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Legal Assistance Treaty With Hungary

Original Language Title: Smlouva o právní pomoci s Maďarskem

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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.