3/1978 Sb.
DECREE
Minister of Foreign Affairs
of 12 October. January 1978
the Treaty between the Czechoslovak Socialist Republic and the Republic of Bulgaria
the people's Republic on legal aid and settlement of legal relations in matters of
civil, family and criminal matters
On 25 April. November 1976 in Sofia has been signed the contract between the
The Czechoslovak Socialist Republic and the Bulgarian folk
Republic on legal aid and settlement of legal relations in matters of
civil, family and criminal matters.
With the Treaty, expressed its approval of the Federal Assembly of the Czechoslovak
Socialist Republic and the President of the Republic has ratified it.
The instruments of ratification were exchanged in Prague on 7. December 1977.
According to article 89, the Treaty entered into force on 6. January 1978.
The Czech version of the Treaty shall be designated at the same time.
Minister:
Ing. Chňoupek v.r.
CONTRACT
between the Czechoslovak Socialist Republic and the Bulgarian folk
Republic on legal aid and settlement of legal relations in matters of
civil, family and criminal matters
The President of the Czechoslovak Socialist Republic and the Council of State
The people's Republic of Bulgaria,
guided by the desire to further develop the friendly relations between the two States in accordance
with the Treaty of friendship, cooperation and mutual assistance between the
The Czechoslovak Socialist Republic and the Bulgarian folk
Republic of 26 March. April 1968 and
in an effort to deepen and improve their mutual relations in the field of
legal relations, which have been modified by the Treaty between the Czechoslovak
Republic and the people's Republic of Bulgaria on judicial assistance in matters
Civil and criminal from day 13. April 1954
they decided to negotiate this contract.
To this end, have designated their agents:
The President of the Czechoslovak Socialist Republic
Dr. Jan Němec,
the Minister of Justice of the Czech Socialist Republic,
The State Council of the people's Republic of Bulgaria
The Light Daskalovou,
Minister for Justice, the people's Republic of Bulgaria,
who, having exchanged their full powers, found in due and proper form,
have agreed as follows:
PART I
General provisions
Article 1
The legal protection of
(1) nationals of a Contracting Party shall enjoy in the territory of the other Contracting
the parties the same rights and the same legal protection in personal and property
matters as its own nationals.
(2) to exercise your rights and interests may nationals of one Contracting
the parties appear before the judicial authorities (courts, public prosecutor's Office, State
notarial offices) as well as other authorities of the other Contracting Party, to the scope of the
include things that are the subject of this agreement, under the same conditions
as its own nationals.
(3) the provisions of paragraphs 1 and 2 of this article shall apply, mutatis mutandis, to the
of the legal entity.
Article 2
Legal aid and how to contact
(1) the judicial authorities of the Contracting Parties shall provide each other the legal
assistance in matters of civil, family and criminal matters.
(2) other bodies involved in matters of civil, family and criminal matters have
provide legal assistance through the judicial authorities.
(3) the Judicial authorities in the provision of legal assistance to meet between
them, unless otherwise provided in this Treaty, through its
the central authorities.
(4) the central authorities within the meaning of this agreement are by the
The Czechoslovak Socialist Republic: Attorney-General
The Czechoslovak Socialist Republic, the Ministry of Justice
The Czech Socialist Republic and the Slovak Ministry of Justice
Socialist Republic of Vietnam; on the part of the people's Republic of Bulgaria: main
the Prosecutor's Office the people's Republic of Bulgaria and the Ministry of Justice
The people's Republic of Bulgaria.
(5) the parties will provide each other with legal aid performance
the individual procedural acts, especially writing, sending and
delivery of documents, carrying out inspections, assembling, disassembling and finished
factual evidence, expert reports, interrogation of the participants,
the accused, witnesses and experts, the hearing of the parties and other persons, performance
decision, the release of the offender, etc.
Article 3
The contents of the request for legal aid
(1) the request shall contain the designation of the applicant authority, the requested
authority, case in which legal aid is requested, the names of the parties, their
citizenship, occupation and place of residence, the names of their representatives, as well as
the type of the requested legal aid.
(2) on request in criminal matters should also be given a description and indications
of the offence and the date and place of birth of the accused.
(3) the request will be provided with an original signature and official seal.
(4) the Request for notification shall contain (i) the exact address of the recipient and the type of
to be served.
(5) when a request for legal assistance, parties may use the forms
the text of which will be mutually agreed.
The method of execution of the letters rogatory for legal assistance
Article 4
(1) when dealing with the request for legal aid it's the authority of the requested
the Contracting Parties of their own legislation.
(2) if the authority to which the request was sent, the competent, it shall
request to the competent authority.
(3) if it is not known the exact address of the person referred to in the request, the authority
the requested Contracting Party shall take the necessary measures to determine the address.
Unable to find the address, it shall inform the applicant authority and at the same time
the request for legal aid returns.
(4) On the request of the authorities of the requesting contracting party, the authority of the requested Contracting
in a timely manner, the Parties shall communicate to the applicant authority and the interested parties to place and
the performance of the request.
(5) after the execution of the request, the requested authority to the applicant files returns
authority; in cases where it was not possible to comply with the request, it returns the
writings and at the same time shall communicate the reasons which prevent the execution.
(6) the requested authority shall in the manner prescribed in his own delivery
the legal order, if the document is written in the language of the requested Contracting
party or is accompanied by a certified translation into that language. Otherwise,
delivers the document to the addressee by the requested authority, if it is willing to
voluntarily accept. At the request of the applicant authority may, however, use
How to deal with it, that is listed in the request.
Article 5
Delivery confirmation signed by the beneficiary is established and provided with the official
seal, date, and signature evidencing the authority or the certificate issued by the
that authority, certifying the way, place and time of delivery. If
to be served be sent in duplicate, the confirmation of the
acceptance and delivery of the decision on the other copy can also be done.
Article 6
Delivery of own nationals
(1) the Contracting Parties shall have the right to deliver the instrument its own State
citizens through their diplomatic missions or consular
authorities.
(2) when such delivery shall not be imposed coercive measures.
Article 7
Refusal of legal aid
The competent authorities of the requested Contracting Party may refuse to provide
legal assistance in the event that the provision has been infringed its
the sovereignty or security.
Article 8
The cost of legal aid
(1) for the execution of letters rogatory for legal aid will not be Contracting Parties
requesting a refund of costs. These costs shall be borne by the requested Contracting Party.
(2) the applicant authority, the requested authority shall notify the amount of the costs referred to in
paragraph 1 of this article. In the event that the requesting authority selects the
costs from the person who is required to pay, the amount will remain selected
the party under whose authority is chosen.
Article 9
Immunity of the experts and witnesses
(1) a witness or expert who is summoned he received authority
the requested Contracting Party arrives before the authority of the requesting contracting party,
without regard to the citizenship is not subject to prosecution at its
territory, or enforcement of the sentence imposed for the offence committed by him before the
crossing its border.
(2) the immunity of witness or expert shall cease, do not leave the territory of the requesting
the Contracting Parties shall, within one week from the date on which the authority which it called
He said that his presence is not necessary. This time limit does not count
the period in which the witness or expert is unable to leave the territory of the requesting contracting
the parties of the reasons that there are independent.
Article 10
The validity of documents
(1) a document issued or certified in the prescribed form with the official
the seal of the Court, the State notary (public authority) or an official
(interpreter, expert) of one Contracting Party in the territory of the other, do not require
the Contracting Parties further verification. The same applies to signatures on papers and
signatures that have been validated according to the rules of one of the Contracting Parties.
(2) of the Charter, which apply to the territory of one Contracting Party shall be construed as
the public have in the territory of the other party supporting the power of public
of documents.
Article 11
Legal information
The central authorities of the Contracting Parties will inform each other about the
legislation that applies or apply in their territory and on the
legal issues.
Article 12
The language of the
In their mutual relations are used by the Czechoslovak authorities of Czech language
or the Slovak or the Russian and Bulgarian language of the Bulgarian authorities
or Russian.
Article 13
Exemption from the certainty on costs and to pay the costs
From State of the citizens of one of the Contracting Parties, who act before the
the Court of the other Contracting Party and who is present on the territory of one of the
the Contracting Parties shall not be required to advance on costs only from
because they are foreigners and that do not have a domicile or residence in the territory of
the Contracting Parties shall, before the Court.
To enable the enforcement of decisions on costs
Article 14
(1) If a party exempt under article 13 of this Treaty
a final decision on the territory of a party to pay the costs
the court proceedings, the other party shall authorise the competent court in the territory of the other
the Contracting Parties on the draft enforcement free of charge for the recovery of these
costs.
(2) the legal costs are calculated and the costs associated with the translation and
verification of documents referred to in article 15 of this Treaty.
Article 15
(1) a court that orders the enforcement of a judgment for costs, limiting its
examination only, whether the decision took legal force and that it is
enforceable.
(2) the application for enforcement of a decision shall be accompanied a copy of the part of the decision
containing a statement of costs, the Court-validated degree and further confirmation
the same court that issued the decision is final and enforceable. These
documents must be accompanied by a translation, taken pursuant to article 4
paragraph 6 thereof, in the language of the Contracting Party in whose territory the
has the power to do this.
(3) the authority of the Contracting Party in whose territory they were backed up costs
State requests the competent court of the other Contracting Party, the cost and
charges elicit. The selected amount, the Court shall deliver a diplomatic mission or
consular post of the other Contracting Party.
Article 16
(1) a petition for judicial enforcement of a decision for the costs to be
carried out on the territory of the other party, may be filed with the Court that issued the
decisions on costs or in court, in a case decided in the instance.
(2) the Court referred to in paragraph 1 of this article shall send the draft to the competent
the Court of the other Contracting Party, in the manner referred to in article 2, paragraph 3
of this agreement.
Article 17
The Court will discuss the proposal for enforcement for the costs of proceedings without a hearing
of the participants, even if the appellant took an advance on the costs of enforcement
control. The decision on the regulation or its refusal is
subject to appeal under the law of the Contracting Party on whose
territory on the proposal.
Exemption from fees and advances
Article 18
Nationals of one Contracting Party shall be exempt from the fees, charges and
the costs of the proceedings before the judicial authorities of the other Contracting Party and shall enjoy and
free legal assistance under the same conditions and in the same range as the State
the citizens of that Contracting Party.
Article 19
(1) a certificate of personal, family and financial circumstances, shall be issued by
the competent authorities of the Contracting Party in whose territory the applicant has its
residence or stay.
(2) if the person who wishes to benefit from facilitations, place of residence or stay on the territory of the
one of the parties, the certificate may be issued diplomatic missions
or consular authority of the State of which he is a citizen.
(3) the judicial authority which issued a decision on the relief referred to in article 18
This agreement, it may request additional information from the authority that
issuing the certificate.
Article 20
Where the competent court fee waivers to citizens of other
the Contracting Parties, this applies to all acts in the proceedings on
enforcement proceedings.
Article 21
If a State citizen of one of the Contracting Parties a claim for relief
in accordance with article 18 of this agreement, the competent authority of the other Contracting
the parties may do so before the competent authority according to the place of his
residence or stay. That authority shall forward the application, together with the certificates
issued pursuant to article 19 of this agreement, the competent authority of the other Contracting
party.
Article 22
If the State is a citizen of either Contracting Party shall be obliged to pay the fees and
the costs to the authorities of the other Contracting Party, in whose territory does not have
resident shall give him a time limit that is sufficient to
the payment of such fees, and court costs.
Sending of documents of civil status and other documents
Article 23
(1) the Contracting Parties shall send each other's statements from the registry office, on
entries on State citizens of one of the contracting parties does
the other Contracting Party. Statements will be sent immediately after registration
in the registry office, free of charge through the diplomatic channel.
(2) the registry offices of the two parties shall send, at the request of courts and offices
the other Contracting Party requested listings for official use free of charge.
(3) the applications State of the citizens of the Contracting Parties to send the extract of the registry office
can be sent directly to the competent authority of the other Contracting Party. On-demand
the documents will be sent to the applicant by the diplomatic mission or
consular post of a Contracting Party, the authority which issued the document.
The diplomatic mission or consular post selects from the applicant at the same time
the fee for a copy of the document.
(4) if they are in one of the Contracting Parties made additional
registrations, changes or corrections in the personal status of the citizens of the other Contracting State
Parties, the authorities of that Contracting Party shall send a copy of or an extract from the registry
write with your changes and corrections.
Article 24
The Contracting Parties shall send each other copies of the final decision,
relating to the status of State citizens of the other party. In
These decisions should also be given information on citizenship
the person to whom the decision relates to.
Article 25
The application of State of the citizens of one of the Contracting Parties on the issue and sending the
documents about education, about seniority or other instruments of personal
or property rights and interests of the citizens of the State will be sent
authority of the other Contracting Party through the diplomatic channel. Fees or
the cost, if selected, will be selected by the authorities of the requesting contracting
the parties and the left to their account.
Article 26
The survey addresses and other data
(1) the judicial authorities of the Contracting Parties, on request, provide assistance in
the survey addresses of people staying in their territory, if it
needed to enforce their State citizens.
(2) if the judicial authority of one Contracting Party are entitled to followed
maintenance against the debtor, who is staying in the territory of the other Contracting
the Parties shall provide the judicial authority of that Contracting Party at the request of assistance
When the findings of the Organisation for which is mandatory, is employed, as well as the amount of
earnings, which this organisation is achieving.
PART II
Civil and family
Title 1
Case status
Article 27
Eligibility for the rights and legal capacity
(1) the capacity of natural persons, rights and legal capacity shall be governed by
the legal order of the Contracting Parties in which the citizen is a person.
(2) the capacity of a legal person to the rights governed by the legislation of the Contracting
the parties, by which it was established.
Article 28
Declaration of death and proof of death
(1) the Declaration of death and proof of death, the competent court of the Contracting
the parties, in which the person was a citizen at the time of the last report about her.
(2) the courts of one Contracting Party may be declared dead,
or do the proof of death, at the request of the person who is living on its territory on the
the basis of the legal relationships based on the laws of that Contracting
party.
(3) in the cases referred to in paragraphs 1 and 2 of this article shall apply
the competent court of the legal order of the Contracting Party whose nationality
the person was at the time the last message was still alive.
(4) the provisions of the preceding paragraphs of this article shall apply mutatis mutandis
on declared missing, if the legal system of the requested Contracting
the Party governs.
Waiver and limitation of competence to perform legal acts
Article 29
Unless this agreement provides otherwise, is for deprivation of and restriction
competence to perform legal acts, the competent court of the Contracting Party in which the
a citizen is a person whose capacity is proposed; Court
in doing so, it's the law of that Contracting Party.
Article 30
(1) if the Court of one Contracting Party finds that the State citizen
the other party who has his domicile or residence in its territory, are
the reasons for deprivation or restriction of legal capacity, the
report to the competent court of another Contracting Party. In urgent
cases can take temporary measures necessary to protect this person
or its assets. These measures shall report to the Court of the Contracting
Parties, of which the person is a citizen.
(2) if the Court of the contracting party to which the message was submitted by
the provisions of paragraph 1 of this article, the procedure itself takes up to 3 months
or does not respond within this period, the procedure for deprivation or limitation of
competence to perform legal acts, the Court performs a Contracting Party on whose
the territory of this person has residence or stay. Deprivation or limitation of
competence to perform legal acts may in these cases speak only of
the reasons which are set out the laws of both Contracting Parties.
The decision on the deprivation or limitation of competence to perform legal acts will be
sent to the competent court of another Contracting Party.
Article 31
The provisions of articles 29 and 30 of this agreement are to be applied mutatis mutandis when
return of the competence to perform legal acts.
Title 2
The case family
Article 32
The conclusion of the marriage
(1) a marriage is governed by the terms and conditions for each person who wants to
to marry, the legislation of the Contracting Party of which he is a
citizen.
(2) the provisions of paragraph 1 of this article shall not preclude the application of a legal
the order of the Contracting Party in whose territory the marriage is concluded, as regards the
the circumstances that is exclusive of the marriage.
(3) the form of the marriage is governed by the legislation of the Contracting Party in
whose territory the marriage is concluded.
Article 33
Personal and financial circumstances of the spouses
(1) personal and financial circumstances of the spouses who are nationals of one of the
of the Contracting Parties are resident in the territory of the other Contracting Party,
governed by the legislation of the Contracting Party of which they are nationals.
(2) if one of the spouses is a citizen of one party and
the second citizen of the other Contracting Parties is governed by their personal and
matrimonial property legislation of the Contracting Party in whose territory the
or last had a common habitual residence.
(3) in the cases referred to in paragraphs 1 and 2 of this article shall be
the courts of both Contracting Parties. The provisions of article 34 paragraph 6
This Treaty shall apply mutatis mutandis.
Article 34
Divorce
(1) for obtaining a divorce by the laws of the Contracting Party whose national
citizens are married at the time of submission of the proposal.
(2) if one of the spouses is a national one, and the other a citizen of
the other party used by the Court in which the proceedings for divorce takes place,
own legislation.
(3) for distribution in accordance with paragraph 1 of this article, the Court that has jurisdiction
the Contracting Party of which they are nationals of the spouses at the time of
the proposal. If both spouses at the time of the design of their place of residence on the territory
the other Contracting Party, and the Court has jurisdiction.
(4) for distribution in accordance with paragraph 2 of this article, the Court that has jurisdiction
the Contracting Party in whose territory the spouses have their domicile.
(5) if one of the spouses is their residence to the territory of one and the other, to the territory
the other Contracting Party, it is for the distribution of powers to the courts of both
of the Contracting Parties.
(6) if the proceedings in the Court of one Contracting Party, not about the same
things a Court of another Contracting Party. The Court with which it has been
proceedings on the same matter later, for these reasons, control stops.
Article 35
Determine that there is or is not a marriage and nullity of marriage
(1) a determination that there is or is not a marriage or annulment
marriage for lack of conditions for marriage are governed by the
the legal order, which should be applied according to article 32 paragraph 1 of this
Of the Treaty.
(2) determine that there is or is not a marriage and annulment
marriage for violation of the forms of marriage shall be governed by
regulations in force in the place where the marriage was contracted.
(3) to determine the jurisdiction of a court shall apply mutatis mutandis the provisions of article
34 of this agreement.
Article 36
Legal relations between parents and children
(1) the recognition, detection and denial of paternity or maternity, the findings
governed by the legislation of the Contracting Party whose nationality the child in
the time of birth. For the management of the Court of the Contracting Party on whose
territory child lives at the time of initiation of the proceeding.
(2) as regards the form of the acknowledgement of paternity will suffice, if it was effected
under the law of the Contracting Party on whose territory became a manifestation of
will.
(3) other legal relations between parents and children, in particular education and
nutrition of a child are governed by the legislation of the Contracting Parties, which
child is a citizen. For the control of the competent authority of the Contracting Party
where the child is living at the time of initiation of the proceeding.
Article 37
The maintenance obligation
(1) the obligation under the law of the family shall be governed by the laws of the
the Contracting Party whose nationality is the one who is entitled to maintenance.
(2) in the cases referred to in paragraph 1 of this article the Court
the Contracting Party in whose territory the beneficiary resides.
Article 38
Adoption
(1) Adoption shall be governed by the laws of the Contracting Parties, which
the adoptive parent is a citizen at the time of the initiation of the adoption.
(2) to acquire the consent of the child must be given, as well as other people and
authorities, if required by the legislation of the Contracting Party which
their child is a citizen.
(3) if the child is osvojováno the spouses, one of whom is a citizen of
of one party and the other a citizen of another Contracting Party, shall
be fulfilled conditions laid down by the laws of both Contracting Parties.
(4) to the adoption of the competent authorities of the Contracting Party which
the adoptive parent is a citizen. In the case of paragraph 3 of this article are relevant
the authorities of the Contracting Party in whose territory the spouses or the last should
the common place of residence.
(5) the provisions of the preceding paragraphs of this article will apply mutatis mutandis
also used when revocation of adoption.
Guardianship and custody
Article 39
(1) in matters of guardianship and custody over the nationality of the Contracting
the parties are competent, if provided in this agreement is something else,
the authorities of the Contracting Party of which a citizen is a person that should be
guardianship or guardianship is established.
(2) the establishment and termination of guardianship and custody is governed by the laws of the
the Contracting Party whose nationality a person is to be
guardianship or guardianship is established.
(3) legal relations between the guardian and trustee, as well as between
guardian and ward is governed by the legislation of the Contracting Party whose
the authority has set up a guardianship or custody.
(4) the obligation of taking over guardianship or custody is governed by the legal
regulations of the Contracting Party of which a citizen is a person who is to become
the trustee or guardian.
(5) If a poručenec or guardianship resides in the territory of one of the
the Contracting Parties may be designated as a guardian or guardian and
nationals of the other party, provided that he resides in the
the territory of the other party, where it has guardianship or guardianship
to carry out its provisions and that best suits the interests of the ward's or
the ward.
Article 40
(1) If you need to poručenských or of the guardianship measures to protect
the interests of the State of the citizen of a party whose place of residence or stay
the property is in the territory of the other Contracting Party, it shall advise the authority of the
the contracting parties without delay to the competent authority referred to in article 39 paragraph 1
of this agreement.
(2) in urgent cases, the institution of the other party to make
appropriate provisional measures according to its own legal order, however, must
about without delay notify the competent authority in accordance with article 39 paragraph 1
of this agreement. Such measures will remain in effect until another
the decision of that authority.
Article 41
(1) the authorities of either Contracting Party, in which the citizen is one who
needs guardianship or custody may apply to the authorities of the other
the Contracting Parties to establish a guardian or a guardian or to
take interim measures, if this person has residence or stay on
the territory of that Contracting Party. The requesting authorities shall notify the corresponding authorities of the
the provisions of the guardian or guardian or of the making of the provisional
measures.
(2) the competent authority in accordance with article 39 paragraph 1, this agreement may
transfer the management of guardianship or custody on the authority of the other Contracting
Parties, if poručenec or guardianship resides or stays on
the territory of that Contracting Party. The delegation will become effective when the requested
the management authority of guardianship or custody of the applicant authority takes over
advise.
(3) the Authority which has taken over pursuant to paragraph 1 of this article, the management
guardianship or custody, it leads under the law of their
State; it, however, as regards the eligibility to rights and legal
enjoy the rights of the Contracting Party whose nationality is poručenec or
guardianship. Decisions relating to personal status, it is not
entitled to; However, it can grant consent for marriage, which is
According to the law of the Contracting Party of which he is poručenec or
guardianship citizen.
Title 3
Property
Article 42
Form of legal acts
(1) the form of legal acts shall be governed by the laws that apply to the
the legal act itself. However, if they are retained, the legislation
valid in the place of the Act.
(2) the form of legal acts relating to real property, shall be governed by the laws
regulations of the Contracting Party in whose territory the property is.
Article 43
Real estate
Rights in rem in immovable property shall be governed by the laws of the Contracting Party in
whose territory the property is situated, and to decide on them is the competent authority
of that Contracting Party.
Article 44
Provisions on compensation for damage
Obligations of the unlawful acts or from other events, in which arises
the obligation to compensate for damage, are managed by the laws of the Contracting Parties,
where such act or event. The Court of such a Contracting
party. The sufferer may also bring an action in the courts of the Contracting Party
whose territory the defendant is domiciled or in the courts of the Contracting Party
whose territory the assets of the defendant.
Title 4
Things inheritance
Article 45
The principle of equality
(1) nationals of a Contracting Party may acquire assets or other
rights in the territory of the other party or by inheritance from the will for
the same conditions and to the same extent as its own nationals.
(2) the nationals of one Contracting Party may dispose of her in his will
assets located in the territory of the other party.
Article 46
Application of the law
(1) ratios of inheritance are governed by the legislation of the Contracting Parties, which
the testator was a citizen at the time of death.
(2) the right of succession to immovable property shall be governed by the legislation of the Contracting
the party in whose territory the property is.
Article 47
Deaths
If under the law of a Contracting Party, which governs inheritance
ratios, not heirs, commits to movable property, the Contracting Party in which the
the testator was a citizen at the time of death, real property Contracting
the party in whose territory the property is.
Article 48
Last will and Testament
(1) the capacity to establish or revoke a will, as well as the legal consequences of defects
the will and its expression are governed by the legislation of the Contracting Party in which the
the deceased was a national at the time the will is established or set aside.
(2) the form of a will is governed by the legislation of the Contracting Parties, which
the testator was a citizen at the time the will is established. However, if the
it progressed under the law of the Contracting Party on whose territory has been
will set up. The same applies for the revocation of a will.
Article 49
The publication of the will
The publication of the will is the competent authority of the Contracting Party in whose territory the
will is. The authority competent to discuss heritage should be sent
a certified copy of the will, and the Protocol on its publication and on request
the original of the will.
Article 50
Jurisdiction in matters of succession
(1) for consideration of movable heritage is, with the exception of the case referred to in
paragraph 4 of this article, the competent authority of the Contracting Party in which the
the testator was a citizen at the time of death.
(2) to discuss the succession to immovable property is the competent authority of the Contracting
the party in whose territory the immovable property is situated.
(3) the provisions of paragraphs 1 and 2 of this article applies also to the consultation
Probate disputes.
(4) if the testator, who was a citizen of one of the Contracting
the party was the last residence in the territory of the other party, may
the heirs, who are domiciled or resident in the territory of that Contracting Party,
apply within 6 months after zůstavitelově death, to movable heritage
located on this territory has been discussed by the competent authority of the
the Contracting Parties. If, within 3 months from the notification of such a request,
None of the heirs raises no objection, the request has been granted.
(5) an assessment of whether it is a movable or immovable property, shall be governed by
regulations of the Contracting Party, where the property is located.
Article 51
Measures to ensure the heritage
(1) the authority of the Contracting Party in whose territory the national inheritance citizen
the other Contracting Party, shall make under the law of your State measures
necessary to ensure the heritage and to manage it. The competent authorities of the Contracting
the parties will proceed, even in cases when such heir comes in
account of national of the other party.
(2) the measures which have been taken pursuant to the provisions of paragraph 1 of this
Article, you need to inform the diplomatic mission or consular post of the second
the Contracting Parties may, in the performance measures to ensure heritage
directly or through the agent interact. To their design
can be made of the measures postponed, amended or repealed.
(3) at the request of the authority competent to discuss the legacy of the measures
made pursuant to the provisions of paragraph 1 of this article is modified or
cancelled.
Article 52
The announcement of the death of the testator
(1) the death of a national of one Contracting Party in the territory of the other Contracting
the parties, the competent authority shall immediately notify the diplomatic mission or
consular post of the Contracting Party whose nationality was
the deceased, and shall communicate all that is known about him, dědice, about their home,
heritage, wills, as well as of those who were listed in the will, if
they live. The competent authority shall also submit, if it is known that the deceased
He left a legacy in a third State.
(2) If, at the opening of succession on the territory of one of
of the parties that the heirs or those who were listed in his will, are
nationals of the other Contracting Party and that lives there, that the competent authority
After the opening of succession shall immediately communicate to the diplomatic mission or
consular post of the other Contracting Party.
Permission of the diplomatic mission or consular post in matters of succession
Article 53
In matters of succession including inheritance disputes are diplomatic missions and
consular authorities of the Contracting Parties shall be entitled to be represented without a special full
be able to before the authorities of the other Contracting Party to its own citizens, if these
are absent and has failed to appoint a representative.
Article 54
The death of a national of one Contracting Party at the time of temporary stay on
the territory of the other Contracting Party, the things that he was carrying, without further
the management and payment of its debts, surrendered along with their list of
the diplomatic mission or consular post of a Contracting Party, of which he was
citizen.
Article 55
Editions heritage
(1) If a movable heritage, or the proceeds from the sale of movable or
immovable heritage is to be issued after consulting the heritage of the heirs, who
they have their domicile or residence in the territory of the other party, and if it is not
possible inheritance or proceeds to issue the right heirs or his
agents, the diplomatic mission or consular post of the
the Contracting Parties.
(2) Heritage, pursuant to paragraph 1 of this article shall issue:
and if they are secured or) paid all claims of creditors,
who have signed up at a certain time according to the law of a Contracting
Party on whose territory the heritage,
b) if they have been paid or secured all outstanding fees and
taxes,
(c) if the competent authorities have given) their consent to the export of movable property, and to
the conversion of the amounts received from the sale.
Top 5
Recognition and enforcement of judgments
Article 56
(1) the Contracting Parties shall, under the conditions laid down in this agreement and acknowledge
shall carry out in its territory the decision issued on the territory of the other Contracting
Parties:
and the decision of the courts in matters) civil and family, as well as the Court of
settlements concluded in these matters of law related claims,
(b)) decisions of courts in criminal matters on compensation and other
civil claims.
(2) A judicial decision within the meaning of the provisions of paragraph 1 of this article
the decision on the inheritance by also issued by the authority of one of the Contracting
the parties, the competent under the law of that Contracting Party to
discussing things inheritance.
(3) the decision in the other provisions of this section, consider whether or not
settlements referred to in paragraph 1, item a) of this article.
Article 57
Final decisions in civil and family matters of
non-property relations, issued by the judicial authorities of one
the Contracting Parties, are recognized on the territory of the other Contracting Party for
the condition that the judicial authorities of the other Contracting Party have not issued before the
the decision on this issue, or if the question under this agreement in
exclusive powers of the judicial authorities of that Contracting Party.
Article 58
The decisions referred to in the provisions of article 56 of this agreement will be recognized and
exercised under the conditions that:
and) the decision is final and enforceable under the law of a Contracting
Party on whose territory it was issued,
(b)) the Court of the Contracting Party in whose territory the decision could in
judgment under this agreement or under the law of a Contracting
the party in whose territory the recognition or enforcement is sought,
c) participant against whom the judgment was given, although control
, was a timely and duly invited to participate in the proceedings pursuant to rule
the order of the Contracting Party in whose territory the decision was issued, and in
the case of procedural incapacity has been properly represented,
(d)) about the same between the same participants have previously been issued a final
decisions by the Court of the Contracting Party in whose territory the decision is to be
recognised and enforced.
Article 59
To recognition and enforcement is the Court of the Contracting
the party in whose territory the decision is to be recognised or enforced.
Article 60 of the
(1) an application for recognition or enforcement may be filed
directly to the Court of the Contracting Party in whose territory it is to be
the decision recognised or enforced or at the Court which ruled on the matter in
I. the degree; in this case, the proposal shall be referred to the Court of the other Contracting
the parties in the manner prescribed under the provisions of article 2 of this Treaty.
(2) it is necessary to attach to the proposal:
and a certified copy of the decision), along with proof of legal power and
enforceability, if it is not apparent from the decision itself,
b) proof that the party against whom the judgment was given, and
that procedure did not attend, was timely and duly summoned,
c) certified translation design and documents referred to in points (a) and (b)) of this)
paragraph into the language of the requested Contracting Party.
Article 61
(1) The proceedings for recognition and enforcement, on the performance of
decisions and remedies to protect against performance will be
applied to the law of a Contracting Party in whose territory the
performed these feats. Substantive and territorial jurisdiction is governed by the law
the legislation of that Contracting Party.
(2) the Court which decides on the writ, shall be limited to the determination of whether
the conditions referred to in the provisions of articles 56 and 58 of this
Of the Treaty, and if it finds that these conditions have been met, the performance of the orders.
(3) If, in the territory of the Contracting Party of which the Court has issued a decision, performance
postponed because of proceedings have been initiated for the purpose of cancellation or change
the enforcement decision, and if there was already a decision on enforcement issued will be
postponed enforcement of the judgment in the territory of a Contracting Party, the authority has
the decision to perform.
(4) before issuing a decision on the recognition and enforcement, the Court may,
If it considers it necessary, summon the parties to the proceedings. The Court can also
request further information from the Court that issued the decision.
Article 62
(1) in the performance of the decision will be applied to the law of a Contracting
Party on whose territory the decision is enforced.
(2) the debtor may lodge an objection to the enforcement of a decision, if it is
permissible under the legislation of the Contracting Party whose decision the Court
It has issued.
Article 63
The provisions of this Agreement shall not affect the enforcement of the legal
regulations of the Contracting Party with respect to the money transfer or export things
the obtained performance.
Article 64
(1) in proceedings for the recognition and enforcement of decisions on maintenance for minors
the Contracting Parties shall ensure that the procedure was done with accelerated so that
achieve the objectives for which it was given.
(2) an amount of money, obtained by enforcement proceedings, as well as the amount of
a mandatory composite, on a voluntary basis at the time as short as possible will be transferred to the
the disposition of the Contracting Party in whose territory the person concerned resides.
PART III
The criminal case
Article 65
The obligation of extradition
(1) the Contracting Parties undertake, in accordance with the provisions of this Treaty to the
the request will be issued to each other to perform a criminal prosecution or the execution of
the punishment of the person residing on their territory.
(2) release to perform a criminal prosecution is only permissible for criminal
actions for which may be imposed under the law of both Contracting Parties,
imprisonment for a period exceeding one year, or a punishment heavier.
(3) release to the enforcement of the sentence is permissible only for offences punishable under the
the rule of law both Contracting Parties for which the requested person was extradited
sentenced to imprisonment for at least one year, or to the penalty of
a few tracks.
Article 66
Refusal to issue
The issue is inadmissible if:
and the offence has been committed) a citizen of the requested Contracting Party,
(b)) the offence has been committed on the territory of the requested Contracting Party,
(c)) the offence has been committed outside the territory of the requesting contracting party and by
the legislation of the requested Contracting Party is not permitted to start
prosecution for this offence,
d) prosecution or enforcement of the judgment is not permitted under the legislation
the laws of some of the Contracting Parties for the expiry of the limitation period, or from
other causes that exclude criminal prosecution or enforcement of the judgment,
e) against the person, whose extradition is requested was for the same offence on
the territory of the requested Contracting Party handed down a final judgment or criminal
the prosecution was finally stopped,
(f)) under the legislation of either Contracting Party is criminal
the prosecution opening at the request of the injured party.
Article 67
Taking over of criminal prosecution
(1) each Contracting Party undertakes, at the request of the other party
under its laws, shall initiate criminal prosecution against his
a citizen who is in the territory of the other Contracting Party has committed
the offence for which it is permissible to issue.
(2) the application will be accompanied by a report, which will contain information about
the offence, the writings of protest about the investigation or search, g/l
evidence and case details of caused damage. In the case that were not accompanied by
or, if not complete, will be sent in addition to the request of the Contracting Parties,
where the prosecution is initiated.
(3) a Contracting Party which has launched a criminal prosecution, it shall inform the other Contracting
side of the results, and will be issued a final judgment, shall forward to it the
a copy of the.
Article 68
The way the issue of
With regard to the issue and to initiate criminal prosecution, judicial authorities
both parties fit into contact through their central
authorities.
Article 69
Extradition request
(1) the request for extradition must contain the name of the person whose extradition is requested,
date and place of birth, the nationality, the address data
or stay, the particulars of the offence and of the damage, which was a criminal offence
caused by.
(2) the request for extradition for criminal prosecution shall be accompanied by a certified copy
an arrest (detention) and the description of the offence, as well as the text of the
the provisions of the legislation which apply to an offense committed
required by the person. If this is a crime against property, should also be
disclose the amount of damages which are or may be caused by the criminal offence.
(3) the request for extradition for imprisonment will be accompanied by a certified true copy of the
final judgment, as well as the texts of the provisions of the legislation,
applicable to the offence committed by the inmates. If you served
part of the person's sentence, you need to tell what part of the served.
Article 70
Arrest (detention) for release
In the event that the request for extradition is justified enough under this
Of the Treaty, the requested Contracting Party shall promptly make arrangements according to their
legislation to arrest (detention) of the person whose extradition is requested.
Article 71
Completion of the application for the issue of
(1) If a request for the release of all of the necessary information requested
Contracting Party to apply for their replenishment, which will determine the period of two months.
This period may be extended for important reasons.
(2) if the applicant does not submit the Contracting Party requested additional information in
the prescribed time limit, the requested contracting party arrested (detained)
person to dismiss.
Article 72
Provisional arrest
(1) arrest (detention) may be done even before the request for dojitím
Edition, if the requesting party expressly so requests and
that order has been issued against the person of the arrest or a judgment of the
the basis of which it intends to apply for release. The request for provisional arrest
(detention) may be made by post, telegram, telephone or
radio.
(2) the competent authorities of the Contracting Parties may, even without such a request,
arrest (withhold) person means insofar as is within their territory which, according to
their knowledge is committed in the territory of the other Contracting Parties to the offence,
for which it is authorised for issue.
(3) the other party must be notified immediately about the arrest (detention)
informed.
Article 73
Release of arrested persons provisionally
(1) a person arrested (detained) under article 72 paragraph 1 thereof,
may be dismissed, if the request for provisional arrest (detention)
in the one-month time limit does not after disclosure of the arrest
(detention).
(2) a person arrested (detained) under article 72 paragraph 2 thereof,
may be released, if no extradition request within two months
from the date of arrest (detention).
Article 74
Postponement of release
If it is the one whose release is sought, prosecuted, or if the furor over the
the penalty for an offence on the territory of the requested Contracting Party may release
be delayed until the end of criminal prosecution, or to the termination of the
punishment or pardon.
Article 75
Temporary release
(1) if the postponement of issue pursuant to article 74 thereof cause
limitation of prosecution or a serious problem for the examination of the
the crime, the person whose extradition is requested, the requesting Contracting Party may be
issued on a provisional basis.
(2) issued on a provisional basis shall be immediately returned to you after you make
the procedural acts of criminal prosecution, for which it was issued.
Article 76
The collision of extradition requests
Where the issue of prosecutions more States, decides the requested Contracting
the party that request, taking into account the State of citizenship
prosecutions, the nature of the crime and the place of its perpetration.
Article 77
The limits of criminal prosecution issued by the person
(1) without the consent of the requested Contracting Party shall not be issued to the criminal
prosecuted or be executed judgment on him for an offence for which
have not been released.
(2) without the consent of the requested Contracting Party shall not be issued to
of a third State.
(3) the consent of the requested Contracting Party need not be, if:
and) issued by a person who is not a national of the requesting contracting party,
do not leave within one month after termination of criminal prosecution or after performance
punishment of the territory of the requesting contracting party; in this period of time is not counted
the issued could not leave the territory of the requesting contracting party, not
from his guilt,
(b)) issued by the person left the territory of the requesting contracting party and again
This territory is returned.
Article 78
Release
The requested Contracting Party shall inform the requesting contracting party
about the place and time of release. If not taken in the requesting contracting party release
the person in the 15-day time limit from the date, it is possible this person
lay off. By agreement of both parties, this period may be
extended, but not longer than 15 days.
Article 79
The rerelease
Avoids the released person criminal prosecution or enforcement of a sentence, and
If he returns again on the territory of the requested Contracting Party, will be the new
the request is issued, without the need to present the documents referred to in article 69
of this agreement.
Article 80
The communication of the results of the prosecution
The requesting Contracting Party shall notify the requested party results
criminal proceedings instituted against the released person. If it was against that person
judgment, it shall after the judgment became legally valid, a copy thereof.
This obligation also applies in the case of article 77 of the Treaty.
Article 81
The transit
(1) each Contracting Party undertakes, at the request of the other party
allow the transit through its territory of a third State who publishes such a Contracting
side. The request for transit operations can be rejected for the reasons set out in
Article 66 of the Treaty.
(2) an application for transit must be submitted in the same way as a request for
release.
(3) the authorities of the contracting party to which the request was received, enables the performance of
transit in a manner that is most convenient for them.
Article 82
The cost issue and transit
Costs associated with the issuing Contracting Party shall bear, on whose territory arose.
Transit transport costs shall be borne by the requesting contracting party.
Article 83
Temporary transfer of persons in custody
If it is necessary to hear as a witness or as an expert person, that
they are in custody in the territory of the requested Contracting Party, may be out of order
the Minister of Justice or the Attorney General of that Contracting Party
passed to the requesting contracting party. The person will continue to be passed in the
custody and after the end of questioning must be returned without delay.
Article 84
Connection with the issue of things
(1) things that the perpetrator of a criminal offence, he received for which authorisation is sought
its release or things that acquired as consideration for these things,
things that can be used as evidence in criminal proceedings will be issued
the requesting contracting party, even if the extradition
not for his death, escape, or for another reason.
(2) the requested Party may temporarily postpone the release of the requested things
If it is necessary to other criminal proceedings.
(3) remain unaffected by the rights of third parties to things that were released
the other Contracting Party. After their criminal prosecution matters
returned to the party that is sent and those who will be released on
they have the right.
Article 85
Communication of conviction
(1) the Contracting Parties shall be submitted to each other final reports
judgements in criminal matters, which the courts of one of the Contracting Parties to issue
against nationals of the other party.
(2) on the basis of a reasoned request, the Contracting Parties shall notify each other
convictions against those who are not nationals of the applicant
the Contracting Parties.
(3) the Contracting Parties shall, on request, be sent to the fingerprints of persons referred to in
paragraphs 1 and 2 of this article.
(4) information on the issues referred to in the preceding paragraphs of this
Article shall be served in the manner laid down in article 2 of this Treaty.
Article 86
Refusal of legal assistance in criminal matters
(1) the execution of letters rogatory for legal assistance in criminal matters can be
rejected:
a) in the case of prosecution for an offence in respect of which the issue of
non-compliant;
(b)) does not belong to execute letters rogatory in the territory of the requested Contracting Party to
jurisdiction of the Court or the public prosecutor's Office.
(2) the requested contracting party performs inspection and the withdrawal of goods only
When does not infringe the rights of third persons.
Article 87 of the
Transit of persons detained in a third State
The Minister of Justice of either Contracting Party may, under the conditions of article
81 this agreement allow the transit of persons detained in a third country to
implementation of the hearing on the territory of the other Contracting Party.
Article 88
Copies of court records
The authorities of criminal evidence of the Contracting Parties shall report to the judicial authorities of the other
the Contracting Parties shall, on request, copies of criminal records.
PART IV
Final provisions
Article 89
This agreement is subject to ratification and shall enter into force on the thirtieth day after
the exchange of instruments of ratification. The exchange of instruments of ratification will be done
in Prague.
Article 90
This agreement is concluded for a period of five years. Its validity shall be extended
every five years, if one of the Contracting Parties in writing
notice of termination at least six months before the expiry of its validity.
Article 91
The date on which this Treaty enters into force, expiry of the Contract
between the Czechoslovak Republic and the people's Republic of Bulgaria
legal aid in civil and criminal matters, signed at Prague on
April 13, 1954, as well as the arrangements between the Government of the Czechoslovak
Socialist Republic and the Government of the people's Republic of Bulgaria on the implementation of
The Treaty between the Czechoslovak Republic and the people's Republic of Bulgaria
on legal assistance in civil and criminal matters of 18 May. February 1963.
Done at Sofia on 25 April. November 1976 in two copies, each in the
Czech and Bulgarian languages, both texts being equally authentic.
For the Czechoslovak Socialist Republic:
German v.r.
For the people's Republic of Bulgaria:
Daskalova v.r.
