Between The Czechoslovak Republic And Switzerland For Legal Assistance

Original Language Title: mezi ČSR a Švýcarskem o právní pomoci

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=4532&nr=9~2F1928~20Sb.&ft=txt

9/1928 Sb.



The AGREEMENT



between the Republic of Czechoslovakia and Switzerland



the mutual legal assistance in civil and commercial matters



ON BEHALF OF THE CZECHOSLOVAK REPUBLIC



On behalf of the Czechoslovak Republic



and



the Swiss Confederation



This agreement has been negotiated



with the additional protocol and a list of:



The agreement



between the Republic of Czechoslovakia and Switzerland on mutual legal assistance

in civil and commercial matters.



The President of the Czechoslovak Republic and the Federal Council of the Confederation of

Swiss law as the basis for considering the adjustment of relations between the two countries

the International Hague Convention on the civil trial of 17 May.

July 1905, which proceeded to the Czechoslovak Republic and

Switzerland, and pokládajíce useful připojiti some changes to it and

In addition, the accounts verification and the accompanying documents, as well as much of the communication

legal information, they decided to uzavříti to this end, the agreement and the

name your agents:



The President of the Republic:



Mr. Emil JUDra, Spiru



the preferred trade in the Ministry of Justice and



p. JUDra, Karl Halfara,



the preferred Department of international treaties in the Ministry of foreign



things,



The Federal Council of the Swiss Confederation:



p. Henry, Häberlina



the President of the Swiss Confederation, the preferred Federal Department



legal and police,



who, vyměnivše your power of Attorney, which were found in good and due

the form, have agreed on the following provisions:



(I).



The delivery of the judicial records; the request for legal aid.



Article 1



Mutual legal assistance includes:



and the service of judicial and extrajudicial) files, including the files of the judiciary

undeniable, especially the delivery of files relating to Community Affairs and poručenských

guardianship, as well as the Affairs of the recovery of debts and bankruptcy, things



(b) the performance of the request) for legal assistance relating to the matters referred to under lit.

and).



Legal aid will be granted, if ye have desired with nature

measures of enforcement.



Article 2



The writings, which is doručiti, as well as the request for legal aid, which is

challenge (articles 1 and 9 of the Hague Convention), will be sent to the police

the Legal Department and the Police Department of the Swiss Confederation in Bern

directly to the Ministry of Justice of the Republic of Czechoslovakia in Prague and

the Ministry of Justice of the Republic of Czechoslovakia in Prague directly

the Police Department and the Police Department of the Confederation

The Swiss in Berne. These two offices will take quick

requests the competent Swiss or Czechoslovak authorities. Returns

the requests have been disposed of or pending. These two offices will be like in their

relations of the French language exclusively.



Article 3



a) writings that is doručiti under articles 1. and 2. The Hague Convention

(single serving), is sepsati in the language of the Office in Switzerland

the applicant, in Czechoslovakia in the Czechoslovak language, or if the

the provisions in force so allow, in the language of national minorities. Writings that

jest doručiti, must be provided with a signature and seal or stamp of the authority

of the applicant. Authentication is not required.



(b)) in relation to the service referred to in article 3. The Hague Convention (delivery

in a special form), the file that is doručiti in Czechoslovakia,

drawn up in the language of the Czechoslovak or will be connected to it for translation into the

This language; the file, which is doručiti in Switzerland, will be drawn up in

the language of the requested authority of the Swiss start-up or will it

attached a translation into that language. These translations will be to request

in the State of the requesting authority requested to load.



(c)) the Swiss request for legal aid and their annexes shall be drawn up in

the official language of the Swiss Office of the applicant and provided with a translation

in the language of the Czechoslovak; Czechoslovak request for legal assistance and

the annexes shall be drawn up in the language of the Czechoslovak and fitted with

a translation in the official language of the Swiss Office of the requested. These

translations will be made to the application in the State requested to load Office

of the applicant. The request for legal aid and translation will be provided with a

signature and seal or stamp of the applicant authority. Authentication is not required.



Article 4



Delivery of documents, the performance of the request for legal aid and the translations referred to in

article. 3. this agreement cannot be denied on the grounds that the

the requesting authority the exam in advance an amount of money to cover the expenses that

should be nahraditi.



Shipping goes on the expense of the authority of the sending.



II.



Enforcement of decisions about the costs and clients.



Article 5



Decisions on costs and clients listed in the article. 18. paragraph 1. 1 and 2.

The Hague Convention, issued by courts of one of the two States will be carried out to

a direct application of the interested party within the territory of the other State in the same way,

as decisions issued by its own courts.



The application will be connected ordering part (dispositiv) decisions,

equipped with a confirmation that the acquired legal force. This certified statement shall

the Court, which handed down the decision or the Court Office in Switzerland

(greffier) of this Court. The applicant must also předložiti certified translation

These documents, in Czechoslovakia in the Czechoslovak language, in the

Switzerland in the language of the requested authority.



III.



Verification and the accompanying documents too.



Article 6



The Charter written, issued or certified by the courts of one of the two States,

If they are provided with a seal or a stamp of the Court do not need to have

be used on the territory of the other State, any verification. Between the Charter right

given also signed documents belong to the Court Office (greffier)

If the signature is sufficient under the law of the State with which the Court belongs.



The Charter written, issued or certified any central administrative authority

both States or some of the higher administrative authority equivalent Department

built by an authority or kantonálním do not need to have

to be used on the territory of the other State, any verification if they are provided with

seal or stamp of the said Office and if this Office is listed in the

the list, attached to this agreement. This list can be

whenever the changed or supplemented on the basis of common agreement and this Decree

Administrative Office.



Article 7



Public documents drawn up in the territory of one of the two States, as well as commercial

the book will be guided, there have, before the courts of the other State the same cover

power accorded to them by laws of the State from which they come. The accompanying power

However, they will be granted only to the limits accepted laws of the State of which the

the courts will be a matter of projednávati.



IV.



Legal information and communication law.



Article 8



The Department of legal and police of the Swiss Confederation and the Ministry of

Justice in the Czech Republic will be sdělovati upon request

information on the law applicable in their State.



The application must accurately indicate the legislation, about which information is requested.



Final provisions.



Article 9



This agreement shall be ratified and the ratifications shall be exchanged at Prague.



The agreement shall enter into force one month after the exchange of the ratification and shall remain in

the validity of 3 months after the dismissal, which may be given at any time.



On the conscience of the agents have signed this agreement in duplicate.



Done at Bern, 21. December in the year one thousand twenty-sixth devítistého.



Dr. Emil Spira v.r.



Dr. Karel Halfar v.r.



H. Häberlin v.r.



The additional protocol.



Agents of the parties, the agreement between the Republic of podepisujíce

Czechoslovak and Switzerland, on mutual legal assistance in matters of

Civil and commercial, they agreed to light,



1. the Trusteeship (orphan's) offices in Slovakia and Carpathian Ruthenia

are presented in the meaning of the agreement between the courts;



2. that the writings of delivery is established by mutual agreement

form, which the Police Department of the Federal Department of battle dragons

legal and police, and of the Czechoslovak Ministry of Justice.



This Protocol shall form an integral part of the agreement.



On the conscience of the agents have signed this Protocol.



Done at Bern, in two copies, on 21 February 2006. December in the year one thousand

devítistého twenty-sixth.



Dr. Emil Spira v.r.



Dr. Karel Halfar v.r.



H. Häberlin v.r.



For a list of



administrative offices, which do not need the files referred to in article 6, para. 2.

the agreement between the Republic of Czechoslovakia and Switzerland on mutual legal

assistance in civil and commercial matters of any verification.



And.



If the Czechoslovak writings:

1. the Ministry of the Interior,

The Earth's political administration in Prague, Brno, Opava,

The civil administration of Carpathian Ruthenia in Uzhhorod,

Presidio Police Directorate,

Archive of the Ministry of the Interior,



2. the Ministry of public health and physical education,



3. the Ministry of post and telegraph,

Postal cheques Act Office in Prague,

Postal and Telegraph Directorate in Prague, Pardubice, Brno,

Opava, Bratislava and Kosice,



4. the Ministry of trade,

Patent Office in Prague,



5. the Ministry of public works,



6. The Ministry of finance,



7. the Ministry of agriculture,

The Ministry of agriculture, expositura in Bratislava, Slovakia

Agricultural report when civil administration for Subcarpathia

in Uzhhorod,

The Directorate of State farms in Prague,

The Directorate of State forests in brandys n. l., Žarnovnici, Mining

Bystřice, Liptovský Hrádek, Salt Castle, Uzhhorod, Rahově and

Buštině,


The Ministerial Commission for agricultural operations in Prague,

The provincial Commission for agrarian operation in Brno and Opava,

State agriculture archive



8. the Ministry of national defense,



9. the Ministry of education and national enlightenment,

Provincial School Board in Prague, Brno and Opava,

A report of the Ministry of education and national enlightenment in Bratislava,

The Education Department of civil administration of Carpathian Ruthenia in Uzhhorod,



10. the Ministry of Foreign Affairs,

Archive of the Ministry of Foreign Affairs,



11. the Department for the supply of people,



12. the Ministry of Justice,



13. the Bureau of the Ministerial Council,



14. The Ministry of unification and organization management, zákonův



15. the Office of the Minister with the power to manage in Bratislava, Slovakia



16. The Ministry of railways,

The Directorate of the State Railways, Prague Prague-South-North, Plzeň,

Hradec Králové, Brno, Olomouc, Bratislava and Košice,



17. the Ministry of social welfare,



18. the Supreme Audit Office in Prague,



19. The State Land Office in Prague,



20. the national statistical office in Prague,



21. The Office of the President of the Republic in Prague,



22. the Office of the Chamber of deputies of the National Assembly in Prague,



23. the Office of the Senate of the National Assembly in Prague.



(B).



If the Swiss files:



(I).



Federal authorities:



Trade unions of the Federal Council, namely:



The federal political Department,



The Federal Department of the Interior,



The Federal Department of legal and police,



The Federal Military Department,



The Federal Department of finance and customs,



The Federal Department of public economy



The Federal Department of posts and railways,



The Federal Office.



II.



The cantonal authorities:



The canton of Zurich: State Office,



Canton of Bern: State Office,



Canton of Lucerne: the State Office,



Canton Uri: Professional Office,



Canton: Schwyz Cantonal Office,



The canton of Unterwalden ob dem Wald: State Office,



The canton of Unterwalden nid dem Wald: Professional Office,



Canton of Glarus: a Government Office,



Guangzhou Cug: Cantonal Office,



Canton Freiburg: State Office,



Canton of Solothurn: State Office,



Canton of Basel City: State Chancellery,



Canton of Basel Country: Regional Office,



Canton of Schaffhausen: State Office,



Canton Appenzell Ausser Rhoden: Cantonal Office,



Canton Appenzell Inner Rhoden: Landamman and professional Commission



Canton of St. Havel: State Office,



Guangzhou Grizonsko: Professional Office,



Canton Aargau: State Office,



Canton Thurgau: State Office,



Canton of Tesin: State Office,



Canton of Vaud: State Office,



Guangzhou Valisko: State Office,



Canton of Neuchatel: State Office,



Canton of Geneva: State Chancellery.



Prozkoumavše this agreement, with additional protocol and a list of any endorsement of

and we confirm it. The conscience we have signed this letter and

the seal of the Republic přitisknouti. At The Castle, Prague

on 23 December 2005. June summers devítistého one thousand twenty-sixth.



The President of the Republic:



T. g. Masaryk v.r.



L.S.



Minister of Foreign Affairs:



Dr. Edvard Beneš-v.r.



Is that the instruments of ratification were exchanged on 16.

November 1927, and that the agreement with additional Protocol shall take according to art. 9.

the scope of the month after the exchange of instruments of ratification.



Dr. Benes v.r.