72/1966 Sb.
DECREE
Minister of Foreign Affairs
of 5 April 2004. August 1966
on the Convention on civil procedure
On 1 May 2004. March 1954 was negotiated in the Hague Convention on civil procedure.
With the Convention have expressed their consent of the National Assembly and the president of the Republic
He signed the instrument of accession of the Czechoslovak Socialist Republic
the said Convention.
On the basis of article 28 of the Convention shall enter into force for
The Czechoslovak Socialist Republic on 11 March 2006. August 1966.
Czech translation of the Convention shall be published at the same time.
First Deputy Minister of:
Dr. Gregor v.r.
CONVENTION
about civil proceedings
The signatory States of this Convention, desiring to improve based on
the experience gained from the Convention 17. July 1905, the civil proceedings,
have decided to conclude a Convention for this purpose and have agreed on the following
provisions:
(I).
The service of judicial and extrajudicial writings
Article 1
Delivery of the files in the civil or commercial matters, which are intended
persons situated in a foreign country, shall be performed in the Contracting States to
the request addressed to the State of the requesting authority of the Consul of the designated State
the requested. Request containing the designation of the authority from which the
the file is delivered, the name and position of the parties, the address of the recipient, the nature of the
the file that must be drawn up in the language of the requested authority. This
authority shall send the Consul instrument proving the delivery or indicating
the fact that prevented delivery.
All defects that would be incurred in connection with the konzulovou application,
will be dealt with through diplomatic channels.
Each Contracting State may, by a communication addressed to the other Contracting States
declare that it expects to request a delivery receipt, to be enforced on the
its territory, containing the information referred to in paragraph 1. 1, he will be sent to the
through the diplomatic channel.
The preceding provisions shall not preclude the two Contracting States agree that,
allow direct service between their competent authorities.
Article 2
Delivery will be done by the competent authority under the laws of the State of
of the requested. This body will be able to, except in the cases envisaged in
Article 3 limited to executing a commit file delivery to the recipient,
that file shall adopt voluntarily.
Article 3
The file that is to be delivered, it will be connected to the application in two
copies.
If the delivered file drawn up either in the language of the requested authority or in a
the language agreed between the two States concerned, or is accompanied by a
a translation into one of these languages, the requested authority shall, in the event that the
such a desire is expressed in the request, to deliver a statement in the form prescribed by the
for the performance of similar internal legislation or in the form of delivery
a special, if this form is not contrary to this law. If it is not
such a desire expressed, it tries to execute the requested the Office of the first
service pursuant to the provisions of article 2.
If no other agreements, the translation will be referred to in the preceding paragraph, authenticated
the diplomatic or consular representative of the State of the applicant or
sworn interpreter of the requested State.
Article 4
The performance of the service as set out in articles 1, 2 and 3 can be denied only
If the State on whose territory the delivery should be done, it
considered to be able to compromise its sovereignty or security.
Article 5
Card delivery is carried out either the receipt dated and certified
the recipient, or a confirmation of the authority of the requested State, zjišťujícím
the execution, the form and the date of delivery.
The receipt or certificate should be on one of the two copies of the
mentioning the documents before the Court, or to be attached to it.
Article 6
The provisions of the preceding articles do not exclude the possibility that the
1. the participants were located abroad writings sent directly
by post,
2. participants gave the Executive Branch to execute a service directly or
other relevant officials in the country of destination,
3. each State gave to deliver papers to persons residing abroad
directly your by diplomatic or consular representatives.
In each of these cases there are listed only if
it permitted the agreement between the States concerned, or, if no such
contracts, if the State on whose territory it is to be effected,
does not contradict. This State would be unable to resist, if in the case
paragraph. 1 article 3 shall be delivered to the file without forcing a national
State of the applicant.
Article 7
Of delivery can be no obligation to refund fees or expenses
of any kind.
However, if there is no other agreement, the requested State shall be entitled to claim from the State
requesting reimbursement of the expenses incurred by the participation of the Executive Officer or
the use of special forms of, in the cases referred to in article 3.
II.
Request
Article 8
In civil or commercial matters may be a judicial authority of one
contact of a Contracting State in accordance with its legislation,
addressed letters rogatory to the competent authority of the other Contracting State and ask them to
He performed in his circuit either the investigating the Act or other judicial
acts.
Article 9
The request will be sent to the Consul of the State of the requesting authority, which it
will be marked by the requested State. This authority shall send the Consul Charter
confirming the request or performance that indicates the fact that the performance of
request.
All defects that would have arisen during this process, will be dealt with
through the diplomatic channel.
The preceding provisions shall not preclude the two Contracting States agree that,
allow direct mail letters rogatory between their competent authorities.
Article 10
If there is no other agreement, letters rogatory should be drawn up either in a language requested
authority or in a language agreed between the two States concerned, or
be provided with a translation into one of those languages verified
the diplomatic or consular representative of the State of the applicant or
sworn interpreter of the requested State.
Article 11
Judicial authority to which the request is addressed, is obliged to comply with it, using the
the same coercive means as to service the request from the authority
State of the requested or application made for that purpose, either
by the party concerned. Such coercion is not necessarily
used, if it is a personal appearance in case acting
party.
The requesting authority shall, if requested, informed of the date and place where the
the requested operation will be performed, so that the party could be in it
present.
Execution of the request may be refused only if:
1. it is not for sure the authenticity of the documents, built
2. the execution of the request in the State requested does not belong to the jurisdiction,
3. the State on whose territory the request should be made, it is considered
able to compromise its sovereignty or its security.
Article 12
In the case that the requested authority is not competent, the request will be transferred from
the official duties of the competent authority in the same State as prescribed by the
laid down by the legislation of that State.
Article 13
In all cases where the request was dealt with by the requested authority,
that authority shall inform the requesting authority immediately, in the case of marks
Article 11 of the reasons why he was making the request is denied, and in the case of
Article 12 marks the authority to which the request has been transferred.
Article 14
The judicial authority, that accesses the service the request, it will use
the laws of their own country, with regard to the forms of settlement.
However, it will be granted the request of the applicant authority, to
proceeded according to a specific form of, if she's not seizing this form
the legislation of the requested State.
Article 15
The provisions of the preceding articles do not exclude the possibility that the State gave each
to execute the request directly through its diplomatic or consular agents,
If it's permitted by agreement between States concerned, or
If the State on whose territory it is to be done, the request
does not contradict.
Article 16
The performance of the request there can be no obligation to refund fees or
expenses of any kind.
However, it will be, if not the opposite of the agreement, the requested State shall be entitled to
require the State requesting reimbursement of expenses paid to witnesses or
the experts, as well as reimbursement of expenses incurred by the participation of the Executive Officer,
It was necessary because the witnesses did not appear voluntarily, or
compensation for expenses arising from the possible application of article 14, paragraph 1. 2.
III.
Security for the costs of the dispute
Article 17
Nationals of a Contracting State residing in one of the
those States who will act as prosecutors, or intervenienti
before the courts of another State, it cannot be stored, the security for the claim
or trust in any way, either because they are foreigners, or that the
do not have a domicile or registered office in the territory of the country.
The same rules shall apply to the payment that could be requested for the
žalobcích or intervenientech to ensure the court costs.
The Convention, which States parties to the vymínily for its members, regardless of
on their place of residence, the exemption from securities or from the payment of the claim
court costs, shall continue to apply.
Article 18
Conviction to pay costs and procedural expenses plotted in a
the States parties against the plaintiff or tax-exempt intervenientu
security deposits or paying either in accordance with article 17, paragraph 2. 1 and 2, or
According to the law of the State where the suit was filed, they become a request
diplomatic channels free of charge, enforceable by the competent authority in
each of the other Contracting States.
The same rules shall apply to the Court decision, which was determined by the amount of
the costs later.
The preceding provisions shall not preclude the two Contracting States have agreed
that the request for a declaration of enforceability may be made directly
by the party concerned.
Article 19
Decisions on costs and procedural shop Windows will be declared
enforceable without a hearing of the parties, subject to the subsequent complaint
the convicted parties according to the law of the State where enforcement is to occur.
The competent authority shall decide on the request relating to the Declaration of the decision
a judgment shall be limited to the determination of whether
1. According to the law of the country where the conviction was published, meets the copy
the decision of the conditions required for its authenticity,
2. under the same law came into force, the decision
3. the operative part of the decision shall be drawn up either in the language of the requested authority or in a
the language agreed between the States concerned, or whether it is equipped with
the translation was taken in one of those languages, proven, unless other
the Convention, to diplomatic or consular representative of the requesting State
or sworn interpreter of the requested State.
To meet the conditions laid down in paragraph 1. 2 articles 1 and 2, it is sufficient
either the statement of the competent authority of the requesting State that the
the decision has become final, or the submission of documents duly verified
eligible to demonstrate that the decision took legal force. If there is no other
the agreement, the jurisdiction of the above-mentioned authority acknowledged the highest
Chief Executive Officer of the judicial administration of the requesting State. Just mentioned
the Declaration and the certificate shall be drawn up or submitted in accordance with the rules
contained in paragraph 2. 2 the number 3.
The authority competent to decide on the application for a declaration for the
enforceable estimates, if the party so requests, the amount of the costs at the same time
certificate, translation and validation, which is mentioned in paragraph 1. 2 the number 3.
These costs will be regarded as costs and expenses process.
IV.
Free legal aid
Article 20
Nationals of each Contracting State will in civil and commercial
cases in all other Contracting States, provided free legal
assistance as its own nationals of those States in conformity with the
the activities of the State in which the legal aid is sought.
In States where there is a legal assistance in administrative matters, the
the provisions of the above paragraph as well on the matter submitted by the courts
competent in these matters.
Article 21
School certificate or a Declaration on poverty must always issue or accept
the authorities of the habitual residence of a foreigner, or, if there is such a place,
authorities of his current stay. In the case that these authorities
do not belong to a Contracting State and do not accept or do not issue
a report card or a declaration of this nature, it is sufficient to report card or
the Declaration, issued or adopted by the diplomatic or consular representative of the
the country of which the alien is a national.
If the applicant does not reside in the country where the application is submitted, it will be the report card
or statement of poverty, free of charge to satisfy the diplomatic or
the consular representative of the country where the instrument is to be submitted.
Article 22
The authority which is competent to issue a report card or receive a statement
about poverty, it can request from the authorities of other Contracting Parties, the information
about the financial circumstances of the applicant.
The authority responsible for ruling on applications for authorisation of free legal
help within the limits of its competence has the right to examine the certificate, Declaration
and information submitted to him, and for the purpose of clarification, give yourself a
to submit additional information.
Article 23
If the person who is in need, located in a country other than the one in
which is supposed to be about free legal aid applied for, there may be a request for
obtaining legal aid, is accompanied by certificates and the declarations on poverty
where appropriate, and other documents required for processing the application, sent to the
Consul of the country of the competent authority to decide on the above
request or authority designated by the State in which the request should be
discussed.
The provisions contained in article 9, paragraph 1. 2, 3 and 4 in the above
articles 10 and 12, concerning the request shall apply to the submission of the request
about how to obtain free legal help and attachments.
Article 24
If legal aid has been granted to a national of one of the
of the Contracting States, the requesting State will not have to pay the State requested without
regardless of their form of delivery costs, which are subject to the same
management and to be performed in one of these States.
The same will apply to letters rogatory, except the expenses paid to experts.
In the.
Free issue of extracts from the registry office
Article 25
Members of one of the Contracting States, who are in need, they will
able to put under the same conditions as their own nationals to issue free
extracts from the registers. Documents required for their marriage will be verified
by diplomatic or consular agents of the Contracting States free of charge.
Vi.
The binding for the debts
Article 26
The binding for the debts either as a resource or as a measure of execution only
to ensure it cannot be used in civil or commercial matters to
foreigners who are nationals of one of the Contracting States, in the
cases in which it would not apply to nationals of the country concerned.
The fact that may invoke a national resident in the country to
reached the unbinding for debts, has have the same effect in favour of the
a member of one of the Contracting States, and that even if this
event occurred abroad.
VII.
Final provisions
Article 27
This Convention shall be open for signature by the States represented at the VII. the meetings of the
Conference on private international law.
Convention shall be ratified and the instruments of ratification shall be deposited with
Ministry of Foreign Affairs of the Netherlands.
On every save, ratification of the Protocol, which will be drawn up one
a certified copy shall be sent through the diplomatic channel to each of the
the signatory States.
Article 28
This Convention shall enter into force on the sixtieth day, starting from the deposit of the fourth
instruments of ratification, provided for in article 27 para. 2.
For each signatory State of the Convention shall become effective later ratifikující
sixty day starting from the date of the deposit of its instrument of ratification.
Article 29
This Convention replaces, in relations between the States which have ratified it,
The Convention on civil procedure signed at the Hague on 17. July 1905.
Article 30
This Convention applies without further to the parent country Contracting States.
If a Contracting State wishes to bring it into force in all
other territories or in such other territories, whose international
relations ensures shall notify that intention in this regard by the Charter, which will be
deposited with the Ministry of Foreign Affairs of the Netherlands. This Ministry
a certified copy shall be sent through diplomatic channels to each Contracting State.
The Convention shall enter into force in the relations between States, which have not in 6
months of this notice of objection, and between the territories or territories whose
international relations are ensured by the State concerned and for which or for
which notification has been made.
Article 31
Each State of the unrepresented on the VII. session of the Conference might proceed to the
This Convention, if that State or multiple States that the Convention
have ratified, will not contradict within six months from the date of notification of the
about this accession process carried out by the Netherlands Government. The accession of the
take place in the manner laid down in article 27, paragraph 1. 2.
It is understood that accession cannot occur before it will enter into force
This Convention in accordance with article 28, paragraph 1. 1.
Article 32
Each State party who signs or ratifies this Convention or to
It accesses, you may check out restrictions on use article 17 of the
nationals of Contracting States having usually seat on its territory.
A State which uses the options envisaged in the preceding paragraph, the
be able to require that the other Contracting States shall apply article 17 only in
favour of those of its members who typically have a registered office in the territory
the Contracting State before whose courts act as the plaintiff, or
intervenienti.
Article 33
This Convention will be in force five years beginning from the date indicated in the
Article 28, paragraph 1. 1.
This period shall be calculated from that date, as well as with regard to States, the Convention
they will ratify or accedes thereto later.
The Convention will be tacitly renewed every five years, unless
is terminated. The termination would have to be notified at least six months before the
the expiry of Ministry of Foreign Affairs of the Netherlands, that about
shall notify all other States parties.
The denunciation may be limited to only some of the territory or from the territory of
identified in the notification made in accordance with article 30, paragraph 1. 2.
Denunciation will have effect only in relation to the State.
The Convention remains in force for the other Contracting States.
In witness whereof, the duly authorised thereto by their respective Governments,
have signed this Convention.
Done at the Hague on 1. in March 1954, in a single copy, which will be saved
in the archives of the Government of the Netherlands, and of which the one certified copy will be sent
through the diplomatic channel to each of the States represented on the VII. the meetings of the
The Hague Conference on private international law.
