On The Convention On The Service Of Judicial And Extrajudicial Documents Abroad

Original Language Title: o Úmluvě o doručování soudních a mimosoudních písemností v cizině

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=35420&nr=85~2F1982~20Sb.&ft=txt

85/1982 Coll.



DECREE



Minister of Foreign Affairs



of 22 March. June 1982



on the Convention on the service of judicial and extrajudicial documents abroad in

Civil and commercial matters



On 15 December. November 1965 was negotiated in the Hague Convention on the service of

judicial and extrajudicial documents abroad in civil and

commercial.



With the Convention have expressed their approval of the Federal Assembly of the Czechoslovak

Socialist Republic and the instrument of accession of the Czechoslovak

the Socialist Republic to the Convention on the service of judicial and extrajudicial

of documents abroad in civil and commercial matters was on the

Ministry of Foreign Affairs of the Kingdom of the Netherlands on 23 December 2005. September

1981.



When you access the Convention been made this statement and raised this

objection:



a) Declaration on article 8 of the Convention, according to which they cannot be on the territory of the

The Czechoslovak Socialist Republic delivered court documents

directly through the diplomatic representatives or consular

officials of the other Contracting State, with the exception of documents that should be

delivered to a national of the State in which it was drawn up;



b) objection to article 10 of the Convention, which excludes the territory of Czechoslovakia

Socialist Republic of Vietnam service of judicial documents from another

of a Contracting State through the mail or authorized official persons;



(c)) Declaration on article 15 paragraph 1. 2 of the Convention, according to which Ms. the courts of the

issue a decision, even if they are not subject to the conditions laid down in

Article 15 paragraph 1. 1 of the Convention;



(d)) of article 29 of the Convention Declaration, according to which the Czechoslovak

Socialist Republic does not consider tied this provision that

contrary to the claims of the General Assembly of the United

Nations on the granting of independence of colonial countries and peoples of 14 December.

December 1960.



Convention entered into force pursuant to its article 27 on 10 December. February

1969. For the Czechoslovak Socialist Republic entered into force

in accordance with its article 28 on January 1. June 1982.



Czech translation of the Convention shall be published at the same time.



First Deputy:



Ing. Book v.r.



CONVENTION



on the service of judicial and extrajudicial documents abroad in matters

Civil and commercial



The Contracting States to this Convention,



Desiring to create the conditions to ensure that judicial and extrajudicial

the documents were delivered to the addressees abroad in a timely manner,



for this purpose, desiring to improve mutual legal assistance

by simplifying and accelerating the procedure for delivery,



have decided to conclude a Convention for this purpose and have agreed on the following

provisions:



Article 1



This Convention shall apply in all civil and commercial matters, which has

be a judicial or extrajudicial document sent abroad so that there was

delivered.



The Convention does not apply, it is not known if the address of the recipient of the document.



PART I



Judicial documents



Article 2



Each Contracting State shall designate a central authority that is responsible for receiving

the request for notification received from other Contracting States and deal with them according to

articles 3 to 6.



Organization of Central Authority shall be governed by the laws of the requested State.



Article 3



The authority or the authorized official person, under the law of the State concerned,

in which the document was drawn up, shall be sent to the central authority of the requested

State in accordance with the model attached to this Convention; validation or other

similar formalities are required.



The application will be accompanied by a judicial document or a copy thereof. The request and the

the annex shall be sent in duplicate.



Article 4



If the Central Authority considers that the request does not comply with the provisions of

This Convention, it shall immediately inform the applicant and shall communicate its objections to the

request.



Article 5



The central authority of the requested State shall deliver or arrange for the document

delivery



and manner laid down), either by the laws of the requested State for

service of documents drawn up in that State and the designated persons

situated on its territory.



(b)) or by a particular form requested by the applicant, if it is not in conflict with

the laws of the requested State.



With the exception of the case referred to in paragraph 1 (b). (b)), it is always permissible to

free delivery, if the addressee of the document it would be willing to voluntarily

take.



It is to be served in accordance with paragraph 1, the central authority may

request that was drawn up in the official language or one of the official

languages of the requested State, or to be in such a language translated.



Part of the request that contains the basic information about the document to be served by

the specimen attached to this Convention, shall be served with the pleadings to the addressee.



Article 6



The central authority of the requested State or another authority for the purpose requested

the State of the specified certificate shall be drawn up in accordance with the specimen attached to this Convention.



In the certificate of service will be given a form, place and destination, as well as

the person to whom the document was sent. If it has not been served,

will be listed the reasons that prevented delivery.



The applicant may request that the certificate that is not issued by a central

authority or judicial body, was one of those institutions.



The certificate shall be forwarded directly to the applicant.



Article 7



The forms according to the models appended to this Convention must always be

drawn up in the French or English language. Besides, it can be

also drawn up in the official language or one of the official languages of the State

where the document was drawn up.



The forms will be completed in the language of the requested State or, in the language of the

French or English.



Article 8



Any Contracting State may carry out the service of judicial documents to persons

located in a foreign country, without the use of coercive means to directly

through its diplomatic or consular agents

officials.



Any State may declare that it rejects this way of service on its

territory, unless the document has to be served on a national of the State where

was drawn up.



Article 9



Each Contracting State may, in addition, send judicial documents, which

are to be delivered, the consular road authorities of the other Contracting State,

that this State commissioned service.



If required by exceptional circumstances, each State party to this

the purpose of the use of the diplomatic path.



Article 10



Unless the State in which it is to be served, the objection shall not preclude the

This Convention the possibility of



and court documents were sent) to persons abroad directly by mail,



(b) the authorized official persons of the State) where the document was drawn up delivered

judicial documents directly through the authorized official persons

State in which it is to be served,



(c) persons having a legal interest) in a judicial proceeding to deliver to the Court

documents directly through the authorized official persons of the State in

which is to be served.



Article 11



This Convention shall not prevent two or more Contracting States have agreed to

on other ways of sending judicial documents, which are to be

delivered, than those that are listed in the preceding articles,

in particular, the direct contact between their competent authorities.



Article 12



The performance of the service of judicial documents drawn up in a Contracting State

There can be no obligation to pay or to pay fees or

the costs for the actions carried out by the requested State.



The applicant shall pay or pay the costs incurred by the



and the participation of an authorized official person) under the law of the requested State,



(b)) using the special form.



Article 13



The requested State may deny the request for notification, which corresponds to the

the provisions of this Convention only if it considers that the request would

prejudice to its sovereignty or security.



The request cannot be denied, if the only reason for

denial of exclusive jurisdiction in the matter in accordance with the rule of law

of the requested State or if, in accordance with this law to apply

the claim in the proceedings to which the application refers.



Denying the central authority shall inform the applicant and the reasons

therefor.



Article 14



The difficulties which might arise in connection with the sending of the judicial

documents to be served, shall be resolved through diplomatic channels.



Article 15



If should be sent abroad the summons or other document

having the same force for the purpose of service according to the provisions of this Convention

and the defendant has not appeared, the decision may not be made until

found that the document



and) was served by a method prescribed by the laws of the requested State

for the service of documents drawn up in that State and the designated persons,

which are located in its territory, or



(b)) was actually delivered to the respondent's place of residence or delivered in other

in the manner prescribed by this Convention



and that, in each of these cases was the delivery or transfer made

in a timely manner so that the respondent could defend.



Any Contracting State may declare that its courts may, regardless of the

the provisions of paragraph 1 of this article, issue a decision, even if no

certificate of service or transfer has not been received, if all the

the following conditions:



a) document was transmitted by one of the methods provided for in this Convention,




(b)), the deadline the Court deems it reasonable, but at least

six months from the date of sending the document,



(c)), and despite all efforts, it could not be reasonably incurred by the competent

the authorities of the requested State to receive the certificate.



The provisions of this article shall not preclude the Court, in case of urgency

any provisional or precautionary measures.



Article 16



If it should be sent to a foreign country for the purpose of service under the provisions of the

This Convention, summons or other document having the same force and

It was granted judgment against the defendant who did not appear, the Court may

This respondent waive the consequences of the expiry of the appeal period for the

the decision, if both the following conditions are met:



and the defendant) without his fault in a timely manner about the knew

the document, in order to defend, and a decision to revoke,



(b) the reasons why the respondent might be) justified.



Request for remission of the consequences of the expiry of the appeal period cannot be accepted,

If not filed within a reasonable time from the moment when the respondent on

the decision of the learned.



Any Contracting State may declare that this request cannot be accepted,

was made after the expiry of which shall specify, in its Declaration,

However, this period shall not be less than one year from the date of its publication in the

decision.



The provisions of this article shall not apply to decisions concerning

personal status.



PART II



Extrajudicial documents



Article 17



Extra-judicial documents drawn up by the authorities and authorized official persons

a Contracting State may be sent to the other Contracting State, that there

were served, in the manner and under the conditions laid down in this Convention.



PART III



General provisions



Article 18



Each Contracting State may designate the next to the central authority of another

authorities, with the extent of their competence.



However, the applicant is entitled to turn directly to the central authority.



The Federal States can specify several central authorities.



Article 19



This Convention shall not preclude documents received from abroad, to be

delivered on the territory of a Contracting State, the rule of law

be sent in a way that is not provided for in the preceding articles.



Article 20



This Convention shall not prevent two or more Contracting States agreed

not to apply



and article 3, paragraph 3). 2, when it comes to requiring a double copy of the

sent documents



(b) article 5 paragraph 1). 3 and of article 7, as regards the use of languages,



(c) article 5 (3)). 4,



(d)) of article 12 para. 2.



Article 21



Each Contracting State shall notify the Ministry of Foreign Affairs of the Netherlands, either

When depositing its instrument of ratification or instrument of accession or

later



a) authorities referred to in articles 2 and 18,



(b)), the competent authority for issuing the certificates referred to in article 6,



(c)), the competent authority for the receipt of documents sent by the consular

the way referred to in article 9.



Shall notify, where applicable, under the same conditions



and the opposition against the use of ways) the transmission of documents referred to in

articles 8 and 10,



(b)) the declaration under article 15, paragraph 1. 2, and article 16, paragraph 2. 3,



(c)) of any change in the designation of authorities change the objections and statements from top

referred to.



Article 22



This Convention replaces, in relations between States, which it will ratify,

articles 1 to 7 of the conventions on civil procedure signed at the Hague on 17.

July 1905 and 1. in March 1954, when these States are Contracting

some of the parties to those conventions.



Article 23



This Convention shall not affect the application of article 23 of the Convention on civil procedure

signed at the Hague on 17. July 1905, article 24 of the Convention or on the

civil procedure signed at the Hague on 1. March 1954.



Provisions of these articles, however, only apply if they are used

the same ways contact as laid down in those conventions.



Article 24



Additional agreements negotiated by the Contracting States to the conventions of 1905, and

in 1954, it can also be used for this Convention, unless the States agree to

otherwise.



Article 25



This Convention shall not affect any conventions to which the parties are or will be

States parties and which contain provisions on matters governed by this

the Convention; This is without prejudice to articles 22 and 24.



Article 26



May sign this Convention States represented on the X meeting of the Hague

Conference on private international law.



Convention shall be ratified and the instruments of ratification will be deposited at the

Ministry of Foreign Affairs of the Netherlands.



Article 27



This Convention shall enter into force on the sixtieth day after the deposit of the third

instruments of ratification, in accordance with article 26(3). 2.



Convention enters into force for each Contracting State, it will be

ratify later the day after the 60th ratification.



Article 28



Each State thanks to the X session of the Hague Conference on

private international law may accede to the present Convention after its

the entry into force in accordance with article 27, paragraph 1. 1. The instrument of accession will be

stored in the Ministry of Foreign Affairs of the Netherlands.



The Convention shall enter into force for that State, unless the State that

ratified the Convention before this approach, an objection notified to the Ministry of

Foreign Affairs of the Netherlands within a period of six months from the date of this

the Ministry announced this accession.



If no such objection has been raised, the Convention shall enter into force for

acceding State on the first day of the month following the expiration of the last

of the time limits referred to in the preceding paragraph.



Article 29



Any State may, when signing, ratifying or access, declare that

This Convention shall apply to all the territories that it represents in the international

relations, or to one or more of them. This statement takes

effect as soon as the Convention enters into force for that State.



Any such extension will then be notified to the Ministry of foreign

Affairs of the Netherlands.



Convention enters into force for the territories of which the extension refers to, 1968

the day after the notification referred to in the preceding paragraph.



Article 30



This Convention is concluded for a period of five years from the date of its entry into

force in accordance with article 27, paragraph 1. 1, even for States that it will

to ratify or to accede to it at a later time.



If the Convention is terminated, its validity is always on

the next five years.



The denunciation shall be notified not later than six months before the expiry of the

the five-year validity period of the Ministry of Foreign Affairs of the Netherlands.



Denunciation may be limited to certain territories to which the Convention applies.



Notice of termination will be effective only for the State which has notified it. For all

the other States parties to the Convention will remain in force.



Article 31



Ministry of Foreign Affairs of the Netherlands shall notify the States referred to in article

26, as well as the States that will accede in accordance with the provisions of article 28:



and the signatures and ratification) in accordance with article 26;



(b)) this date of entry into force of the Convention in accordance with the provisions of article

27 para. 1;



c) approaches under article 28 and the date, which will become effective;



d) extensions under article 29 and the date, which will become effective;



(e) the designation of authorities), objections and declarations referred to in article 21;



f) denunciations in accordance with article 30, paragraph 1. 3.



In witness whereof the undersigned, duly authorized, have signed this

the Convention.



Done at the Hague on 15 December. November 1965 in the English and French language

both texts being equally authentic, in a single copy, which

be deposited in the archives of the Government of the Netherlands, and of which a certified copy will be passed

through the diplomatic channel to each State represented at the X meeting of the Hague

Conference on private international law.



XIII.



The application form and the certificate

The REQUEST of the

about the delivery of judicial or extrajudicial documents abroad



Convention on the service of judicial and extrajudicial documents abroad in

Civil and commercial matters, signed at the Hague on 196



The identity and address of the applicant Address of the receiving authority



The undersigned applicant has the honor to submit in duplicate-and-receiving

the authority of the Charter also listed in an inventory and asking it in accordance with article 5

the said Convention, that is, in one copy left immediately forward

the addressee, i.e.. (identity and address):...............................

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

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

and) according to article 5 (3). 1 (b). and the Convention))

(b)) this special form of [article 5, paragraph 1 (b))]:*)

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

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

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

(c)), where appropriate, by passing to the addressee (art. 5 para. 2)

This authority is asked to send or send to the applicant one left

a specimen of the document-and its annexes *)-with a certificate, which is

to Verso.



An inventory of the documents

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

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

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

............................. Done at ... ... ... ... ... ...

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

............................. Signature and/or stamp

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

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

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



*) Delete where inapplicable



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WS requests



CERTIFICATE



The undersigned authority has the honour to certify, in accordance with article 6 of the abovementioned Convention,




1. the document was served (*))

- dne (datum) .................................................

-in (city, street, number)......................................

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

-one of the following forms set out in article 5:

and) pursuant to article 5 (3). 1 (b). and) of the Convention)

(b)) this special form: *).................................

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

(c)) by passing to the addressee, who voluntarily accepted.)



Documents mentioned in the request were passed:

-(the identity and signature of the person)..................................

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

-relationships, authority or subordination of relatives and others with

the addressee of the document:........................................

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



2. that the document has not been served, and for the following reasons: *)

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

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

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



Pursuant to article 12 paragraph 2. 2, of the Convention, the applicant requests that the

paid or replaced, the cost breakdown is shown in the

the enclosed statement.)



Annex

Sent of the Charter:...............

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

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

Any evidence of delivery: .... Done at ..., on........

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

................................ Signature and/or stamp

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



*) Delete where inapplicable

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Basic information about the document



Convention on the service of judicial and extrajudicial documents abroad in

Civil and commercial matters signed at the Hague on ... ... 196.

(article 5 (4))



The name and address of the requesting authority:................................

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

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

The identity of the party: *) ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

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

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



Judicial document **)



The nature and subject matter of the document:.....................................

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

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

The date and subject, where appropriate, the amount in dispute:........

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

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

Date and place of the appearance of the meeting: * *).........................

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

The judicial authority which issued a decision: **).......................

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

The date of the decision: **).............................................

The time limits set in the document: **).................................

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



Extrajudicial document **)



The nature and subject matter of the document:.....................................

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

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

The time limits set in the document: **).................................

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

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



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*) The identity and address of the person concerned on the handover of the documents,

If such a person.

**) Delete where inapplicable.