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.
JUDr. Johanes in r.
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
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:
(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.
(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
(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.
(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.
Legal aid in civil matters
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.
(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.
(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.
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
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.
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.
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.
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.
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
(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.
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.
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.
Recognition and enforcement of judgments
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.)
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.
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
e) "requested State"-the Contracting Party in whose territory the recognition and
enforcement of the decision is requested.
(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.
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
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
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.
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.
(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
(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.
(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
(b)) a document showing that according to the law of the State of origin was the decision
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.
(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.
(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.
(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.
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 evidence that agents of the two parties have signed this agreement and join the
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.
Francisco Fernández Ordoňez v.r.