The Treaty Between The Czechoslovak Socialist Republic And Spain On Legal Aid In Matters Of Identity.

Original Language Title: o Smlouvě mezi ČSSR a Španělskem o právní pomoci ve věcech obč.

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=37989&nr=6~2F1989~20Sb.&ft=txt

6/1989 Coll.



Decree



Minister of Foreign Affairs



of 15 November 2004. December 1988



the Treaty between the Czechoslovak Socialist Republic and Spain about

legal aid, recognition and enforcement of judgments in civil matters



On 4 April 2006. May 1987 was in Madrid signed the contract between the

The Czechoslovak Socialist Republic and Spain on legal aid,

recognition and enforcement of decisions in civil matters.



With the Treaty, expressed its approval of the Federal Assembly of the Czechoslovak

the President of the Czechoslovak Socialist Republic and the Socialist

the Republic has ratified it. The instruments of ratification were exchanged in Prague on

October 11, 1988.



Treaty has entered into force pursuant to article 26, paragraph 2. 2 day

on December 10, 1988. That date longer valid Agreement between the Republic of

Czechoslovak and the Kingdom of Spain on mutual legal assistance in

Civil and commercial matters of 26 May 1997. November 1927, famous for no.

18/1931 Coll., and the Convention on the recognition and enforcement of judgments of 26 November.

November 1927, renowned No 19/1931 Sb.



The Czech version of the Treaty shall be designated at the same time.



Minister:



JUDr. Johanes in r.



Contract



between the Czechoslovak Socialist Republic and Spain for legal

assistance, recognition and enforcement of judgments in civil matters



The Czechoslovak Socialist Republic and Spain,



kept the effort to further strengthen the friendly relations and cooperation between the two

States in accordance with the final act of the Conference on security and

cooperation in Europe, to facilitate its own citizens access to justice

the authorities of the other State, mutually to recognise and execute the decision issued by the

on the territory of the other State and adjust the legal assistance in the field of law

civil,



taking into account the need for deepening and simplification of legal relations

prepared by the Convention on civil procedure signed at the Hague on 1. March

1954, and other multilateral international treaties on legal assistance,

the two States are parties,



projevujíce wish to improve mutual legal cooperation so far

a modified Agreement on mutual legal assistance in civil and

commercial matters, signed at Madrid, 26. November 1927, and the Convention on the recognition of

and enforcement of judgments, signed at Madrid on 26. November 1927



have decided to conclude this agreement and to this end have agreed as follows:



Chapter I



General provisions



Article 1



(1) nationals of a Contracting Party shall enjoy in the territory of the other Contracting

by the same legal protection in personal and property matters as

nationals of the other party.



(2) nationals of a Contracting Party may, before the judicial authorities of the

the other party to perform, to defend their rights, make requests,

Petitions and remedies under the same conditions

as the citizens of the other party.



(3) the provisions of this agreement regarding State citizens of the Contracting Parties,

apply mutatis mutandis also to legal persons established under the law of

one of the Contracting Parties which have their registered office on the territory of any of the

of the Contracting Parties.



Article 2



(1) for the purposes of this agreement, the expression ' civil ' also covers things

family and business.



(2) for the purposes of this agreement, the term "judicial authority" means each State

the institution of either Contracting Party, in whose jurisdiction include

discussion of things covered by this Treaty under the law of its

State.



(3) if the implementation of this Treaty, doubts about the State

citizenship to a person, each Contracting Party shall, at the request of the other

the Contracting Parties shall, if that person is or is not its national.



Article 3



(1) the judicial authorities of the Contracting Parties in the implementation of this agreement

meet each other, through the competent central authorities, if

This agreement provides otherwise.



(2) for the purposes of this agreement, the central authorities shall mean:



and) on the side of the Czechoslovak Socialist Republic:



The Prosecutor-General of the Czechoslovak Socialist Republic,



-the Ministry of Justice of the Czech Socialist Republic,



-the Ministry of Justice of the Slovak Socialist Republic,



(b)) on the side of Spain:



the Ministry of Justice.



(3) the central authorities of the Contracting Parties used during intercourse when you

the implementation of this agreement of their official languages.



Chapter II



Legal aid in civil matters



Article 4



How to contact



(1) in order to facilitate the implementation of the Convention on civil procedure, signed in

The Hague, 1. in March 1954, the parties agree that this agreement

include the provisions laid down in this chapter.



(2) the judicial authorities of the Contracting Parties in the implementation of the Convention on the civil

management, signed in the Hague 1. in March 1954, come together in the manner specified in the

Article 3 of this agreement.



Article 5



Request



(1) the request shall contain:



the requesting authority),



(b)) the designation of the requested authority,



c) description of the case, in which legal aid is requested,



(d)) first and last names of the participants and, where appropriate, their representatives, their place of

place of residence or temporary residence, their nationality and occupation,

According to the options also date and place of their birth, and first and last names

parents; for legal persons, their name and address,



(e) the subject of the request and information) that are needed for the execution of letters rogatory.



(2) at the request of the date his copy of the manuscript will be

signed, and the latter's official stamp of the competent authority.



(3) if the address given in the request is not accurate or if the person

which the request refers, does not live at the address, the requested authority shall

steps to establish its correct addresses.



(4) after the execution of the request, the requested authority to the applicant files returns

authority. In the case that it is not possible to comply with the request, it returns the requested authority

the writings of the applicant authority and simultaneously notify the reasons for which it is not

the request can be dealt with.



Article 6



Delivery



(1) proof of service shall be sent without delay to the requesting contracting party.



(2) if it is not possible to perform the delivery, the requested Contracting Party shall notify to the

the requesting contracting party without delay of the reasons.



Article 7



The handling of the request of diplomatic missions or consular offices



The Contracting Parties may serve documents to its own citizens and

to hear it is also through their diplomatic missions or

consular posts. In these cases, may not be used for law enforcement

resources.



Article 8



Protection of witnesses and experts



(1) a person who is resident in the territory of one Contracting Party, and which is to be

heard before the judicial authority of the other Contracting Party with operations in

civil matters as a witness or expert is not bound to the

the summons of this body to appear; Therefore, the summons shall not contain

the threat of coercion, in case No.



(2) a witness or expert, whatever of any nationality, who has

stay on the territory of one of the Contracting Parties and which appear on the

the summons to a judicial authority of another Contracting Party, may not be at its

the territory of prosecuted or subjected to restriction of personal liberty for an offence which

committed before it on the basis of the summons has exceeded the State border

the requesting contracting party, cannot be enforced on it a penalty for such act

previously saved cannot be prosecuted in connection with the administration of

testimony or an expert.



(3) a witness or expert will invalidate the protection referred to in paragraph 2 of this

Article, if not leave the territory of the requesting contracting party within seven days

from the date on which the judicial authority which it called announced that his

presence is no longer required, or if he left the territory of the requesting

Contracting Party and voluntarily returned. In this period,

not including the duration for which the witness or expert is unable to leave the territory

of the Contracting Party of the reasons for it.



(4) the Summoned person shall be entitled to reimbursement of expenses for travel and subsistence, as well as

and loss of earnings, and an expert in addition to insurance. In the summons,

indicate what compensation předvolanému. At his request, he will provide

advance on the reimbursement of expenses.



Article 9



The cost of legal aid



(1) the Contracting Parties shall not require the reimbursement of expenses under the letters rogatory in addition

fees and other expenses incurred in connection with performing

evidence from expert witnesses.



(2) the implementation of the expert evidence can bind to the condition of the deposit.



(3) the requested authority shall notify the requesting authority, on request of

the costs incurred by executing the request.



Article 10



Legal information



The central authorities of the Contracting Parties to the extent this agreement will be on the

the request to provide information on the laws that apply, or

apply within their territory, as well as the texts of these regulations, and information about

the practice of the judicial authorities.



Article 11



Force and the probative power of deeds



(1) of the Charter, issued or authenticated in the prescribed form and bears

official stamp the relevant State authority or public official under

the legal system of one party in the territory of the other party do not require

the parties further validation. This also applies to signatures on papers and for

signatures that have been validated according to the rules of one of the Contracting Parties.



(2) for the purposes of this agreement, public document issued by the territory of one of


the parties will have before the authorities of the other party

the same evidentiary power as by the legislation of the Contracting Party in

the territory of which they were issued.



Article 12



The survey addresses and other data



(1) the central authorities of the Contracting Parties, on request, provide assistance in

the survey addresses of persons residing on their territory, if necessary

to enforce their State citizens.



(2) if the judicial authority of one Contracting Party are entitled to followed

maintenance against a person who is staying in the territory of the other Contracting Party,

the Contracting Party shall provide, on request, assistance in the identification of the source and

the amount of the income of that person.



Sending of documents of civil status and other documents



Article 13



(1) the Contracting Parties shall send each other's statements from the Registry Office of the birth of

marriage and the death of the State's citizens of the other party,

as well as the communication of any changes in these registers concerning

State of the citizens of the other party. These statements shall be sent immediately after the

perform the write to the Registrar's Office.



(2) at the request of one Contracting Party, the other Contracting Party shall send extracts from

the Registry Office for official use.



(3) extracts from the registry office pursuant to this article shall be sent free of charge

through the diplomatic channel.



Article 14



The application of State of the citizens of the Contracting Parties of an extract from the register or other

of the Charter concerning status can be sent directly to the competent

the registry office or a judicial authority of the other party. On-demand

documents shall be sent to the applicant by the diplomatic mission or

Consular Office of the State whose authority issued the document. The diplomatic mission

or consular post selects when you pass from the applicant a fee for

copy of the document. The provisions of article 25 of the Convention on civil procedure,

signed in the Hague 1. in March 1954, are not affected.



Article 15



The Contracting Parties shall send each other the manner referred to in article 13

paragraph. 3 this agreement copies of judgments concerning the State of

State of the citizens of the other party, which has acquired legal force.



Chapter III



Recognition and enforcement of judgments



Article 16



The Contracting Parties shall recognise and execute in its territory the decision issued by the

on the territory of the other Contracting Party:



and the decision of the judicial authorities) in civil matters;



(b)) decision of the judicial authorities in criminal matters relating to compensation for

damages and other civil claims;



(c) the decision of the arbitration authorities.)



Article 17



The provisions of this chapter shall not apply to:



and bankruptcies of the creditor) auditions, and other similar things;



(b)) decisions in matters of social security;



(c)) decision on compensation of damage caused by nuclear energy.



Article 18



For the purposes of this chapter indicates that the expression:



a) "decision"-enforceable decisions of the judicial authorities, arbitration

authorities, as well as the settlements approved by them;



(b)) "Court of origin"-the judicial authority which issued the decision about which

recognition or enforcement is sought;



(c) "State of origin")-the Contracting Party in whose territory the seat of the Court

of origin or where the decision of the arbitration body;



d) "requested court"-the judicial authority which shall decide on the recognition and enforcement of

the decision;



e) "requested State"-the Contracting Party in whose territory the recognition and

enforcement of the decision is requested.



Article 19



(1) for the purpose of this chapter is given the power of the Court of origin, provided that:



and) at the time of initiation of proceedings, the defendant had a place of residence or temporary residence in the

State of origin;



(b)) at the time of initiation of the proceedings, the defendant in the State of origin had a business,

industrial or other facilities or its branch and is in that State

sued in connection with the activities of such equipment or branch;



(c)) on the facts that caused the damage, the compensation shall

asks the application to open proceedings, occurred on the territory of the State of origin;



(d)), that the management of the immovable property concerned is situated on the territory of the State of origin;



(e) the parties negotiated in writing) the jurisdiction of the Court of origin for

disputes or disputes, which in the future could have a particular legal

the relationship arise, except in cases when the legal system of the requested State

in the subject matter does not admit any agreement on jurisdiction;



(f) the proceedings relate to the obligation) of the Treaty and the participants of the Treaty expressly

agreed that the undertaking has been or is to be fulfilled in the territory of the State of origin;



g) proceedings relate to the succession to movable assets and the deceased was at the time of death

a citizen of the State of origin.



(2) the jurisdiction of the authorities of the Contracting Parties to issue decision on maintenance with

be governed by the provisions of article 3 of the Convention on the recognition and enforcement of a decision on

maintenance obligations towards their children, signed at the Hague on 15. April 1958.



Article 20



The decisions referred to in article 16 of this Treaty, shall be recognised and enforced in

the conditions that:



and competence of the Court of origin) has been given in accordance with the provisions of article 19 of this

of the Treaty;



(b)) has power and the decision is enforceable under the laws of

State of origin;



(c)) shall not preclude the recognition and enforcement of exclusive competence of the authorities of the requested State;



d) participant against whom the judgment was given, and that the management of the

, was under the laws of the State of origin on time and properly

summoned to participate in the management and in the case of procedural incapacity was

duly represented;



e) decision does not conflict with a decision that has come into legal force and

It was released earlier in the same cause of action between the same parties to the judicial authority

of the requested State;



(f)) before the authority of the requested State does not take place between the same participants

about the same case, which was launched as the first;



g) the decision of the judicial authority of a third country, which was released in the same

between the same parties, has not been recognised or enforced in the territory of

of the requested State;



h) the requested State considers that the recognition or enforcement does not compromise its

the sovereignty or security or will not be in breach of its public

policy.



Article 21



The decision of the arbitral authorities will be recognised and enforced under the conditions

referred to in article 20 of this agreement, if:



and) decision is based on a written agreement on the jurisdiction of the arbitration

authority and issued the arbitration body is specified by the agreement, within the limits of their

permissions established by the agreement, and



(b) the agreement on jurisdiction) of the arbitration body is valid in accordance with the legal

the order of the selected participants and the rule of law has not been elected by the participants

the legal system of the requested State.



Article 22



Recognition and enforcement of a judgment may not be refused, if the only reason

denial is the fact that the Court of origin decided to score from another legal

order before they point to standards on private international law

of the requested State. Even in this case, however, recognition or enforcement of

the decision to refuse, if the Court of origin rule on the question relating to the

the status or competence of a party differently than lay down

standards that would be applied under international law

private of the requested State.



Article 23



(1) Provisionally enforceable judgments and interim measures in

the requested State recognised and enforced, although they are subject to ordinary

resources, if a similar decision may be issued in that State

and enforced.



(2) the provisional measures ordered by the judicial authority of one Contracting Party

be recognised and enforced in the territory of the other Contracting Party, even if the territory of the

that other party is proceeding between the same parties in the same

things, if the jurisdiction of the judicial authority, that interim measures

He has been given in accordance with article 19 of this agreement.



Article 24



(1) an application for recognition or enforcement of a judgment may be made directly

the requested court or competent judicial authority, which in the case

as the authority of first instance decided; in this case, the proposal shall refer the

judicial authority of the other party in the manner referred to in article 3

of this agreement.



(2) the design shall be accompanied:



and complete and according to) the legislation of one or other party

a certified copy of the decision of the Court of origin with proof of legal power and about

enforceability, if these facts does not arise from the wording of the

the decision;



(b)) a document showing that according to the law of the State of origin was the decision

duly served;



c) proof that the party against whom the judgment was given, and

who did not participate in management, was under the laws of the State of origin in time

and duly summoned to participate in the management and in the case of procedural

disability was properly represented, if it is not apparent from the very

the text of the decision;



(d)) a certified translation design and documents referred to in subparagraphs), b), and

c) of this paragraph into the language of the requested State.



Article 25



(1) the requested court is limited to establishing whether the conditions have been met

set forth in this agreement. This authority is bound by the findings of

on the basis of which the Court of origin held that its jurisdiction is given, with the

except where a decision has been issued in absentia.



(2) if the operative part of the judgment of the several parts that can be separated, you may

be one or several of them recognised or enforced separately.



(3) unless otherwise provided in this agreement, the requested court shall proceed when

recognition and enforcement of decisions under the law of his State.



Chapter IV



Final provisions



Article 26




(1) this Treaty shall be ratified. The exchange of instruments of ratification will be

performed in Prague.



(2) this Treaty shall enter into force on the sixtieth day after replacing the

instruments of ratification.



Article 27



(1) the date of entry into force of this Agreement shall cease to have the validity of the agreement between the

The Republic of Czechoslovakia and the Kingdom of Spain on mutual legal

assistance in civil and commercial matters, signed at Madrid, 26.

November 1927, and the Convention between the Czechoslovak Republic and the Kingdom of

Spanish on the recognition and enforcement of judgments, signed at Madrid

on November 26, 1927.



(2) the Protocol to the Convention on extradition and legal assistance in matters of

criminal matters, signed the agreement on mutual legal assistance in civil and

business and Convention on the mutual recognition and enforcement of judgments,

concluded and signed by 26. November 1927 in Madrid between the Republic of

Czechoslovak and Kingdom of Spain, signed 13. in August 1928

Madrid, this agreement does not apply.



Article 28



This Treaty is concluded for an unlimited period of time. Any Contracting Party may

may terminate the contract by written notification addressed through diplomatic channels.

The contract expires on the expiry of one year from the date of delivery

the testimony.



The evidence that agents of the two parties have signed this agreement and join the

his seal.



Given in Madrid on June 4. May 1987 in two original copies, each

in the English and Spanish languages, both texts being equally authentic.



For the Czechoslovak Socialist Republic:



Ing. Bohuslav Chňoupek v.r.



For Spain:



Francisco Fernández Ordoňez v.r.