On The Convention On Civil Procedure

Original Language Title: o Úmluvě o civilním řízení

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=30865&nr=72~2F1966~20Sb.&ft=txt

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.