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.
