63/1990 Coll.
The COMMUNICATION FROM the
the Federal Ministry of Foreign Affairs
The Federal Ministry of Foreign Affairs says that the 28 June. March
1989 in Bratislava was signed the Treaty between the Czechoslovak
Socialist Republic and the Hungarian people's Republic on legal
assistance and editing of legal relations in civil, family and
criminal.
With the Treaty expressed their consent the Federal Assembly of the Czechoslovak
the President of the Czechoslovak Socialist Republic and the Socialist
Republic has ratified it. The instruments of ratification were exchanged in Budapest
day 13. January 1990.
The Treaty will enter into force on the basis of article 93 on 12 March 2005. February
1990. this day of the expiry of the Treaty between the Czechoslovak
Socialist Republic and the Hungarian people's Republic on the adjustment of
legal relations in civil, family and criminal from the 2.
November 1961, proclaimed No 91/1962 Coll.
The Slovak version of the Treaty shall be designated at the same time. ^*)
CONTRACT
between the Czechoslovak Socialist Republic and the Hungarian people's
people's Republic on legal assistance and legal relations in the adjustment
civil, family and criminal matters
The President of the Czechoslovak Socialist Republic and the Council of Prezidiální
Hungarian people's Republic led by a desire to consolidate the most versatile
to develop friendly relations and cooperation between the two States and their peoples
in accordance with the Treaty on friendship, cooperation and mutual assistance between the
The Czechoslovak Socialist Republic and the Hungarian people's
Republic of 14 June. in June 1968, in an effort to deepen and improve
the provision of legal assistance and legal relations between judicial and other authorities of the
law enforcement agencies in legal matters and the protection of the rights and interests of State citizens
have decided to conclude this agreement and to this end the name of your
Plenipotentiaries:
The President of the Czechoslovak Socialist Republic akademika Milan Cat,
the Minister of Justice of the Slovak Socialist Republic,
Prezidiální Council of the Hungarian people's Republic akademika Kálmán Kulcsára,
the Minister of Justice,
who having exchanged their full powers, found in good and due
the form, have agreed as follows:
PART THE FIRST
General provisions
Article 1
The legal protection of
(1) nationals of a Contracting Party shall enjoy in the territory of the other Contracting
Parties to the same legal protection of personal and property matters as
nationals of the other party.
(2) the nationals of one Contracting Party shall have the right freely and
without barriers to the authorities of the other party engaged in civil,
family and criminal matters, appear before them to make requests and
proposals and carry out other procedural acts under the same conditions as State
the citizens of the other party.
(3) the provisions of this Treaty shall apply mutatis mutandis to the legal entities.
(4) for the purposes of this agreement, civil matters means i work things
and cooperative Member relations.
Article 2
Legal aid
(1) courts, the Prosecutor's Office, the State notary public ("judicial authorities") and
other authorities responsible in civil, family and criminal matters have
provide legal assistance in these matters.
(2) in matters of work to each other, provide legal assistance only
the competent judicial authorities.
Article 3
How to contact
(1) the judicial authorities of the Contracting Parties in the implementation of this agreement
meet each other directly, if not otherwise specified in this agreement.
(2) other institutions active in civil, family and criminal matters, when
the implementation of this agreement come together through the competent judicial
authorities, unless otherwise specified in this agreement.
(3) the central authorities for the purposes of this agreement, the parties are of
The Czechoslovak Socialist Republic, the General Prosecutor's Office
The Czechoslovak Socialist Republic, the Ministry of Justice
The Czech Socialist Republic and the Slovak Ministry of Justice
the Socialist Republic; by the Hungarian people's Republic
the Ministry of Justice of the Hungarian people's Republic and the General
the Prosecutor's Office the Hungarian people's Republic.
Article 4
Use of language
(1) the authorities of the Contracting Parties in the reciprocal relations in
the implementation of this agreement, its own official language or Russian language.
(2) to facilitate legal trade, according to the options attached translations
documents in the language of the requested Contracting Party even in those cases in
where the contract is not mandatory.
Article 5
The scope of legal aid
The Contracting Parties to provide legal aid to the performance of individual operations,
in particular, the signing, sending and delivery of documents, implementation
the surveys, by turning and by factual evidence, retrieval and
the implementation of the expert reports, the hearing participants, the accused, witnesses,
experts and other persons, and the power of decision.
Article 6
The contents of the request for legal assistance
(1) the request shall contain:
and the designation of the applicant authority,)
(b) the indications requested authority)
(c)), in which case the designation is applied for legal aid,
(d)), the name and surname of participants, their place of permanent or temporary
residence, their nationality, profession and in criminal matters for
the defendants, indicted or sentenced according to the place and options
date of birth and parents ' names; in the case of legal persons, their name and address,
(e)) the names, forenames and addresses of the witnesses and the representatives of the persons referred to in point (a)
(d)),
(f) the subject of the request and information) that are necessary to respond to the request,
(g)) in criminal matters and a copy of the designation and committed a crime.
(2) the request must be accompanied by the signature of the authorised official persons and
the imprint of the official stamp of the applicant authority.
(3) the Contracting Parties may use in the provision of legal aid
two-language forms.
Article 7
The method of execution of the request
(1) when processing the request, the requested authority shall apply the laws of
his State. At the request of the applicant authority, the request will be dealt with
in the manner specified in the request, if it is not in conflict with the law
policy of the requested Contracting Party.
(2) If the requested authority is not competent, the request shall be sent
the competent authority and shall inform the requesting authority thereof.
(3) if it is not known the exact address of the person referred to in the request,
the requested authority shall take the necessary measures for its findings. If
cannot find the address, it shall inform the applicant authority and simultaneously returns
request.
(4) on the request of the applicant authority, the requested authority shall notify in a timely manner
the applicant authority and the interested parties to place and time of execution of the
request.
(5) after the execution of the request, the requested authority shall return the writings to the requesting
authority; in cases where it was not possible to comply with the request, with the
the return of the files at the same time notify the reasons which prevented his execution.
Article 8
The protection of witnesses and experts
(1) the summons of a witness or expert who resides in the territory of one
the Contracting Parties, before the judicial authority of the other party cannot
contain the threat of the use of coercive means in case of no-show
with the.
(2) a witness or expert who is on the basis of a summons arrives before
the requesting authority of the other Contracting Party, shall be without regard to its
citizenship or prosecuted under criminal regulations for
the offence to which the request relates, or any other act committed
before crossing the State borders of the requesting contracting party, and it is not
It can execute the penalty for such an offence.
(3) However, The protection of the witness or expert is lost, when it leaves the territory of the
the requesting contracting party within a week after that, when the applicant authority
announces that its presence is no longer required. In this period is not counted
the period during which the witness or expert is unable to leave the territory of the requesting
the contracting parties without his fault.
(4) the witness or expert has the right to the reimbursement of expenses for travel and subsistence,
as well as for loss of earnings and an expert on the outside, and the insurance. In the writ of summons
to outlining what refunds include the witness or expert. At his request, he
provide backup to recover the cost.
Article 9
Delivery
The requested authority shall transmit the documents in accordance with the laws of your State,
If the document to be served is written in the language of the requested Contracting
the parties or is connected to it by a certified translation into that language. Otherwise,
delivers the document to the addressee, if it is willing to take it on a voluntary basis.
Article 6 and 7 of this Treaty shall apply mutatis mutandis.
Article 10
Proof of delivery
Delivery confirmation is signed by the recipient and proves with the imprint of the
official stamp of the requested authority, the date and the signature of the authorized official
person, or a certificate issued by the requested authority, which proves
the way, place and time of delivery. If the document to be served shall be sent in the
two copies, you may accept the document and made delivery
to confirm and the second copy only.
Article 11
Delivery of own nationals
The Contracting Parties may serve documents to its own citizens and
through their diplomatic missions or consular posts.
Article 12
The cost of legal aid
(1) for the execution of the request, the requested Contracting Party will claim compensation
the cost. Each Contracting Party shall bear all the costs incurred in
providing legal assistance in its territory.
(2) the applicant authority, the requested authority shall communicate the amount of the costs incurred.
If the requesting authority under reimbursement from the person who is
required to pay it, pay the costs will remain dožádající party.
Article 13
Legal information
The central authorities of the Contracting Parties, on request, provide information about the
laws that apply, or apply in their territory, as well as
information about the legal practice of the judicial authorities and other legal
issues.
Article 14
The survey addresses and other data
(1) the judicial authorities of the Contracting Parties, on request, provide assistance in the
the survey addresses of persons staying on their territory, if it is
necessary for the exercise of the rights of the citizens of their State.
(2) if the judicial authority of one contracting party claim
to maintenance against a person who is staying in the territory of the other Contracting Party,
the judicial authority of that Contracting Party, on request, shall provide assistance even when
the findings of the employer of such a person, as well as the amount of its income.
Article 15
The validity of documents
(1) of the Charter, which it has issued or has verified the competent authority of a Contracting
the parties, and which are accompanied by's official stamp and signature
authorized official persons on the territory of the other Contracting Parties shall apply without
the next authentication. The same is true for the copies and translations of documents, which
verified by the competent authority.
(2) of the Charter, which is on the territory of one Contracting Party, be considered as
the public, they on the territory of the other Contracting Party the burden of too much public
of the instruments.
Sending of documents of civil status
Article 16
(1) the competent authorities of the Contracting Parties shall send each other's listings from
metrics relating to the registration of the citizens of the State of one Contracting Party in
does the other party. Listings will be sent immediately after the
write to registers, and it's free of charge, through the diplomatic channel. It
also applies for additional registrations, changes or corrections to the minutes.
(2) the competent authorities of one Contracting Party shall send, at the request of the authorities of the other
the Parties requested listings for official use of diplomatic free of charge
along the way.
(3) the applications of the citizens of the State of one Contracting Party by sending a statement of
the Registrar may be sent directly to the competent authority of the other Contracting Party.
The requested documents to the applicant shall be sent, through diplomatic missions
or consular post of a Contracting Party, the authority which issued the document.
The diplomatic mission or consular post of the applicant when submitting selects
the fee for a copy of the document.
Article 17
The competent authorities of the Contracting Parties shall send copies of the final
decisions concerning the personal status of the citizens of the State of the other Contracting
the parties.
Article 18
Application state of citizens of one party on the issue and sending of documents
on education, the duration of employment, including wages, or other instruments of
the personal or property rights and interests of the citizens of the State is
can be sent directly to the competent authority of the other Contracting Party. If
the authority is not competent to issue and send these documents, the application
the competent authority and inform the applicant accordingly. Requested documents
the applicant shall send to the diplomatic mission or consular
the Office of the Contracting Party, the authority which issued the document. The diplomatic mission or
consular office in the submission from the applicant selects the fee for a copy of the
the document.
Article 19
The release of things and money transfer
Where, pursuant to the provisions of this Treaty is to surrender, or
the transfer of goods, means of payment or claims, it shall
According to the law of the requested Contracting Party.
PART THE SECOND
Civil and family matters
HEAD FIRST
Obstacles to the proceedings and the decision of the case
Article 20
If it is given the power of the judicial authorities of both Contracting Parties by
This agreement and initiate proceedings in the same matter between the same parties before the
judicial authorities of both Contracting Parties, the judicial authority before which the
proceedings started at a later time, under the law of your State either control
stops, or reject the proposal. It similarly to the legally determined
things.
THE HEAD OF THE SECOND
Case status to rights and legal capacity
Article 21
(1) eligibility of natural persons, rights, and legal acts shall be governed by the legal
regulations of the Contracting Party whose nationality the person.
(2) the Capacity of a legal person to the rights and legal capacity shall be governed by
the legal order of the Contracting Parties, according to which the legal person was formed.
Article 22
If this Treaty does not provide otherwise, the procedure for deprivation or limitation of
the eligibility of legal capacity given the power of the Court of the Contracting Party whose
a citizen is a person whose eligibility is to be decided.
Article 23
(1) If a Court of one Contracting Party finds that the reasons for the
deprivation or restriction of legal capacity of the State citizen
the other Contracting Party residing on its territory, it shall inform the
the competent court of the other Contracting Party. This also applies in this case, when the
the Court will take temporary measures needed to protect this State citizen
or its assets.
(2) if the Court of the other Contracting Party, who was informed of the reasons for
for deprivation or restriction of legal capacity, has not started within three
months of proceedings, or does not respond within this period, it shall initiate the procedure for deprivation of
or limit eligibility to the legal capacity of the Court of the Contracting Parties,
the territory of this State residence. In this case, may be
made the decision on the deprivation or restriction of legal
capacity only for reasons of which are laid down in the laws of both Contracting
of the parties. The decision on the deprivation or restriction of legal capacity
shall be forwarded to the competent court of the other Contracting Party.
Article 24
The provisions of article 23 of this Treaty shall apply mutatis mutandis in deciding
for the return of legal capacity.
Article 25
The Declaration for the dead, missing and proof of death
(1) the Declaration for the dead is governed by the legislation of the Contracting Party whose
a citizen was a person to be declared dead, at the time,
When the last message was still alive.
(2) the power to the proceedings for a declaration of a State of the citizen for the dead is given by
the Court of the Contracting Party whose nationality the person was to be
declared dead, at a time when, according to the last reports was still
alive.
(3) the Court of one Contracting Party may declare a State citizen of the second
the Contracting Parties for the dead:
and on a proposal from the person), who proposes to make a claim arising from inheritance
or marital property rights to a property missing
located on the territory of the Contracting Party, the authority shall undertake the management,
(b) on a proposal from the husband's missing), which at the time of submission of the proposal resides
on the territory of the Contracting Party, the authority shall carry out the procedure.
(4) in the cases referred to in paragraph 3 shall be used in accordance with the legal regulations
of paragraph 1. Decisions taken under paragraph 3 shall have the legal consequences
only on the territory of the Contracting Parties, the Court decided on the matter.
(5) the provisions of paragraphs 1 to 4 shall apply mutatis mutandis to the Declaration for the
missing and proof of death.
THE HEAD OF THE THIRD
Family stuff
Article 26
The conclusion of the marriage
(1) the conditions of the marriage is governed by State for each citizen,
which intends to conclude a marriage, the legal order of the Contracting Parties, which is
a citizen.
(2) the form of the marriage is governed by the legislation of the Contracting Parties,
whose territory the marriage concluded.
Article 27
The personal and property relations of spouses
(1) the personal and property relations of the spouses, who are citizens of one
the Contracting Parties and are resident in the territory of the other Contracting Party, shall be governed by
the legislation of the Contracting Party of which they are nationals.
(2) if one of the spouses is a citizen of one party and the other
a citizen of the other Contracting Parties is governed by their personal and property
relations legislation of the Contracting Party in whose territory they are or
the last time they had the joint residence. If such a common residence
they did not, the Court shall apply the law of your state.
(3) to the management of personal and property relations of the spouses is given the power to
the courts of both Contracting Parties.
Article 28
Divorce
(1) a divorce the spouses who are nationals of one of the Contracting
the parties at the time of submission of the proposal and are resident in the territory of the other Contracting
the Parties shall be governed by the legislation of the Contracting Party whose nationality
at the time of submission of the proposal.
(2) if one of the spouses is a citizen of one party and the other
a citizen of the other party, the Court shall apply the law of your
State.
(3) the power to divorce is given by the courts of either of the Contracting Parties.
Article 29
The determination of the absence of marriage and nullity of marriage
(1) the determination of the absence of marriage and marriage annulment
for the lack of the basic conditions of the marriage is governed by the legal
the regulations, which apply in accordance with article 26(3). 1 of this contract.
(2) the determination of the absence of marriage and marriage annulment
for violations of the forms when the marriage is governed by the law of
in force in the place where the marriage was concluded.
(3) the procedure for determining the absence of marriage and nullity of marriage
is given to the jurisdiction of the courts of both Contracting Parties.
Article 30
The legal relations between parents and children
(1) determine the recognition and denial of paternity is governed by the legislation of the Contracting
the party in whose territory the child was born.
(2) regarding the form of recognition of paternity, it is sufficient if the
guided by the law of the Contracting Party in whose territory the
the recognition was made.
(3) other legal relations between parents and children, in particular education and
nutrition of a child are governed by the legislation of the Contracting Party in whose territory the
child residence.
(4) the procedure for legal relations between parents and children is given the power to
authority of the Contracting Party in whose territory the child's place of residence. In the case of
divorce of parents is given the power of the authority before which the
proceedings for divorce, marriage.
Article 31
Other kinds of maintenance obligations
(1) other kinds of maintenance obligations under the family law is governed by the
the legislation of the Contracting Party of which a citizen is a person who
claim to maintenance.
(2) the power to the control is determined by a Court of a Contracting Party on whose territory the
of residence of the person who submits a claim for alimony.
Article 32
Intercountry adoption
(1) Adoption shall be governed by the legislation of the Contracting Party whose national
a citizen is a national at the time of submission of the proposal on intercountry adoption.
(2) to the adoption of a child must give consent, as well as other persons and bodies,
If so required by the legislation of the Contracting Party whose nationality is
osvojované child.
(3) if the child spouses, in which one is a citizen of
of one party and the other a citizen of another Contracting Party, shall
comply with the conditions laid down by the laws of both Contracting Parties.
(4) the procedure for adoption is given the power authority of the Contracting Party whose
public citizen is a national at the time of submission of the proposal on adoption; in
If the child spouses, in which one is a citizen of
of one party and the other a citizen of another Contracting Party, is
given the power authority of the Contracting Party in whose territory they are or
the last time they had the joint residence of the spouses.
(5) the provisions of the preceding paragraphs shall also apply mutatis mutandis to the cancellation of the
intercountry adoption.
Custody and guardianship
Article 33
(1) the commencement and termination of custody and guardianship is governed by the law of
the Contracting Party whose nationality is opatrovanec and poručenec.
(2) legal relations between the guardian and opatrovancem and between the trustee and the
poručencem is governed by the legislation of the Contracting Party whose authority ordained
guardian, or custodian.
(3) the obligation to adopt the function of guardian and trustee is governed by the legal
regulations of the Contracting Party of which a citizen is a person who is to be
established for the custodian or guardian.
(4) the proceedings on the custody and guardianship is given the power of the authority
the Contracting Party whose nationality is opatrovanec or poručenec.
(5) if the opatrovanec or poručenec of residence on the territory of one of the Contracting
the parties, may appoint a guardian or guardian and public citizen
the other Contracting Parties, provided that he has a domicile in the territory
the Contracting Parties shall, where the custody or guardianship to perform, and
that its provisions best suits the interests of the opatrovance or poručence.
Article 34
(1) if they are to protect the interests of the citizen of the State of one Contracting Party whose
residence or property is in the territory of the other Contracting Party, the necessary
opatrovnická or poručnická measures, the institution of that Contracting Party about it
without delay inform the authority referred to in article 33, paragraph. 4 of this contract.
(2) the authority may, in urgent cases, the other party to make
appropriate temporary measures in accordance with the law of your State, must, however,
It shall without delay inform the authority referred to in article 33, paragraph. 4 this
of the Treaty. These measures will remain in effect until another decision
This authority.
Article 35
(1) the authority in whose jurisdiction is based on article 33, paragraph. 4 thereof,
may transfer guardianship or custody on the authority of the other Contracting
the Parties shall, if the person has been appointed guardian or guardian,
He has on the territory of that Contracting Party, temporary stay or residence property.
Transfer of guardianship or custody shall take effect, if
the requested authority will assume the guardianship or custody and shall inform the
the requesting authority.
(2) the authority shall, in accordance with paragraph 1 took over the management of guardianship or
guardianship, it leads under the law of its State; as regards the
eligibility to rights and legal capacity, however, the legal progresses
regulations of the Contracting Party whose nationality is opatrovanec or
poručenec. Is not authorized to issue decisions on personal status; can
However, to give consent to the marriage, if it requires
According to the law of the State whose nationality is opatrovanec or
poručenec.
THE HEAD OF THE FOURTH
The estate of things
Article 36
The form of legal acts
(1) the form of legal acts shall be governed by the legislation of the Contracting Parties, which
is governed by the legal act itself. However, the procedure under rule
regulations of the Contracting Party on whose territory the Act was made.
(2) the form of legal acts relating to immovable property shall be governed by the legal
regulations of the Contracting Party in whose territory the property is.
Article 37
Legal relations to real estate
(1) legal relations to real estate is governed by the legislation of the Contracting Parties,
on whose territory the property is.
(2) for the management of legal relations to real estate is given the power of the authority
the Contracting Party in whose territory the property is.
Article 38
Contractual obligations
(1) the contractual obligations, with the exception of obligations relating to the
real estate, is governed by the legislation of the Contracting Party, which shall elect
the participants of the Treaty.
(2) If no such choice of law, contractual obligations
governed by the legislation of the Contracting Party on whose territory the agreement
has concluded. If the contract concluded between the nepřítomnými, the legal
the order of residence (seat) of the recipient of the proposal on conclusion of the contract.
(3) the management of contractual obligations is given the power of the Court
the Contracting Parties, on which the parties to the Treaty agreed in writing. If it is not
such an agreement, the power is given by the Court of the Contracting Party in whose territory the
residence (registered office). The power is given and the Court of the Contracting Parties,
on whose territory the residence (registered office) the applicant, if it is on the territory of the
the subject matter of the dispute or the assets of the respondent.
Article 39
Liability for damage
(1) the responsibility for the damage caused outside of the contract shall be governed by the legislation of the
the Contracting Party in whose territory the damage occurred. If they are a pest and
damaged by the State's citizens of the other party and have in its territory
residence, the law of that Contracting Party.
(2) the application of regression claim arising in connection with the damage to the
health or death shall be governed by the legal order of the Contracting Parties,
provide services in accordance with its legislation, social security or by
other regulations, which are the legal basis for regres.
(3) to the disputes arising from damage caused by outside contract
is given the power of the Court of the Contracting Party on whose territory an emergence of
damage or on which territory the pest residence (residence). The power is given by
and the Court of the Contracting Party in whose territory the residence (registered office) is damaged,
If the pest in this area assets.
THE HEAD OF THE FIFTH
The estate of things
Article 40
The principle of equality
(1) nationals of a Contracting Party shall have in the territory of the other Contracting
the parties in the same position as their own nationals with regard to the acquisition of
assets or other rights on the territory of the other Contracting Party,
by deriving from the law or on the basis of the settlement for the case of death, as well as
in the case of competence, establish or cancel settlement for the case of death.
(2) the nationals of one Contracting Party may, in a will dispose of his
property located on the territory of the other Contracting Party.
Article 41
The use of the law
(1) the Succession to movable property is governed by the legislation of the Contracting Party whose
the testator was a citizen at the time of death.
(2) inheritance of property is governed by the legislation of the Contracting Party on whose
the territory is situated.
(3) an assessment of whether it is a chatting or property, shall be governed by the legal
regulations of the Contracting Party in whose territory the property is situated.
Article 42
Odúmrť
If heritage remained and, according to the law of the Contracting Party
governed by the inheritance, not heirs, chattel becomes a Contracting Party whose
the testator was a citizen at the time of death, and the property of the Contracting
the party in whose territory they are situated.
Article 43
Last will and Testament
(1) the Ability to establish or revoke a will, or a family, as well as the legal
the effects of the shortcomings in the expression of will is governed by the legislation of the Contracting Parties,
of which the testator was a citizen at the time of expression of will. This right is
crucial in determining which types of settlement in the event of death
permissible.
(2) the form of the establishment or revocation of wills or dispossessed is governed by the legal
regulations of the Contracting Party whose nationality the deceased was at the time of
the legal act. However, if it was followed by administrative procedure
the Contracting Party on whose territory the Act made.
Article 44
Jurisdiction in probate matters
(1) for consideration of movable heritage, with the exception of the case referred to in the
paragraph 4, is given the power to judicial authority of the Contracting Party whose
the testator was a citizen at the time of death.
(2) for consideration of immovable heritage is given the power of the judicial authority
the Contracting Party in whose territory the property is situated.
(3) the provisions of paragraphs 1 and 2 shall also apply to the determination of competence to discuss
disputes arising in connection with the heritage.
(4) if the subject of the heritage of the chattel, which after the death of the State
the citizen of one Contracting Party in the territory of the other Contracting Party, and
If all known heirs and odkazovníci, heritage
on the proposal of an heir or odkazovníka the competent judicial authority of that Contracting
the parties.
Article 45
Notification of death
If a State citizen of one Contracting Party in the territory of the other Contracting
the Parties shall inform the competent authority without delay directly to a diplomatic mission
or consular authority of the other party shall be notified of the death and him everything,
What is known about the heirs and odkazovnících, their place of residence or stay
a range of heritage, as well as on the possible settlement for the case of death.
If this authority has knowledge that a deceased's assets remained in
another State, it shall notify this circumstance.
Article 46
Permission of the diplomatic mission or consular post in probate matters
(1) in probate matters including inheritance disputes are diplomatic missions and
the consular authorities of the Contracting Parties shall be entitled to be represented, with the exception of the rights
refuse the inheritance, without special authorization before the authorities of the other
the Contracting Parties State citizens of their State, if these nationals
are absent and are not of a trustee.
(2) if the State a citizen of one party at a time of transition
stay on the territory of the other Contracting Party, shall transfer the things which he had
themselves, without further proceedings, along with their list of diplomatic mission or
Consular Office of the Contracting Party of which he was a citizen. For export
these things shall apply mutatis mutandis the provisions of article 19 of this agreement.
Article 47
The publication of the will
To the publication of the will is given the power of the judicial authority of the Contracting Party,
which is the last will and Testament. The competent judicial authority to discuss
heritage is the need to send a certified copy of the will and write about its publication.
Article 48
Measures to secure the heritage
(1) the authority of the Contracting Party on whose territory the heritage after a citizen
the other Contracting Party, shall make under the law of your State measures
necessary to protect the heritage and to manage it. As well, the relevant
the authorities of the Contracting Parties to proceed even in cases, where as the heir of the
or odkazovník to a State citizen of the other party.
(2) the measures referred to in paragraph 1 is to be aware of the diplomatic mission
or consular authority of the other party, which may at their
the performance interact directly or through a trustee. On their
the proposal may change or revoke the measures or their performance.
(3) according to the request of the authority competent to discuss the legacy of the measures
in accordance with paragraph 1, amend or cancel or postpone their performance.
Article 49
The issue of heritage
(1) the Heritage consisting of movable property or proceeds from the sale of movable property
and real estate belonging to the heritage on the territory of a Contracting Party after the
the end of the succession issue Inheritors or odkazovníkům, who have
of residence on the territory of the other Contracting Party. If it is not possible to deliver the legacy
or its proceeds directly to its Inheritors, odkazovníkům or their
zplnomocněncům, the diplomatic mission or consular post of the second
the Contracting Parties.
(2) issue a heritage under paragraph 1 is possible if:
and all claims of creditors of the deceased) who have logged on within the time limit
set by the legislation of the Contracting Party whose competent judicial authority has
the power to control, have been paid or secured,
(b)) all due taxes and fees have been paid or secured,
(c)) the competent authorities gave their agreement to the export of goods belonging to the heritage of the
or to transfer the proceeds from their sale, if such consent
needed.
THE HEAD OF THE SIXTH
Work stuff
Article 50
(1) unless the parties otherwise, the employment relationship shall be governed by the legal
regulations of the Contracting Party in whose territory the employee performs the work.
(2) If a citizen of one party performs work on the territory of the
the other Contracting Parties is governed by the employment legislation of the Contracting
the parties, where the headquarters of the broadcasting organization, with the exception of. If i
the worker's place of residence is on the territory of the Contracting Party, where he performs the work.
(3) the employment of a worker performs work on the water or
air transport is governed by the legislation of the Contracting Parties,
where the means of transport was registered; the employment of a worker
rail or road carrier shall be governed by the legislation of the Contracting
the parties, where the carrier has its head office.
(4) in accordance with the rule of law that has crucial importance for employment
to assess the material and formal requirements of the validity of the work
the contract, the consequences of the invalidity of the contract of employment, as well as the contents and the demise of the
the employment relationship, including disputes arising from the employment relationship.
(5) the proceedings in matters of work is given the power of the Court or other
authority of a party authorized to hear labor disputes, on the
whose territory the defendant has a place of residence (registered office). The power is given and the Court
(authority) of the Contracting Party in whose territory the employee performs the work.
THE HEAD OF THE SEVENTH
The costs of proceedings
Article 51
Exemption from the advance on costs
Nationals of one Contracting Party who act before the authorities of the other
the Contracting Parties shall, if they are resident or located, and stay on the territory of one of
the Contracting Parties, unable to save a deposit for the costs of the proceedings only from
because they are foreigners or on the territory of the other Contracting Party
do not have a domicile, residence or registered office.
Exemption from fees
Article 52
(1) nationals of a Contracting Party on the territory of the other admits
Contracting Party exemption from judicial, notarial and administrative fees
and other benefits relating to fees, and other costs for the
the same conditions as their own nationals. The same applies to the
exemption from the payment of cash expenses of the representative and payment of the remuneration for the
representation.
(2) the exemption shall also apply to proceedings for the enforcement of the decision.
Article 53
(1) the exemption provided for in article 52 of this Treaty shall be granted on the basis of
certificate of personal, family and assets of the applicant. This
the certificate issued by the competent authority of the Contracting Party in whose territory the
the applicant of residence or stay.
(2) if the applicant has no domicile or residence in the territory of any of the Contracting
the parties, the certificate may be issued by the diplomatic mission or consular post
the Contracting Party whose nationality is.
(3) the authority which decides on requests for exemption from the authority,
which issued the certificate request data or needed clarification.
Article 54
(1) If a citizen of one party makes a request for
the exemption provided for in article 52 of the Treaty before the competent authority of the other
the Contracting Parties, may do so before the competent authority of the place of
your residence or stay. The authority shall forward the application along with the
a certificate issued in accordance with article 53 of the Treaty, the competent authority of the
the other Contracting Party.
(2) the request for an exemption in accordance with article 52 of that Treaty may be made
at the same time with the proposal on the opening of the procedure, for which the exemption is sought.
Article 55
The exemption provided for in article 52 of the Treaty, granted by the competent authority of the
one of the Contracting Parties in a particular case shall apply to all the procedural
the operations to be carried out in this proceeding, the authority of the other Contracting Party.
THE HEAD OF THE EIGHTH
Recognition and enforcement of decisions
Article 56
Recognition and enforcement of decisions in matters of non-material nature
(1) Final and enforceable decision of immaterial nature in civil
and family matters, issued by the judicial authorities of one Contracting Party,
are recognized on the territory of the other contracting party without further proceedings under
the condition that the judicial authorities of the other Contracting Party have not issued a final
a decision in the same case before, or if pursuant to this agreement, respectively.
cases that are not covered by this agreement in accordance with the law of a Contracting
the Party on whose territory the recognition is sought, it is not within the exclusive control
the powers of the judicial authorities of that Contracting Party.
(2) if the authority of one Contracting Party has issued a final and enforceable
the decision on the placement of a child, this is to be done on
the territory of the other Contracting Party, where the child lives, if the child is a citizen of
one of the Contracting Parties. For the performance of such decision shall apply
Similarly, the provisions on the enforcement of decisions in matters of equity.
Recognition and enforcement of decisions in matters of property
Article 57
(1) the Contracting Parties shall, under the conditions laid down in that Treaty and recognised
shall carry out in its territory the decision issued on the territory of the other Contracting
Parties:
and the decision of the courts) misappropriation in civil and family matters,
as well as the Court-approved settlements in these matters,
(b)) decisions of courts in criminal matters relating to compensation for damage.
(2) the decision of the courts within the meaning of paragraph 1 shall be considered and decisions in
probate matters issued by the authorities of the Contracting Party, which, according to
the law of that Contracting Party the power to control.
Article 58
The Contracting Parties recognize and perform the valid arbitration decision
the courts issued after the entry into force of the Treaty, as well as the settlements concluded before the
These courts, where the terms of the arbitration agreement or clause are
in accordance with the laws of both Contracting Parties.
Article 59
The decisions referred to in article 57 thereof, will recognize and
to perform under the condition that:
and the decision is final and) are enforceable under the law of a Contracting
the Party on whose territory it was issued; provisionally enforceable decision and
interim measures is possible in the requested State to recognise and execute, even when
shall be subject to the ordinary legal remedies are enforceable in accordance with
the law of the Contracting Party on whose territory was issued,
(b)) the judicial authority of the Contracting Party on whose territory the decision was
released, he had the power to decide in the matter referred to in this Treaty and in
cases that are not covered by this agreement in accordance with the law of a Contracting
Party on whose territory the asks for the recognition or enforcement,
(c)) the participant against whom the decision was issued, and that the negotiations
, was to act properly and in a timely manner in accordance with the law of the summoned
the Contracting Party on whose territory the decision was issued, and in the case of
procedural incapacity was duly represented,
(d)) and between the same parties has already previously been decided by the Court
the Contracting Party on whose territory the decision to recognise and execute,
(e)) in the same case involving the same parties has not been recognized or enforced
the decision of the judicial authority of a third country.
Article 60
(1) a proposal for the recognition or enforcement of decisions may be lodged directly
to the competent court of the Contracting Party on whose territory the decision
to recognise or execute, or the Court that decided in the first instance; in this
case, the proposal shall be forwarded to the competent court of the other Contracting Parties
in the manner referred to in article 3 of this Treaty.
(2) the elements of the proposal on the enforcement of the decision shall be governed by the legislation of the
the Contracting Party on whose territory the decision to execute. In the proposal on the
the performance of the decision imposing the payment of a cash sum authorized shall,
How has the power of decision to be made.
(3) on the proposal for the recognition or enforcement of a decision shall be accompanied by:
and) decision or a certified copy of this decision, together with the certificate of
pravomocnosti and enforceability or provisional enforceability, if it
It does not follow from the decision itself,
(b)) confirmation that the party against whom the decision was
released and that negotiations, was duly and on time served
the summons to the first hearing and proceedings, as well as
the decision in the case by the law of the Contracting Party in whose territory the
the decision was issued, and in the case of procedural incapacity has been properly
represented by,
(c) a certified translation) proposal on the recognition or enforcement of the decision and the documents
referred to in points (a) and (b))) into the language of this paragraph, the Contracting Parties,
on whose territory the decision to recognise or execute.
(4) the proposal on the enforcement of the decision is to be present with a number of
copies with attachments to one copy remained in the Court, which will be
to decide on enforcement, and in order to any party, against which the proposal
points, got a copy.
The method of recognition and enforcement of decisions
Article 61
(1) the power to accept or require performance of the decision of the Court of the Contracting
Party on whose territory the decision to recognise or execute.
(2) the Court shall decide on the recognition or enforcement of decisions,
be limited to establishing whether the conditions referred to in articles 57, 58
and 59 of that Treaty, and, if it finds that the following conditions have been met,
the decision recognised or orders his performance. Substantive and territorial jurisdiction
the Court is governed by the law of the Contracting Party in whose territory the
the decision to recognise or execute.
(3) for the execution of the decision shall apply the law of the Contracting Party
whose territory the decision to execute.
(4) If he was in the territory of the Contracting Parties, the Court issued the decision,
his performance has been postponed, it shall inform the Court of the other Contracting
the parties, which will continue in power.
(5) if the Court considers it necessary, may summon and hear
the participants in the proceedings; may request further information from the Court, that
issuing the decision.
Article 62
Principal may lodge an objection against the enforcement of the decision, if it is permissible
According to the law of the Contracting Party whose decision the Court has issued.
Article 63
The export of goods and money transfer
The provisions of this Treaty on the enforcement of the decision shall not affect the legal
the legislation of the Contracting Parties within the meaning of article 19 of this Agreement relating to the
money transfer or export things obtained power of decision.
The performance of the decision on the reimbursement of costs
Article 64
(1) if the participant exempt in accordance with article 52 of that Treaty was
final decision imposed on the territory of one Contracting Party to replace the
the costs of the other party, the competent court of the other Contracting Parties
orders the enforcement of a judgment for the recovery of these costs on the proposal of the authorised
free of charge.
(2) The costs of the regulation of the enforcement of a decision shall be calculated and
the costs associated with the translation and verification of the documents referred to in article 60
paragraph. 3 (b). (c)) and article 65, paragraph. 2 of this Treaty.
Article 65
(1) the Court which ordered the execution of the decision on the reimbursement of costs of the proceedings,
limited its examination to that decision acquired the authority and whether the
It is enforceable.
(2) the proposal for a decision on the performance of the joins of the decision or a certified
a copy of the part of the decision containing the statement of costs and confirmation
issued by a court, which ruled in the first instance, that the statement of costs
management is final and enforceable. These documents must be provided with
certified translation into the language of the Contracting Party in whose territory the
the decision to perform.
(3) the authority of the Contracting Party on whose territory the cost incurred, shall request the
the competent court of the other Contracting Parties, in order to elicit the costs of the proceedings. Court
submits the vymoženou sum of the diplomatic mission or consular post of the second
the Contracting Parties.
Article 66
(1) a proposal for the execution of the decision on the reimbursement of costs of the proceedings, that is to
carried out on the territory of the other Contracting Party, it is possible to bring to the judging, which
It has issued a decision on costs, or judging, which decided in the first
the degree.
(2) the Court referred to in paragraph 1 shall send the proposal to the competent court the second
the parties in the manner set out in article 3 of this Treaty.
Article 67
The provisions of articles 56, 57 and 59 to 66 of the Treaty shall apply to
final and enforceable decision issued before the entry into force
of the Treaty.
PART THE THIRD
Criminal
HEAD FIRST
Taking over of criminal prosecution
Article 68
The obligation to take criminal prosecution
(1) each Contracting Party shall, at the request of the other party undertakes to
to initiate criminal prosecution against the State to the citizen, as well as other
person, if that person on its territory of residence if it is prosecuted for
reasonable suspicion of such crimes committed in the territory of the other Contracting
the parties that are criminal under the law of both Contracting
of the parties.
(2) the provisions of paragraph 1 shall apply even if act in
respect of which the application is made on the assumption of criminal prosecution,
According to the law of the requesting contracting party, be considered judicially
the offence and in accordance with the law of the requested Contracting Party only
the offense.
(3) in the cases referred to in paragraphs 1 and 2, the competent authorities of the requested
the Contracting Parties shall act in accordance with their national legal systems.
(4) the Claims of victims for compensation if they have been applied in the original
control, becoming part of the removed control.
Article 69
Application for taking over of criminal prosecution
(1) a request for the taking over of criminal prosecution must include in particular:
and the designation of the applicant authority);
(b) the name and surname of the person), which was to commit an Act, its State
citizenship, place of residence, as well as other personal data;
(c) a description of the Act) in respect of which the application is made on the assumption of
criminal prosecution;
(d) the texts of the provisions of the Act) of the requesting contracting party, in accordance with
which the Act considers it judicially, as well as other provisions,
which have a significant importance in arriving at the proceedings;
(e) the extent of the damage caused and) any claims of damaged on their
replacement.
(2) the provisions of paragraph 1 is without prejudice to the provisions of article 6 of this
the Treaty on the terms of the request.
(3) the application shall be accompanied by the criminal's writings or their certified copies and
the evidence that is available to the requesting contracting party.
Article 70
Measures to return the accused
(1) if the accused at the time of submission of the application for acceptance of the criminal
the prosecution is in custody in the territory of the requesting contracting party, be transferred to the
the territory of the requested Contracting Party.
(2) if the accused at the time of submission of the application for acceptance of the criminal
the prosecution in the requesting party, if necessary, shall take the
appropriate measures in accordance with their legal order on his return to the territory
the requested Contracting Party.
Article 71
The announcement of the results of the prosecution taken over
The requested Contracting Party shall inform the notifying Contracting Party of
the result of the taken over prosecution. If the final
the conviction shall, at the request of the requesting contracting party, (i) a copy of the
the judgment.
Article 72
The consequences of the takeover of the prosecution
(1) If a request was made on the assumption of criminal prosecution by
Article 68 thereof, after the legal power of final decision
authority of the requested Contracting Party to initiate the criminal prosecution before the authorities
the requesting contracting party, and if it was initiated, must be stopped.
(2) the criminal prosecution on the territory of the requesting Contracting Party may
initiate, if the accused avoids criminal prosecution on the territory of the requested
the Contracting Parties.
THE HEAD OF THE SECOND
The issue of
Article 73
Obligation to issue
(1) the Contracting Parties undertake, subject to the conditions laid down in this
the contract will be based on the request to issue to each other to perform
criminal proceedings or to imprisonment of the person that
present on their territory.
(2) the issue of the implementation of the criminal proceedings is permitted only for judicial
the offences for which it may be imposed under the law of both the
the Contracting Parties by deprivation of liberty for one year.
(3) release to the imprisonment is permissible only for the offences
Criminal Court under the law of both Contracting Parties, for which the
the requested person has been sentenced to imprisonment.
Article 74
Refusal to issue
(1) for the issue does not occur if:
and) where the requested person is a citizen of the requested Contracting Party at the time,
When the request for release,
(b)) the offence has been judicially committed on the territory of the requested Contracting Party,
(c)) under the law of the requested Contracting Party cannot be a criminal
the prosecution brought or the judgment cannot be enforced for reasons of limitation
or another legal reason,
(d)) against a person, whose extradition is requested was for the same offence on
the territory of the requested Contracting Party handed down a final judgment or
the prosecution stopped by a final decision.
(2) in the case of refusal to issue it shall inform the requested Party
the requesting contracting party, indicating the reasons for which the issue
rejects.
Article 75
Extradition request
(1) the request for extradition must contain:
and the designation of the applicant authority,)
(b)), the name and surname of the requested person, her nationality, as well as
other personal information and, if possible, a description and its photograph,
(c) the texts of the provisions of the Act) of the requesting contracting party, in accordance with
which the act considered criminal court,
(d) the extent of the damage caused).
(2) the request for extradition for the implementation of the criminal procedure is accompanied by the original
or a certified copy of the arrest warrant describing the deed, in connection with the
which is on the issue.
(3) the request for extradition to imprisonment must be connected
a certified copy of the judgment, with the endorsement of the acquisition of its legal power. Done-if
the person is already part of the sentence, what part.
Article 76
Complete the request for extradition
Does not contain a request for the release of all the necessary information, the requested
the party asking for their replenishment, which lays down the deadline of two
months. The period laid down for a period of less than two months from the
serious reasons, extend, even after the extension, however, may not exceed
two months.
Article 77
Arrest for extradition purposes
The requested Contracting Party shall, without delay after receipt of the application of the measures
the arrest of the requested person, with the exception of those cases where the issue cannot
occur.
Article 78
Provisional arrest
(1) the arrest can be done even before the extradition request will
If the requesting party expressly so requests, and shall notify the
the person has been issued a warrant for the arrest of or was against her judgment on the
the basis of which it intends to apply for release. The request for provisional arrest is
may be made by mail, by telegram or by any other appropriate means
as to avoid any doubt.
(2) the competent authorities of the contracting parties can even without the submission of the application referred to in
paragraph 1 to arrest the person holding on their territory, in accordance with
their knowledge is committed on the territory of other Contracting Parties legally punishable
the Act, which allows for the release.
(3) arrest referred to in paragraphs 1 and 2 must, without delay, notify the other
Contracting Party.
Article 79
Release of arrested person
(1) the requested Party may zatčenou the person referred to in article 77 of this
the Treaty released if, within the period provided for in article
76 of that Treaty have been sent to her additional information which supplement the
asked.
(2) a person referred to in article 78, paragraph zatčenou. 1 this Treaty is possible
released, if the extradition request is not one
months from the date on which the other party was notified of the preliminary
the arrest.
(3) a person arrested under article 78, paragraph. 2 this Agreement shall be released on the
freedom, if the extradition request is not within one month from the date of
When the other party was notified of the provisional arrest.
Article 80
Postponement of the issue
If the requested person leads the criminal proceedings or if the
convicted of another criminal offence in the territory of the requested Contracting Party may
be delayed until the end of the issue of criminal prosecution or the termination of the
the punishment.
Article 81
Temporary release
(1) the temporary release of the requested person shall be carried out on the basis of a reasoned
the application of the requesting party, if the delay would issue had
the effect of prescription of the criminal prosecution, or if serious
It has deepened the extent of examination of a judicial crime.
(2) Temporarily released by the person after the execution of procedural acts, for which the
was released, immediately returns, but not later than three months from the date of
temporary release.
Article 82
The application of several States on the issue of
If the extradition of a person sought for several States, the requested Contracting Party
decide which of these applications. In doing so, shall take into account to the State
citizenship of the requested person, to the point of committing indictable offence, and to
its severity.
Article 83
The limits of stíhatelnosti issued by the person
(1) a person must not be Issued without the consent of the requested contracting party be held criminally
prosecuted, nor shall be enforced, nor shall punishment be issued
to a third State for another indictable offence had been committed before the release, than
for that release, the use of.
(2) the consent of the requested Contracting Party need not be, if:
and the person leaves) issued within one month from the date of completion of the criminal
proceedings, or enforcement of a sentence of the territory of the requesting contracting party; into this
the deadline shall be the period during which the person could not have released the territory
the requesting contracting party to leave without his fault,
(b)) issued by the person left the territory of the requesting contracting party and again on
This territory voluntarily returned.
Article 84
The implementation of release
The requested Contracting Party shall inform the requesting Contracting Party place and time
issue. The requested person may be released, if it
the requesting contracting party has not taken delivery within 15 days from the date laid down for the
issue.
Article 85
The rerelease
In the event that the person is released in any way avoids the criminal
prosecution or enforcement of a sentence, and resides in the territory of the requested Contracting
the party will be on a new request reissued without the need to send
the instruments referred to in article 75 of the Treaty.
Article 86
The announcement of the results of the prosecution
The requesting Party shall promptly inform the requested Party
on the results of a criminal prosecution against the person by sending a copy of the issued
a final decision.
Article 87 of the
The transit
(1) the Contracting Party shall, at the request of the other party through its territory
the transit of persons, issued by a third State party requesting the transit.
The requested Contracting Party is not obliged to allow the transit of persons whose
the issue can be referred to in this agreement.
(2) an application for transit operations shall be made and handled in the same way
as the extradition request.
(3) the requested Party shall carry out the transit operation in such a way that
It considers most appropriate.
(4) consent to the transit operation is not necessary, if the flight without stopovers.
Article 88
The issue of costs and transit
The issue of costs shall be borne by the Contracting Party in whose territory they arose. The cost of
transit shall be borne by the Contracting Party, that the transit operation.
THE HEAD OF THE THIRD
Special provisions on legal assistance in criminal matters
Article 89
Delivery of persons in custody or imprisonment
If a person summoned as a witness in custody or in prison
deprivation of liberty in the territory of the requested Contracting Party, that Contracting Party
arrange her transportation on the territory of the requesting contracting party, if the
her personal interrogation needed; This person must be kept in
custody and after the end of questioning must be immediately returned.
Article 90
The release of things
(1) things that the perpetrator of a criminal offence, won for who asks his
release, or things that acquired as consideration for these things, as well as
things that are used as evidence in criminal proceedings, will be issued to
the requesting contracting party, and even in that case, that the extradition
There is no escape for his death, or for any other reason.
(2) the requested Party may temporarily postpone the release of the set of things,
If they are needed for the other criminal proceedings.
(3) the rights of third parties to things that have been issued to the other party,
shall remain unaffected. After the end of the criminal proceedings, these things will return
a Contracting Party that is sent, or with its consent issue
directly to the beneficiaries.
Article 91
Notification of the conviction
(1) the competent authorities of the Contracting Parties to report on each other's
final judgments in criminal matters, which the courts of one of the Contracting
the parties have issued against the nationals of the other Contracting Party.
(2) on the basis of a reasoned request from the competent authorities of the Contracting Parties
each report the final judgments and final
the decisions, which stopped proceedings even if they relate to people,
which they are not nationals of the requesting contracting party.
(3) the competent authorities of the Contracting Parties shall send each other messages about
final decisions concerning the State of the citizens of the other party,
the parties, if the criminal proceedings ended up stopping.
(4) the competent authorities of the Contracting Parties, on request, be sent by the
options the fingerprints of persons referred to in paragraphs 1 and 2.
Article 92
The sending of extracts from criminal records
The competent authorities of the Contracting Parties shall forward to the judicial authorities of the other Contracting
the parties, at their request, extracts from criminal records.
PART THE FOURTH
Final provisions
Article 93
This Treaty is subject to ratification and shall enter into force on the 30th day after the
the exchange of instruments of ratification. The exchange of instruments of ratification shall take place in
Budapest.
Article 94
This agreement shall be concluded for five years. Its validity is extended always on
the next five years, if it denounces it in writing, none of the Contracting Parties
at least six months before the expiry of the current five-year
the period.
Article 95
(1) on the day on which the contract takes effect, of the expiry of
Treaty between the Czechoslovak Socialist Republic and the Hungarian
Republic on the adjustment of legal relations in civil matters,
family and criminal from the 2. November 1961.
(2) if the Consular Convention between the Czechoslovak Socialist
Republic and the Hungarian people's Republic from 17 December. May 1973
refers to the Treaty between the Czechoslovak Socialist Republic and the
Hungarian people's Republic on the adjustment of legal relations in civil,
family and criminal matters, the following reference to understand the reference to the
This contract.
Given in Bratislava 28 June. March 1989, in two originals, each in the
Slovak and Hungarian language, both texts being equally authentic.
For
The Czechoslovak Socialist Republic:
Milan Čič in r.
For
The Hungarian people's Republic:
Kálmán Kulcsár in r.
*) Here is published a Czech translation.