The Treaty Between The Czechoslovak Socialist Republic And Austria On Vzáj. Legal Transactions

Original Language Title: o Smlouvě mezi ČSSR a Rakouskem o vzáj. právním styku

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=30303&nr=9~2F1963~20Sb.&ft=txt

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.