The Treaty Between The Czechoslovak Socialist Republic On Legal Aid And Fr

Original Language Title: o Smlouvě mezi ČSSR a FR o právní pomoci

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=36675&nr=83~2F1985~20Sb.&ft=txt

83/1985 Coll.



DECREE



Minister of Foreign Affairs



of 21 June 1999. August 1985



the Agreement between the Government of the Czechoslovak Socialist Republic and the Government

The Republic of France on legal aid, recognition and enforcement of judgments in

civil, family and commercial



Day 10. May 1984, a contract was signed in Paris between the Government

The Czechoslovak Socialist Republic and the Government of the French Republic on

legal aid, recognition and enforcement of judgments in civil matters,

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.



Treaty has entered into force, pursuant to article 24 on January 1.

July 1985. That date were allowed to lapse the Convention between Czechoslovakia

and France on legal protection and legal assistance in civil and

trade of 7. in May 1928, the renowned No. 60/1931 Sb.



The Czech version of the Treaty shall be designated at the same time.



Minister:



Ing. Chňoupek v.r.



CONTRACT



between the Government of the Czechoslovak Socialist Republic and the Government of the French

Republic on legal aid, recognition and enforcement of decisions in matters of

civil, family and commercial



The Government of the Czechoslovak Socialist Republic and the Government of the French

Republic,



Desiring to deepen the friendly relations and cooperation between the two

States and their citizens in accordance with the final act of the Conference on

Security and cooperation in Europe



and considering the development of mutual relations in the field of law,



They agreed on the following provisions:



PART I



General provisions



Article 1



(1) citizens of one State to exercise and protect their rights and interests

freely and directly act on the territory of the other State prior to the judicial authorities of the

under the same conditions as the nationals of the other State.



(2) the legal entities that are established under the laws of one State and

have their registered offices within its territory, shall enjoy the same legal protection as citizens

both States.



Article 2



(1) in the implementation of this agreement, legal aid between the two countries

provides, through their ministries of Justice.



(2) of the Charter and other documents sent to ministries of Justice

legalisation or other similar formality. In case of doubt

about the authenticity of the document shall contact the Ministry of Justice of the requested

State to the Ministry of Justice of the requesting State with a request for

information for the purpose of verifying the authenticity of this document.



Article 3



(1) the Ministry of Justice can due to legal aid to send

requests for information or inquiries under the procedure in civil matters,

family and commercial, which takes place before the judicial authorities and

send for a free judicial decision. Legal aid also applies to

administrative proceedings, if the decision of the administrative authority to examine

by the Court.



(2) in proceedings relating to the protection of minors will be the Ministry of

Justice inform each other about protective measures issued by the

the competent authorities and shall provide each other with assistance in search and

voluntary repatriation of minors.



Article 4



The Ministry of Justice of both States reciprocally on request

provide information on the laws that apply, or apply to

the territory of their States.



PART II



Provisions facilitating the implementation of the Convention on civil procedure concluded in

The Hague on 1. March 1954 and the Convention on the taking of evidence abroad in matters

Civil and commercial, concluded in the Hague on 18. March 1970



Article 5



(1) citizens of one State in the other State shall enjoy the benefits of full or

partial legal aid on the same conditions and to the same extent as

own citizens irrespective of the place of residence or place of residence.



(2) a party that enjoys the benefit of legal aid, will be without a new

review granted benefits to the extent that the laws of the requested

the State also for proceedings for recognition and enforcement of judgments, as well as for

own performance in the requested State.



Article 6



(1) the Ministry of Justice shall transmit the request to each of its

citizens for legal aid and informed of the processing of these requests.



(2) the documents accompanying the application for legal aid may be drafted in

the language of the requesting party.



(3) the communication relating to the processing of applications for legal aid,

be drawn up in the language of the Ministry of Justice.



Article 7



(1) a certificate stating nemajetnost will be exposed by the competent

According to the authorities of the place of habitual residence, which is on the territory of one

or from both States. An applicant who resides in the territory of a third State,

This confirmation shall issue to the territorially competent diplomatic or consular authority.



(2) if the applicant has a residence in the territory of the State where the application is submitted, can

be requested additional information from the competent authority of the State of which he is

citizen.



(3) if the applicant does not reside on the territory of the State where the application is made, may be

at the request of the authorities of that State to listen to the competent authorities of the State where the

the period of stay.



Article 8



The citizens of one of the States appearing before the courts of the other State as a

Parties to the proceedings, you cannot save the lodging of a security for costs of the proceedings, or

other warranties because they are foreign nationals.



Article 9



(1) the request for notification and the notification of documents in civil matters,

family and business received from one State to be sent

through the ministries of Justice. Legal aid also applies

on the administrative proceedings, if the decision of the administrative authority

review by the Court.



(2) the certificate, certificates and proof of service or non-

documents are returned the same way.



(3) in cases where they cannot perform the service of documents, the competent authority

shall communicate the reason for which the request for service cannot be upheld.



Article 10



(1) the service of documents is carried out according to the legal system of the requested

State.



(2) each State has the option to deliver documents directly and without the use of

law enforcement resources to its own citizens through their

diplomatic or consular office.



Article 11



(1) the request for service of documents or notification shall be sent to the

bilingual forms, a specimen of which is annexed to this agreement.

Forms shall be completed in the language of the requesting State.



(2) as proof of delivery of documents is also used bilingual

form, a specimen of which is annexed to this agreement. Forms shall be completed in the

the language of the requested State.



Article 12



(1) documents which are to be delivered or communicated, shall be drawn up in

the language of the requesting State.



(2) However, if so requested by the addressee of the documents will be translated into

the language of the requested authority. In this case, the expenses related to the translation of the

shall be borne by the requested State.



Article 13



When the taking of evidence in civil, family and commercial matters is

follow the Convention on the taking of evidence abroad in civil matters

and trade concluded in the Hague on 18. March 1970. Legal aid is

also apply to the administrative proceedings, if the decision of the administrative

authority to review by the Court.



Article 14



Request for the provision of law shall be drawn up in the language of the requested

authority or are fitted with a translation into that language. The request must be

address "locally relevant" authority of the requested State.



Article 15



(1) the performance of the request does not give right to the payment of fees or expenses

of any kind.



(2) the requested State shall, however, is entitled to request from the requesting State

to pay the cost of the expert opinion.



Article 16



The requested authority shall endeavour to deal with the request, even if the address of the recipient

the document or the person to be interviewed, is incomplete or

inaccurate. To this end it may request from the requesting State

additional information to identify and locate the person.



PART III



The sending of civil status documents relating



Article 17



(1) the two Contracting Parties will request and free of charge to send free listings

of the instruments relating to the status of their citizens. Death certificates are

shall be sent without delay. Other papers always collectively once every six

months.



(2) the Contracting Parties shall be sent free of charge to the instruments of civil status

or extracts from them, as well as the judicial decisions in matters of personal status,

released on their territory and on the citizens of the requesting contracting party,

If requested by the other party for official use or in

the interests of the poor people.



(3) if the application is submitted by citizens of one or the other State, the Contracting

the parties will send documents, extracts or court decision

civil status, issued on their territory, under the same conditions as

its own citizens.



(4) the citizens of one State may, with their applications directly to the

the competent authorities of the other State.



(5) the following documents are to be sent through the pull of the diplomatic

or consular office.



(6) the release of documents on civil status or extract them does not affect the

assessment of the nationality of the applicant.



PART IV



The probative power of deeds and exemption from legalisation



Article 18



(1) of the Charter, which under the law of one State have the character

authentic documents have the same evidentiary power as well as on the territory of the other State.




(2) of the Charter, which have been issued by the competent authorities of a State, as well as

even a private document authenticated by those authorities, if they are accompanied by signing

and the official seal of the authority which is competent to issue a

the territory of the other State without verification, and other similar formalities.



(3) in the case of doubt as to the authenticity of the Charter, any citizen or

one of the States the authority to request the Ministry of Justice of the second State

the information needed to verify the authenticity of this Charter.



PART V



Recognition and enforcement of judgments and authentic instruments



Article 19



(1) the provisions of this section shall apply to the recognition and enforcement of judgments

issued by the judicial authorities of both States in matters of civil, family and

commercial. These provisions shall also apply to the administrative proceedings, if the

decision of the administrative authority to review by the Court.



(2) the following provisions shall also apply to decisions in matters of

criminal, when they decided on damages and the return of the

asset.



Article 20



In the case of contentious and non-contentious issued by judicial authorities on the

the territory of one of the two Contracting States shall be recognised as valid and

they have the character of the case has been finally decided on the territory of the other State.



The decision for this purpose must meet the following conditions:



and) the decision was made by the Court of law

governing jurisdiction of the courts in the State where the judgment was given;



(b) the decision was made by) the law applicable to the dispute on the basis of

conflict of laws in force in the State where it is to be enforced;



(c)) the decision is according to the law of the State where it was given in matters

civil status or capacity of persons, enforceable and

other cases final;



d) participants were duly summoned, or represented declared that

did;



e) decision does not contain anything that would be contrary to the public policy of the

in a State where it is to be enforced;



f) proceedings between the same parties for the same cause of action based on the same

facts:



-has not previously initiated before the courts of the requested State, or



-was not subject of a final judgment in the requested State, or



-It was not the subject of a decision given in another State, that in the requested

the State meets the conditions for recognition of a decision and has the character of a final

decided things.



Article 21



Proceedings for recognition or enforcement of judgments, as well as the conditions for the enforcement of

governed by the law of the requested State.



Article 22



(1) a participant in a proceeding who applies for enforcement of a decision shall

submit:



and a copy of the decision) that meets the necessary requirements as regards

its authenticity;



(b) proof of delivery) the original decision or any other document

the replacement delivery or notification;



c) certificate issued by the competent authority, from which it follows that

the decision is enforceable or final;



(d) where appropriate, a copy of the summons) party proceeding,

certified by the competent judicial authority, which issued the decision, and all

other evidence for proof, that the summons has been served properly and in a timely manner.



(2) the documents referred to in the preceding paragraph shall be accompanied by a certified

translation of the document drawn up by a qualified interpreter or other person to do so

authorized.



Article 23



(1) an authentic instrument, in particular notarial acts and public documents,

enforceable in one State are declared by the competent authorities of the other

State enforceable under the law of the State where their performance is required.

The same applies to settlements concluded before or approved by the judge, or

concluded before any other competent authority or the approved body.



(2) the authority verifies only that meet all the requirements of the Charter,

which are necessary for the recognition of their authenticity in the requested State, and whether

their performance will not be contrary to public policy in the State where it is

the performance required, or whether it will be in conflict with the legal order in force in

This state.



PART VI



Final provisions



Article 24



Each Contracting Party shall notify the other party fulfil all

the constitutional requirements for the entry into force of this agreement. This agreement

shall enter into force on the first day of the second month after the last written

the notification.



Article 25



This agreement is concluded for an unlimited period. Each of the Contracting Parties

It may, however, terminate by written notification addressed through diplomatic channels

the other party at least six months in advance.



Article 26



The date on which this agreement enters into force, the Convention shall cease to be valid

between Czechoslovakia and France on legal protection and legal assistance in

Civil and commercial matters of 7 October. in May 1928.



Done at Paris on 10. May 1984 in two copies in the Czech language

and French, both texts being equally authentic.



For the Government of



The Czechoslovak Socialist Republic:



Ing. Bohuslav Chňoupek v.r.



For the Government of



The French Republic:



Claude Cheysson v.r.



XIII.



REQUEST FOR SERVICE

Agreement between the Government of the Czechoslovak Socialist Republic

and the Government of the Republic of France on legal aid, recognition and enforcement of

decisions in matters of civil, family and commercial



In the day



1. the applicant authority

The Ministry of Justice

The address of the



2. The requested authority shall

The Ministry of Justice

The address of the



3. No applicant authority:

...............................



4. Subject: Delivery of judicial or extrajudicial documents before the Court in matters of

civil, family and commercial (file attached)



5. the recipient



A. last name (in block letters) and the name of the

(B) additional information. If necessary, allowing the detection of

the identity of the recipient

C. Address



(1) No. Street-square-etc.

(2) the city-a place

(3) District

(4) a postal code



6. the required delivery



A. delivery

(B). According to the special forms (translation of documents and proof of

costs are included)



..................................................................



The requested authority shall provide the requesting authority to return or CONFIRMATION

listed on the reverse of



signature and/or stamp



WS requests



CONFIRMATION (*)



The undersigned authority has the honour to acknowledge



7. The request was processed

A. Dne (datum).................................................

In (place, street number).....................................



(B) the following form:

(1) delivery

(2) according to the specific form of notification (or incurred

výloh)................................................



(C). the documents mentioned in the request were transmitted to the person:

-the identity and position of the

-relationship to the recipient of the document (a relative of the child or

the other)



8. That request was not processed for the following reasons:



9. any attachments



A. documents confirming the reasons spěšnosti



B. in the case of pending documents returned by request



10. The requested authority shall

-further indications of this authority



V.................. dne...........

Signature and/or stamp



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*) This acknowledgment will be drafted in the language of the certifying authority.