The Treaty Between The Czechoslovak Socialist Republic And The Belgian King. On Legal Aid

Original Language Title: o Smlouvě mezi ČSSR a Belgickým král. o právní pomoci

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=37102&nr=59~2F1986~20Sb.&ft=txt

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.