indication of the things that the request relates;
(b)) first and last name of the participants, occupation, residence or stay, for
name and registered office for legal persons;
(c)) the names, forenames and addresses of their representatives, if they were established;
(d) the necessary information about the subject matter) request, when the request for service, in particular,
address of the recipient and the designation of the document that is to be delivered,
the request for legal assistance in particular circumstances that should be taken
evidence, where appropriate, the questions to be asked to the persons for whose
hearing is requested.
Article 12
Execution of the request including the tongue, which it uses, the
managed by the legislation of the Contracting State of which the Court is dožádán.
This Court, however, it is explicitly marked with the legislation of the other Contracting
the State of the proceedings, if so requested and if the use of these
legislation is not contrary to the principles of the law of the State whose court was
dožádán.
Article 13
(1) if the address of the person to be heard or to be
delivered the document is listed incorrectly or imprecisely, finds the requested
the Court, if possible, correct address.
(2) if the execution of the request, the requested competent court shall forward the
request to the competent court, if the Court is in the same State. The requested
the Court shall inform the requesting court directly by mail.
(3) the requested court shall notify the requesting court in a timely manner on request
directly by mail instead of by registered letter and the time at which the request for legal
assistance.
Article 14
In cases where the request is not able to be dealt with, the writings
returned, and the reasons for that request could not be made or
for that his discharge was refused.
Article 15
(1) between the Contracting States do not cover all the costs arising from
execution of the request, except for the remuneration to be paid to the experts.
(2) the amount of the costs which is not reimbursable under paragraph 1, it is necessary to communicate
to the requesting court, of what the cost is.
(3) the implementation of the expert evidence may be made dependent on the composition of the
for the requested court only if the insurance has to pay
the participant whose residence or registered place of residence is in the State whose court was
dožádán.
Article 16
Execution of the request may be refused only if, in the opinion of
the State of which the Court was dožádán, is contrary to the public's request, pending
all right.
Special provisions on service
Article 17
(1) the requested court shall deliver the documents in accordance with its legislation,
If they are drawn up in his language or if it is accompanied by a translation
in his language; Article 12 is not affected.
(2) in other cases, which are not listed in paragraph 1, shall
the document only if the recipient is on a voluntary basis.
(3) the Translation referred to in paragraph 1 shall be either officially or
his accuracy is confirmed by the interpreter, who was officially appointed in
one of the two Contracting States; the signature of an interpreter does not need to be validated.
Article 18
Delivery will be confirmed by either the doručným sheet, which was sent to
the requesting court or that joined the requested court or by
written by that Court. Doručný sheet and Protocol will bear the signature of the
evidencing the authority of, the seal and signature of the person who served
took over, or a note about another method of delivery; of delivery charges
sheet and must be perceptible log indicate to be served,
its reference number, the requesting court, method and date of service.
Special provisions on legal aid
Article 19
If a hearing is requested, the litigation is not the requested court shall
use of coercive means to ensure that this participant to court
arrived.
Privileges of diplomatic and consular missions
Article 20
The provisions of this Agreement shall not affect the privileges of diplomatic and
consular representative offices of both Contracting States stýkati with
the citizens of their State, also in matters covered by this Treaty, if
This is not a person with dual nationality; in doing so, however, may not be
threatened with law enforcement agents or they may not be used.
Part II
The provisions of the schedules of the
Article 21
(1) a public document issued by a judicial or administrative authority of one of the
Contracting States with official signature and official stamp shall enjoy
also before the courts and administrative authorities of the other Contracting State evidentiary power
public documents. This is also true for other domestic instruments that have
under the legislation of the Contracting State in which they were issued, the evidentiary
the power of public documents.
(2) the probative power also has a verification clause, which the Court, administrative
Office or Austrian notary public of the authenticity of the signature on the private
the Charter.
Article 22
The instruments referred to in article 21, paragraph 1, as well as endorsements attesting to the
the authenticity of the signature, which are accompanied by the official signature and official
the stamp of a court, administrative agency, or of the person who issued the Charter,
may not be for use before the courts or administrative authorities of the other
Contracting State further verified.
Article 23
(1) the two Contracting States shall send to the registry the documents free of charge
relating to births, marriages and deaths of citizens of the second
Contracting State, if the entries were made after the date of entry into force of this
Of the Treaty.
(2) If, after the effective date of this agreement was made
additional registration in the Registry Office of the birth, marriage or death, will be in the
the meaning of paragraph 1 for a complete listing of the original and sent an additional registration.
(3) death certificates shall be sent immediately, other sheets together once in a
a quarter of a year.
Article 24
At the request of the Office of a Contracting State shall prepare and send to the competent authority
of the other Contracting State for official use, as well as listings for free
official copies of the registry office, or a copy of the decision on
the personal status. The request must be sufficiently justified by the public
interested in.
Article 25
Sending of documents pursuant to article 23, as well as the applications referred to in article 24 and
the settlement goes on diplomatic or consular channels. translations
There is no need to connect to.
Article 26
In the ratio between the Contracting States do not need confirmation required
the legislation of one of the States parties on the jurisdiction of the authority,
that issued the certificate of competence for the conclusion of marriage.
III. section
Information about the legal system
Article 27
Ministry of Justice of the Czechoslovak Socialist Republic and the
Federal Ministry of Justice of the Republic of the
each other, on request, provide information about the legislation, which
apply or apply in their State.
IV. section
Common and final provisions
Article 28
The provisions of the I and II. part of this agreement, relating to the courts,
also apply to the Czechoslovak State notary as regards the things that
they belong in the competence of the courts of the Republic of Austria.
Article 29
This agreement shall be ratified; the instruments of ratification as soon as possible
replaced in Vienna.
Article 30
(1) this Treaty shall enter into force 60 days after the exchange of instruments of ratification
of documents.
(2) the contract is concluded for a period of 5 years and shall, if one of the
of the Contracting States notifies the other Contracting Government 6 months ago
the end of these five years, the Contract says.
(3) if the Contract is terminated pursuant to paragraph 2, shall apply also to the
an indefinite period, unless one of the Contracting States notifies the other
Contracting State that the contract speaks volumes; in this case the Treaty
Yet one year after termination.
On the evidence of the agent of both Contracting States have signed this agreement and
obtain it seals.
Done at Prague on 10. November 1961 in two original copies,
every in Czech and German, both texts being equally
force.
For the Czechoslovak Socialist Republic:
David v. r.
For the Republic of Austria:
Calice in r.
XIII.
FINAL PROTOCOL
At the signing today of the contracts between the Czechoslovak Socialist
Republic and the Republic of Austria on mutual legal transactions in matters
civil, on the schedules and the legal information has been achieved
the agreement on the following points:
1. in the Czechoslovak Socialist Republic are responsible for public
the documents also registry extracts from the registers of the ecclesiastical authorities, drawn up before
1 January 1950. Ministry of Foreign Affairs of Czechoslovakia
the Socialist Republic shall send to the Federal Ministry of Foreign Affairs
The Republic of Austria for a list of eligible churches and religious
companies within three months from the date of entry into force of this agreement.
In the Republic of Austria are public documents also responsible papers,
that have been issued by the competent ecclesiastical authorities by law recognised churches
and religious organisations, and this marriage certificates about marriage, which
before them was closed before the 1. in August 1938, as well as birth certificates
(certificate of birth) and death certificates in respect of birth and death, which
It was registered before 1 January 2002. in January 1939. The Federal Ministry of foreign
Affairs of the Republic of Austria shall send the Ministry of Foreign Affairs
Czechoslovak Socialist Republic, the list of these churches and
religious communities within three months from the date of entry into force of this
Of the Treaty.
2. the provisions of article 22 shall also apply to documents issued by the Austrian
holders of a social insurance scheme, which under Austrian law are not
public documents.
3. Until such time as effective Convention on social security between the
the two Contracting States, subject to the provisions of this agreement, mutatis mutandis, also
on arbitration tribunals of social insurance in the Republic of Austria. The Austrian
courts will perform the service, and to provide legal assistance on the basis of
request of the Czechoslovak courts under this agreement in matters of social
Security.
4. the entry into force of this Agreement shall not prejudice adjustment of things
Civil and Criminal Affairs, which are not covered by this agreement
(the inheritance case, guardianship, trusteeship and things as well as criminal;
Notice No 12 in the journal of the Czechoslovak Ministry of Justice of the
in 1948, and the same Notice in the Official Gazette of the Austrian judicial administration of
in 1948, p. 7).
On the evidence of this final Protocol was signed by agents that make up the
part of the contract.
Done at Prague on 10. November 1961 in two original copies,
every in Czech and German, both texts being equally
force.
For the Czechoslovak Socialist Republic:
David v. r.
For the Republic of Austria:
Calice in r.
