59/1986 Coll.
Decree
Minister of Foreign Affairs
of 8 March. September 1986
the Treaty between the Czechoslovak Socialist Republic and the Belgian
Kingdom on legal assistance in civil, family and
business
On 15 December. October 1984 in Prague was signed the Treaty between the Czechoslovak
Socialist Republic of Romania and the Kingdom of Belgium on legal assistance in
civil, family, and business.
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 Brussels
3 December 2004. July 1986.
Treaty has entered into force, pursuant to article 17 paragraph 1. 2 on 1 January 2000.
September 1986. That date were allowed to lapse, the agreement between the Republic of
Kingdom of Czechoslovak and Belgian on mutual legal assistance in
Civil and commercial matters dated March 19. July 1927, famous for no.
78/1928 Sb.
The Czech version of the Treaty shall be designated at the same time.
Minister:
Ing. Now in r.
Treaty between the Czechoslovak Socialist Republic and the Belgian
Kingdom on legal assistance in civil, family and
business
The President of the Czechoslovak Socialist Republic and his Majesty the
Belgian King led efforts to further develop the friendly relations and cooperation
between the two States in accordance with the final act of the Conference on security
and cooperation in Europe, and guided by the desire to edit by mutual agreement, the legal
assistance in the area of civil law, family and business and to facilitate the
between the two States of implementation of certain provisions of the Hague Convention on the
civil proceedings of 1. March 1954
have decided to conclude this agreement and to this end have designated their
agents:
The President of the Czechoslovak Socialist Republic, Bohuslav Chnoupek,
Minister of Foreign Affairs, his Majesty the King, Leo
Tindemans, Minister of Foreign Affairs,
who, having exchanged their full powers, found in good and due
the form, have agreed as follows:
Chapter I
Article 1
General provisions
(1) each of the two States guarantees citizens on its territory of the second Member State
legal protection of their personal and property rights and interests under the same
conditions as to its citizens.
(2) citizens of one State to exercise and protect their rights and interests
freely and directly to appear before the judicial authorities of the second Member State for
the same conditions as the nationals of the other State.
(3) the provisions of this agreement valid for citizens of one of the two States,
apply equally to legal persons which have their registered office on the territory of that
State.
Provisions facilitating the implementation of the Convention on civil procedure agreed in
The Hague, 1. March 1954
Chapter II
The service of judicial and extrajudicial documents
Article 2
(1) judicial and extrajudicial documents in civil, family and
business to persons residing in the territory of one of the two
States, are sent to the Ministry of Justice of the requesting State
the Ministry of Justice of the requested State.
(2) proof of service or notification of documents are returned directly
the Ministry of Justice of the requesting State.
(3) the provisions of the preceding paragraphs shall not preclude the application of article 6, paragraph 1
points 1 and 2 of the Convention on civil procedure concluded at the Hague on 1. March 1954
(hereinafter referred to as "the Hague Convention").
Article 3
The application includes basic information about the document, in particular: the requesting authority,
designation of participants, the address of the recipient, the nature of the document, or
date and place of the summons, the period referred to in the documents, the designation of the Court of
the authority that issued the decision, as well as all other necessary details.
Article 4
(1), the requested authority shall ensure that the service of documents under the conditions prevailing in the
these matters in the requested State. If there is a document drawn up in the language of
of the requested State, or if it is not accompanied by a certified translation, the requested authority shall
It passes to the beneficiary only if it is willing to voluntarily accept.
(2) the two States shall not require the payment of expenses expenses incurred by participating
ministerial officials, or by using special forms of the anticipated article
3 of the Hague Convention.
Request
Article 5
(1) the letters rogatory in civil, family and commercial are
shall be transmitted through the ministries of Justice of both States.
(2) the request shall be accompanied by a translation into the language or one of the
languages requested authorities, authenticated either diplomatic or consular
the worker or a sworn translator.
Article 6
The requested authority will try to comply with the request, even if it is to address
the recipient of the document, or a person whose hearing is requested, inaccurate or
incomplete, for this purpose, it may ask the requesting State to provide
additional information that would permit the identification of the person in question.
Article 7
Both States will not claim the costs of each request with
excluding costs related to expert opinion.
Security for the costs of the dispute
Article 8
The citizens of one of the Contracting Parties, who are applicants or intervenienty
before the judicial authorities of the other Contracting Party, shall be exempt from
the obligation to lodge a security for the claim under the terms of article 17 of the
The Hague Convention.
Article 9
Application for authorisation of the enforcement of court decisions on costs and
procedural shop Windows in accordance with articles 18 and 19 of the Hague Convention can be
sent to the interested party directly to the competent judicial authority.
Article 10
For the fulfilment of the conditions laid down in article 19, paragraph 2, point (2), and
paragraph 3 of the Hague Convention, the decision shall be accompanied by proof of
which it can be seen that the party against whom the proposal is directed, it was
delivered. The decision of the Belgian judicial authorities must be, inter alia,
accompanied by confirmation that have been filed against the decision the proper appeal
even messy, complaint, or that the sound or messy, complaint
cannot be made. To decision of the Czechoslovak judicial authorities
among other things, must be accompanied by a certificate that they are in the final.
Free legal aid
Article 11
Application for free legal aid in accordance with article 23 of the Hague Convention can
be passed directly to the ministries of Justice of both States.
Article 12
Documents relating to the application for free legal aid may be made in
the language of the requesting authority, and the cost of the translation will not be
replaced by.
Chapter III
Article 13
Exemption from authentication
Document issued by the judicial authorities of one of the two States, bearing the imprint of
their stamp, as well as of the Charter, which these authorities shall verify the date
and the authenticity of the signature, or copies thereof, are in use in the territory of the other State
exempted from the next authentication.
Chapter IV
Article 14
Sending of documents of civil status
The competent authorities of one of the two States shall be sent free of charge on request
the competent authorities of the second Member State instruments of civil status and extracts
them, as well as the decisions in these matters, if the document
apply to citizens of the other State, and if they are required for official use,
that will be explicitly mentioned. These documents are exempted from the
any authentication.
Chapter V
Article 15
The exchange of information
(1) the Ministry of Justice shall communicate to each other's, and at the request of
information on the law and judicial practice, as well as other legal information.
(2) the Minister of Justice shall, upon application,
mutual assistance in the identification of addresses of persons on their
territory where it will be necessary to facilitate the implementation of this agreement.
Chapter VI
Article 16
Common provisions
The Ministry of Justice when you use your own intercourse
language and, if appropriate, accompanied the French language translation. For
the implementation of this agreement, the term "Ministry of Justice"
means:
and for the Czechoslovak Socialist Republic):
-the Ministry of Justice of the Czech Socialist Republic
-the Ministry of Justice of the Slovak Socialist Republic,
(b)) for the Kingdom of Belgium:
-the Ministry of Justice of the Kingdom.
Chapter VII
Article 17
Final provisions
(1) this Treaty shall be ratified. The exchange of instruments of ratification will be
done in Brussels, in the shortest possible time.
(2) this Treaty shall enter into force on the first day of the second month
following the exchange of instruments of ratification.
(3) this agreement is concluded for an unlimited period of time. Each of the two States
may terminate the contract by notice through diplomatic channels. Denunciation shall take
effective one year after its submission.
(4) the date of entry into force of this Treaty, shall terminate the agreement between the
the Republic of Czechoslovakia and the Kingdom of the Belgian on mutual legal
assistance in civil and commercial matters dated March 19. July 1927.
The evidence that agents of the two parties have signed this agreement and join the
his seal.
Done at Prague on 15. October 1984 in two original copies, each in the
Czech, English, French and Dutch, while all three texts
have the same force.
For the Czechoslovak Socialist Republic:
Ing. Bohuslav Chňoupek in r.
For the Kingdom of Belgium:
Leo Tindemans in r.