Agreement On Legal Assistance In Civil Matters With Romania

Original Language Title: Smlouva o právní pomoci v občanských věcech s Rumunskem

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=43485&nr=1~2F1996~20Sb.&ft=txt

1/1996.



The COMMUNICATION FROM the



Ministry of Foreign Affairs



Ministry of Foreign Affairs declares that on 11 July. July 1994 was in

Bucharest signed an agreement on legal assistance in civil matters between the

The Czech Republic and Romania.



With the Treaty, its assent, Parliament of the Czech Republic and the President of the

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

October 4, 1995.



The contract on the basis of its article 63 entered into force on 2. January

1996. That date were allowed to lapse, the Treaty between the Czechoslovak

Republic and the Romanian people's Republic on legal assistance in matters of

civil, family and criminal matters of 25 June. October 1958, well known under the

No 31/1959 Coll., concerning the legal assistance in civil and

family.



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



CONTRACT



on legal assistance in civil matters between the Czech Republic and Romania



Czech Republic and Romania, hereinafter referred to as the ' contracting parties ', desirous of

to improve co-operation in the area of legal aid, have agreed to conclude a

the agreement on legal assistance in civil matters. For this purpose, the

have agreed as follows:



TITLE I OF THE



GENERAL PROVISIONS



Article 1



Definition of terms



1. for the purposes of this agreement:



and civil matters) civil, commercial, rodinněprávní,

labour law and administrative courts, the case



(b)), judicial authorities in the Czech Republic the courts and the public prosecutor's Office and

other authorities have jurisdiction in matters of civil,



(c)), judicial authorities in Romania, the courts, the public prosecutor's Office, State

notaries and other authorities competent in civil matters.



2. Nationals of one Contracting Party are people who have State

citizenship of that Contracting Party in accordance with its laws.



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

apply mutatis mutandis to the legal entities established under the laws of

the Contracting Party in whose territory the legal person have its head office.



Article 2



The legal protection of



1. Nationals of one Contracting Party shall enjoy in the territory of the other Contracting

by the same legal protection of personal and property rights as its

own nationals.



2. Nationals of one Contracting Party shall have the right to apply freely and without

obstacles to the judicial authorities of the other Contracting Party within whose jurisdiction the

belong to the civil, can defend their interests before them and administered

applications, Petitions and remedies for

the same conditions as the nationals of the other party.



3. The judicial authorities of one Contracting Party shall, upon request,

to provide the citizens of the other party information, how can

to ensure the representation needed to protect their rights.



Article 3



The provision of legal aid



The Contracting Parties shall, on request, provide each other with legal aid in

civil matters in accordance with the terms set forth in this agreement.



Article 4



Exemption from the certainty on costs



Nationals of one Contracting Party who shall contact the judicial

authorities of the other Contracting Parties as appellants or interveners,

If you are residing or staying in the territory of one of the contracting parties cannot be

Save on lodging costs or other warranties of

because they are foreigners or on the territory of that party are not resident or

the stay.



Article 5



The payment of the costs



Nationals of a Contracting Party shall apply the costs on the territory of the

the other Contracting Parties under the same conditions as its own State

citizens.



Article 6



Reduction and exemption from costs



1. Nationals of a Contracting Party is granted on the territory of the other

the Contracting Parties to the reduction or exemption from the costs of the proceedings, as well as

free legal representation under the same conditions as their own nationals

citizens.



2. Benefits referred to in paragraph 1, provided by the judicial authority of one of the

of the parties in a particular case, are applicable to all procedural acts

including action for enforcement.



Article 7



The conditions for obtaining the benefits of the



If nationals of one Contracting Party shall submit the application referred to in

Article 6 of this Treaty, shall submit at the same time as the certificate of ownership

and personal circumstances in accordance with the legislation in force in the territory of the Contracting

the parties, where they have their residence or residence applicants.



Article 8



The application for the granting of benefits



1. citizens of one party who are asking for a judicial authority of another

the Contracting Parties to provide the benefits referred to in article 6, the request

filed in writing with the competent judicial authority in the place of their

residence or stay.



2. The judicial authority which has received a request pursuant to paragraph 1, it shall refer the

together with the certificate and any attachments to the competent judicial authority

the other Contracting Party.



3. The competent judicial authority to decide on the request for the granting of benefits

referred to in article 6 may require by judicial authority

the other party supplementary data and information.



Article 9



How to contact



1. in matters of providing legal assistance to the judicial authorities of both Contracting

the parties will come together through the central authorities, if this agreement

provides otherwise.



2. The central authorities referred to in paragraph 1 shall be the Ministry of

Justice of both Contracting Parties.



Article 10



Language used



1. In the implementation of this agreement to use the central authorities of both Contracting

the parties referred to in article 9(2). 2, in their national language or

language English. The same happens even in relations between judicial

the authorities of the Contracting Parties, unless this agreement provides otherwise.



2. Requests for assistance and relevant documents shall be drawn up in the language of

the requesting contracting party and are accompanied by a certified translation into the language of

the requested Contracting Party.



3. the judicial authorities may request legal aid use forms with

bilingual texts (Czech-Romanian), commonly agreed

Ministries of Justice.



4. Requests for legal assistance shall be carried out in the language of the requested Contracting

party.



Article 11



The exchange of information in the field of legislation



Contracting Parties shall, on request, inform each other of the legal

the provisions which are or have been in effect in their States, as well as

on their implementation in judicial practice.



Article 12



Protection of witnesses and experts



1. A witness or expert, regardless of their nationality, to which the

the basis of the summons come before the judicial authority of the other Contracting Party,

must not be detained, prosecuted, nor be in any way

restricted in his personal liberty in the territory of that party for acts, which

committed, or on the basis of the judgments handed down before crossing the State

the boundaries of the requesting contracting party.



2. The protection referred to in paragraph 1, the witness or expert is lost when

do not leave the territory of the requesting contracting party within 15 days from the date on which the

the judicial authority which has called him, announces that its presence is no longer

necessary, or when later returns. In this period of time shall not be counted

during which the witness or expert is unable to leave the country of the Contracting Party of the

reasons independent of his will.



Article 13



Reimbursement of the costs of witnesses or experts



1. the costs for travel or residence, as well as the reimbursement of lost income

related with the path in order to testify or perform

the expert's report, will be borne by the requesting contracting party.



2. the expert has the right and the insurance. The rights of a witness or expert will be

mentioned in the summons. At the request of a witness or expert by the requesting him

the Contracting Party shall pay the advance the full or partial amount of the listed

costs.



Article 14



The hearing of persons who are in detention or in prison, such as witnesses



1. In the case where it is necessary that the person who is in custody or in the performance of

the sentence in the territory of one Contracting Party, it was heard as a witness

judicial authority of the other Contracting Party, the central authorities shall agree

referred to in article 9 of this agreement on the surrender of that person to the territory of

the requesting contracting party that will be held in custody, as well as on the

the date is to be returned after the hearing.



2. the surrender may be refused:



and if the person with it), which is in custody or serving a prison sentence

freedom, will not agree



(b)) if its presence is necessary for the prosecution, which takes place on

the territory of the requested Contracting Party,



(c)) should pass could extend its binding or punishment,



d) if there are other reasons that outweigh the reasons for her transfer to the

the territory of the requesting contracting party.



TITLE II



LEGAL AID



Article 15



The scope of legal aid



Legal aid in civil matters shall include the performance of procedural acts, such as

is the drawing-up, transmission and service of judicial and extrajudicial

of documents, the questioning of parties, witnesses, experts and other persons, the implementation of the

expert reports, investigations on the spot, and the discovery of the facts

the State, the implementation of measures to ensure the conservation, or authentication

written documents, obtaining copies, photocopies or extracts from documents.



Article 16



The request for legal aid



1. the Request for assistance must contain the following information:



and the designation of the requesting judicial authority),



(b) the designation of the requested judicial authority),




c) putting things in which legal aid is requested,



(d)) first and last name the parties, their status in the proceedings, the State

citizenship, their place of residence or stay, and in the case of legal persons,

the name and registered office



e) name, surname and the address of any of the representatives of the parties,



(f) the subject of the request and information) necessary to deal with it,



(g) a list of the documents attached to) request.



2. At the request of delivery of documents will be the address of the recipient and the type of

documents which are to be delivered. At the request of the taking of evidence shall be

given the circumstances in connection with which the evidence is to be performed, and

where appropriate, the questions to be put to the persons to be

heard.



3. the Request for legal aid and the accompanying documents will be marked with the official

stamp of the applicant of the judicial authority.



Article 17



The method of execution of the letters rogatory



1. Processing request performs the requested judicial authority follows a modified

in the legal order of the State. The requested judicial authority may, at the request of

the requesting judicial authority to apply a specific procedure, if it is not

contrary to its legal system.



2. If the requested judicial authority is not competent to execute the request,

It must be sent to the competent authority and at the same time inform the requesting contracting

side.



3. at the request of the requesting judicial authority, the requested judicial authority

in time shall communicate the place and date of the legal aid Act, to make it

the interested party may participate in the proceedings.



4. If the address of the person specified in the request is not known or is

showed that is not valid, the requested judicial authority performs the appropriate

measures for its findings. If the address cannot be traced,

the requested judicial authority shall inform the requesting judicial authority.



5. after the execution of the request shall send the requested judicial authority of the requesting

the competent judicial authority of the document. In the case where legal aid

could not be granted the requested judicial authority returns documents

the requesting judicial authority and of the circumstances which at the same time he

in the execution of the request.



Article 18



Service of documents



The requested judicial authority delivers the documents according to the law

applicable on their territory, provided that these documents will be

drawn up in his language or will be accompanied by a certified translation into this

of the language. Otherwise, the requested judicial authority shall deliver to the addressee only

then, if the addressee will agree that it is.



Article 19



Proof of the service of documents



Proof of delivery of documents shall be drawn up under the legislation on

the delivery of valid on the territory of the requested Contracting Party. In any case,

must contain the signature of the addressee, the stamp of the issuing judicial authority and

signature of the person empowered to pass the document, place and date of the transfer.

If the addressee refuses to accept the document, it will be annotated on the reason

the rejection.



Article 20



Service of documents and the questioning of your own State citizens



Each Contracting Party may pass through or serve judicial and

extrajudicial documents and interrogate its own citizens who are

located on the territory of the other Contracting Party, through diplomatic

missions and consular posts for the conditions, not to apply any

an enforcement measure.



Article 21



The cost of legal aid



1. the contracting parties themselves will bear all the costs arising from the provision of

legal assistance in their territory, including the costs associated with the implementation of

of the evidence.



2. the requested judicial authority shall inform the requesting judicial authority of

costs incurred. If the requesting judicial authority selects these costs

from a person who is required to pay, the amount will remain selected, the Contracting

party, whose authority is chosen.



Article 22



Refusal of legal aid



1. the execution of letters rogatory for legal assistance may be refused if the

the requested Contracting Party considers that execution of the request would be in the

contrary to the rule of law.



2. In addition to the reasons mentioned in paragraph 1 may be a transposition of letters rogatory

refused if:



and the authenticity of the documents is not proven),



(b)) to perform the request does not belong to the competence of the courts of the requested Contracting

party.



TITLE III



AUTHENTIC INSTRUMENTS



Article 23



The validity of documents



1. documents issued or certified by a relevant authority of one of the Contracting

the parties, the territory of the other Contracting Parties shall apply, without further authentication.

The same also applies to the Charter signed by the citizen of the authenticated according to the legal

provisions in force in the territory of the Contracting Party where the validation has occurred,

as well as for copies and translations of documents.



2. the instruments referred to in paragraph 1 shall, in the territory of the other party

the same evidentiary power as the same instruments of the other party.



Article 24



The sending of civil status documents relating



The competent authorities of the Contracting Parties shall, on request, free of charge

the competent authorities of the other Contracting Party a certificate of civil status,

extracts from the registers, as well as certified copies of judicial decisions rendered

authorities in matters of personal status, if these documents concern the citizens

the requesting contracting party and are frequently referenced in the official order.



TITLE IV



CONFLICT OF LAWS RULES AND STANDARDS GOVERNING THE JURISDICTION OF THE



Section I



The provisions of the personal status and family law



Article 25



Legal capacity



1. eligibility of natural persons, rights, and legal acts shall be governed by

regulations of the Contracting Party of which the person is a citizen.



2. the eligibility of legal persons to rights and legal capacity shall be governed by

legislation of the Contracting Party in whose territory it is situated.



Article 26



The conclusion of the marriage



1. the form of the marriage is given by the law of the Contracting Party on whose

the territory of the marriage is concluded.



2. in the case of the marriage of the diplomatic mission or consular

the Office is a form of marriage law the sending Contracting

party.



3. as regards the basic conditions required for marriage,

it applies to each of the future spouses, the law of the Contracting Party,

the citizen is.



Article 27



The personal and property relations of spouses



1. The personal and property relations of spouses are governed by the law of a Contracting Party,

of which they are nationals.



2. If one of the spouses is a citizen of one party and

the second is a citizen of the other party, their personal and

property relations are governed by the law of the Contracting Party in whose territory the

they have a common residence.



3. If in the case referred to in paragraph 2 to one of the spouses resides in the territory of

of one party and the other, to the territory of the other party, their

personal and property relations are governed by the law of the Contracting Party on whose

the territory had the last common habitual residence.



4. the power to rule in legal relations referred to in paragraphs 1, 2

and (3) it is for the judicial authority of the Contracting Party whose law, these

relations governed by. In cases where the common residence of the spouses should never,

is given the power of the judicial authorities of both Contracting Parties,

shall apply the law of your state.



Article 28



Divorce



1. If, in the case of a divorce the spouses have nationality of one

Contracting Party and resides at the date of filing of the petition on the territory of the other

the Contracting Parties will apply the substantive law of the Contracting Party of which they

nationals are. Jurisdiction to the courts of both Contracting

party.



2. If, on the day of submission of the application for divorce is one of the spouses is a citizen of one of the

Contracting Party, the latter is a national of the other Contracting Party and

He lives both in the territory of one and the same Contracting Party, or one of the

the territory of one and the other, to the territory of the other party, shall have the power

decisions by the courts of both Contracting Parties, which shall be applied in determining

the substantive law of its State.



Article 29



Nullity of marriage



1. a finding of invalidity or annulment of a marriage is performed according to

the legal order of the Contracting Parties which is in accordance with article 26 applicable to

the conclusion of marriage.



2. as regards the power to make decisions on the invalidity or revocation of

marriage shall apply mutatis mutandis the provisions of article 28.



Article 30



Paternity



1. in matters relating to the determination or denial of paternity is the process

under the law of the Contracting Party of which a citizen is a child.

If the child resides in the territory of the other Contracting Party, shall be

the legal order of the Contracting Parties, if it is more appropriate for the child's interests.



2. the power to address the matters referred to in paragraph 1 for the judicial

the authorities of the Contracting Party of which a citizen is a child.



3. If the petitioner and the respondent resides in the territory of the same Contracting Party,

they have the power and the judicial authorities of that Contracting Party.



Article 31



The legal relations between parents and children



1. legal relations between parents and children are governed by the laws of that Contracting

the parties, in which the citizen is a child. If the child resides in the territory of

the other Contracting Party may apply the law of that Contracting Party,

If it is necessary to protect the child.



2. as regards the jurisdiction of the judicial authorities, shall be applied, mutatis mutandis,

the provisions of article 30, paragraph 1. 2 and 3.



Article 32



Adoption




1. the basic conditions required for adoption shall be governed, as regards the

the adoptive parent, the laws of the State of which he is a citizen of the adoptive parent, and if

as for the adopted child, the laws of the State of osvojenec State

citizen.



2. in the proceedings for adoption shall be treated under the law of that Contracting

Party on whose territory it occurs.



3. the effects of adoption and the relationships between the adoptive parent and the adopted child are governed by the

the legal order of the adoptive parent, and if the adoptive parents are both married

mutatis mutandis, rule of law, which are governed by article 27 of the personal

and property relations of the spouses.



4. The nullity of the adoption shall be governed, as regards the basic conditions, legal

regulations referred to in paragraph 1 and the failure to comply with formal conditions

the legal order referred to in paragraph 2 of this article.



Deprivation of persons of legal capacity



Article 33



1. cases of deprivation of persons of legal capacity, as well as the abolition of

These measures shall be governed by the legislation of the Contracting Parties, which

the person is a citizen of it.



2. In cases of deprivation of legal capacity is determined by the authority,

If this Treaty does not provide otherwise, the judicial authorities of a Contracting Party,

the citizen is the person.



Article 34



1. In the case where it is necessary to get rid of the competence to perform legal acts

the State of a citizen of one party who has his domicile, residence or

assets in the territory of the other Contracting Party, the authority of that other party

It shall immediately inform the competent authority in accordance with article 33 para. 2.



2. in the cases that they can't be in delay, the authority of the other Contracting Parties

take precautionary measures under their national legal systems, but is obliged to

immediately inform the competent authority in accordance with article 33 para. 2 and send

He at the same time as the documents of the measures taken. Interim measures

remain valid until the competent authority of the other Contracting

the Parties shall take any other decision.



Article 35



1. The authority referred to in article 33 para. 2 may delegate his powers in matters of

deprivation of legal capacity on the judicial authority of the other Contracting

the parties, if the person to be deprived of the legal

capacity, has his domicile, residence or assets on the territory of the other party.



2. In the case when the competent court, informed in accordance with article 34 para. 1,

do not communicate your reply within three months from the date of dispatch of the notice,

jurisdiction in case of deprivation of legal capacity goes to

institution of the place of residence or stay of the person involved.



3. the authority which has entered the jurisdiction under paragraph 1 or 2, it shall proceed in the

procedure for waiver or refund eligibility to legal capacity according to the

the legislation of their State, but as regards the conditions of deprivation

competence to perform legal acts or its return, must obey the laws

regulations of the Contracting Party of which a citizen is a person that is

It is.



4. a copy of the decision on the deprivation of legal capacity, issued by the

in accordance with paragraphs 1 to 3 shall be sent to the body referred to in article 33 para. 2.



Guardianship and custody



Article 36



1. the conditions for the emergence or termination of guardianship or custody are

laid down by the laws of the Contracting Party in which the citizen is

the person to be appointed guardian or guardian.



2. as regards the obligation to accept guardianship or custody,

apply the law of the Contracting Party whose national is

the person who was to become a trustee or guardian.



3. the legal relations between the guardian and the guardian, as appropriate, by the person

that was appointed guardian or guardian, shall be governed by

the legislation of the Contracting Party, the authority of the guardian or

a guardian appointed.



4. In cases of guardianship or custody concerning citizens

the Contracting Parties shall have the authority, unless this agreement provides otherwise,

the judicial authorities of the Contracting Party in which the citizen is the person to whom

to be appointed guardian or guardian.



5. National of one Contracting Party may be appointed guardian,

Alternatively, the guardian of the national citizen of the other party, if it has

residence in the territory of the Contracting Party in which it has to carry out this function, and

If its provisions best corresponding to the interests of the person to be

appointed guardian or guardian.



Article 37



The provisions of article 34 and article 35 paragraph 1. 1 and 2 shall apply mutatis mutandis to

cases of custody or guardianship.



Article 38



Judicial authority in accordance with article 35, paragraph 2. 1 or 2 became relevant

for guardianship or guardianship, shall carry out the measures referred to in the legal

the order of their State. Still, the question of competence to perform legal acts and

eligibility to rights and obligations shall apply the legal order of the Contracting

the parties, in which the citizen is a person which has been provided for

guardianship or custody.



This judicial authority does not have the power to take decisions in matters relating to

the status of the person who has been appointed guardian or guardian.



Article 39



Declared missing or dead and the determination of the date of death



1. The Declaration of a person as missing or dead in a court judgment

and to the determination of the date of death have power to the judicial authorities of the Contracting

the party, whose citizen that person on the date referred to in

the last message was still alive.



2. The judicial authorities of one Contracting Party at the request of the persons who live in the

its territory, have the power to declare a missing or dead

a State citizen of the other party or to establish the date of death

a State citizen of the other party, if under the law of

the requested Contracting Party shall have the right to submit such a request.



3. In the cases referred to in paragraphs 1 and 2 shall apply the judicial authorities

law of his State.



4. the decisions referred to in paragraph 2 shall have legal effect only in the territory of

the Contracting Party whose judicial authority of this decision.



Section II



The provisions relating to the estate of the



Article 40



The principle of equality



1. Nationals of one Contracting Party are equal citizens of the second

the Contracting Parties as regards the right to acquire heritage property

located on the territory of the other Contracting Party or a right to be

in this area, as well as with regard to the right to make or revoke a

will apply to this property, or rights.



2. the specific legal provisions of one Contracting Party relating to the

the conditions under which its citizens can acquire heritage property

located in its territory or rights, to be in this area

applied, shall also apply to nationals of the other party.



Article 41



Legislation on inheritance



1. the right to inheritance of movable property is determined by the laws of the

the Contracting Parties, of which the testator was a citizen at the time of their

death.



2. the right to the inheritance of immovable property laid down by the laws of the

the Contracting Party in whose territory the property is situated.



3. assessment of whether the estate consists of assets, movable or immovable, shall be governed by

the legal order of the Contracting Party in whose territory the assets

is located.



Article 42



Deaths



If not none of the heirs of the heritage, the movable property of the Contracting

side of which the testator was a citizen at the time of his death. Property

real falls that the Contracting Party in whose territory the property

is located.



Article 43



Last will and Testament



1. A form of acquisition or revocation of a will is governed by the legislation of the Contracting

Parties, of which the testator was a citizen at the time when the last will and Testament

acquired, or the legislation of the Contracting Party in whose territory the will was

taken.



2. Capacity to make or revoke a will, as well as the effects of the defect of the will and

her speech is governed by the legislation of the Contracting Parties, which

the testator was a citizen at the time of acquisition or revocation of a will. The same

the rule of law is decisive for determining which kinds of dispositions

death shall be permitted.



Article 44



The power to



1. the power to discuss heritage and succession disputes in movable property

they have a competent judicial authorities of the Contracting Party in which the State

the testator was a citizen at the time of death, with the exception of the cases referred to in

paragraph 3 of this article.



2. the power to discuss heritage and succession disputes concerning real estate

assets to the judicial authorities of the Contracting Party in whose territory the

This property is located.



3. when all of the movable property of the deceased, who was a

a citizen of one party in the territory of the other Contracting Party has

the power to discuss the heritage, if all the heirs so agree,

on the request of any heir or other person who has the rights or claims

the heritage, the judicial authority of the other Contracting Party.



Article 45



The communication of cases of death



1. In the case when a State citizen of one party dies in the territory of

the other Contracting Party, the competent authority of the Contracting Party shall immediately inform the

on his death the diplomatic or consular office of the State Prosecutor's Office,

the deceased was a citizen, and at the same time he shall communicate all that is him

known of the dědice, their place of residence or stay, about the size of

the estate, the value of the estate, as well as on wills, if you will

There are.




This provision shall apply even in the case where the competent authority is one

the Contracting Parties shall be informed that a national of another Contracting Party,

who died in the territory of a third State, leaving behind a fortune on the territory of the

State.



2. Diplomatic or consular post of Prosecutor's offices, which have data on

the deaths, which occurred under the conditions referred to in paragraph 1, as well as the

the estate, shall communicate these data to the competent judicial authority, to this

authority may take all necessary measures to ensure that heritage.



3. If, in the territory of one Contracting Party initiates a succession

management and it is found that an heir is a person who is a

a citizen of the other Contracting Party, the competent judicial authority shall immediately

inform the diplomatic or consular post of the Prosecutor's Office of such a Contracting

party.



Article 46



The law of diplomatic and consular offices in matters of

Probate



In matters of succession, to the territory of one Contracting Party has diplomatic

the Prosecutor's Office or consular authority of the other party the right to

when its own nationals are not present and not specified

his principal, take all measures to ensure that they were represented by

before any judicial authority. To the exercise of that right is not to be

special credentials.



Article 47



Measures to protect the heritage



1. the competent authorities of each Contracting Party shall take, in accordance with the laws of your

the State shall without delay the measures necessary for the maintenance or management of

the survivor's estate, which is on its territory after the death of the State

a citizen of the other Contracting Party, or that has a fall to the citizen

This other side.



2. these authorities shall inform the diplomatic or the Prosecutor's Office

the consular authority of the other party on the measures taken by the

paragraph 1; the Prosecutor's Office of the diplomatic or consular post may

contribute (directly or through an agent) on the implementation of these

measures. On a proposal from the Prosecutor's Office of the diplomatic or consular

the Office can be a measure taken under paragraph 1 amended or repealed.



3. The competent judicial authority in accordance with article 44 paragraph 1. 1 may request the

repeal of the measures adopted pursuant to paragraph 1 of this article.



Article 48



The publication of the will



The publication of the will belong to the competence of the authority of the Contracting Party on whose

the territory of the last will and Testament is located. A certified copy of the will, and the Protocol on its publication,

the status and content of the will shall be sent to the competent authority of the other Contracting

the parties, if the testator was a citizen or if the authority

This Contracting Party competent to perform inheritance proceedings.



Article 49



Editions heritage



1. Survivors ' movable property or sums of money obtained from the sale of

movable or immovable property of the survivor's, which are located on the

the territory of one of the Contracting Parties and which belong to heirs who are

nationals of the other Contracting Party residing or staying on

the territory of that party or in the territory of a third State, will be passed after

their succession to those heirs. If the heirs of the

fails to appear in person or through an agent, to take things

or monetary amounts referred to above, these will be passed to the diplomatic

the Prosecutor's Office or a consular post of a Contracting Party whose national

citizens are these heirs.



2. in the cases referred to in paragraph 1, the surrender shall take place if:



and) have been paid or secured to probate fees and taxes,



(b)) have been satisfied or secured claims of the creditors of the deceased and other

the claims relating to the estate, within the time limit fixed by the legislation

the Contracting Party in whose territory the property or the above cash

the amounts are



(c) the consent of the competent authorities), which is possibly needed to export

the survivor's movable property or to transfer sums of money.



3. If a citizen of one party dies on the way to the territory of the other

Contracting Party in which he had no residence or stay, will be items that should

together, passed without further proceedings the prosecution service or the diplomatic

consular post of the Contracting Party whose nationality was

the deceased.



SECTION III



Article 50



Contractual obligations



1. basic terms of the contract shall be governed by the laws of the

the participants agreed. If there were no election law, is governed by the contractual relationship

the laws of the place where the contract was concluded.



2. the conditions for the conclusion of the contract shall be governed by the legal order referred to in paragraph

1.



3. the power belongs to the judicial authority of the Contracting Party in whose territory the

has his domicile, residence or assets of the respondent. It is also the judicial

authority of the Contracting Party in whose territory he is residing or staying

the appellant, if the territory is the subject of the dispute or property

the respondent.



SECTION IV



Article 51



Liability for damage



1. Liability is governed by the legislation of the Contracting Party on whose

the territory of the tortious act was committed.



2. However, if the person who caused the damage, as well as the person who

has suffered the damage, which occurred on the territory of the other Contracting Party, they are

the same Contracting Party and citizens living on its territory, the legal

regulations of the Contracting Party of which they are nationals.



3. the power to decide disputes concerning the obligations of responsibility

for damage to the judicial authorities of the Contracting Party in whose territory the

the act causing the injury was committed, or by a judicial authority of the Contracting Party,

on whose territory the person who caused the damage, place of residence or registered office.



TITLE V OF THE



RECOGNITION AND ENFORCEMENT OF JUDGMENTS



Article 52



The subject of the recognition and enforcement of



1. Each Contracting Party shall recognise and execute in its territory

conditions laid down in this agreement, all decisions issued on the territory of the other

the Contracting Parties.



2. Within the meaning of paragraph 1, decisions shall mean:



and) decision in civil matters, property and non-property

issued by the courts or other competent authorities,



(b)) decisions of courts in criminal matters relating to the obligation of compensation

for the damage caused,



(c) decisions of the courts concerning the) court costs,



d) awards.



3. For the purposes of this agreement, the term "decision" includes a court settlement.



Article 53



The conditions for recognition and enforcement of decisions



The decision shall be recognised and enforced under the conditions:



and if the final and) are enforceable under the law of that Contracting

Party on whose territory was released. In the case of maintenance obligations

recognize and interim measures, if they are enforceable in the territory of the Contracting

party where it was issued,



(b)) if not violated this agreement provided for the exclusive-or

the competence of the judicial authority of the Contracting Party in whose territory the occur

to recognition or enforcement,



(c) if the debtor that) with the control did not attend, was delivered to the

the summons and petition in a timely manner and in accordance with the laws

the legislation of the Contracting Party in whose territory the decision was issued, and in

If that party did not have the competence to perform legal acts,

He was given the opportunity to be represented in the proceedings,



d) between the same parties in the same case for the same acts has not been issued

previously, the final decision or does not occur in the same case on the basis of

previously filed proceedings in the judicial authority on the territory of the Contracting

the party's decision to accept or require performance,



(e)) where recognition or enforcement of a judgment does not disturb the public order, the Contracting

the party in whose territory the decision is to be recognised or enforced.



Article 54



Application for recognition of a writ of



1. An application for recognition of a writ served a legitimate for

the judicial authority which issued a decision in the first instance.

This judicial authority then sends the proposal to the competent court of the other Contracting

the parties to the application for recognition and enforcement of a decision. This proposal

may be given directly to the legitimate and this Court.



2. the application must be accompanied by:



and) a certified copy of the full text of the decision, as well as confirmation that the

the decision is final and enforceable, if it's not obvious from the

the decision itself,



(b)) the originals or certified true copies of documents that prove that the debtor,

that procedure did not attend, was served properly and in a timely manner,



c) certified translations of proposals and documents referred to in points (a) and (b)))

This article.



3. The proposal for a regulation on the performance in the case of decisions on costs

management of the certified copy of the decision, joins confirmation, from which it follows that

the decision is final and enforceable, as well as certified translations of these

of documents.



4. At the same time with the proposal on the regulation of the enforcement of a decision may be made to the

(I) a request for a private performance.



Article 55



The procedure for recognition and enforcement of a decision ordering the



1. a judgment given in the territory of one Contracting Party relating to the

the status and competence of own citizens, are recognized

on the territory of the other Contracting Party. If it was issued in a third

the State must be recognized by the first Contracting Party of which such persons are

nationals, only then the other Contracting Party.



2. decisions relating to other things than are listed in paragraph 1


This article may be accepted, provided that the conditions referred to in

articles 52 and 53.



3. the enforcement of decisions in matters of property shall have the power

the judicial authorities of the Contracting Party in whose territory the enforcement is to be carried out.



4. The procedure for enforcement, as well as in the implementation of the performance shall be governed by

the legal order of the Contracting Party in whose territory the enforcement is carried out.



5. If the decision contains solutions for multiple points of claim,

that may be separated, recognition or enforcement may be issued

separately.



6. Any objection relating to the enforcement of a decision by the Court,

that the performance of the mandates.



7. Before the Court, which performs its own performance, you may only submit mandatory

such objections, which may be invoked under the law of

the Contracting Party in whose territory the decision about whose performance

It is.



8. Prior to a decision on the proposal for a regulation of the exercise of the Court may, if it

considers it necessary, request the parties to submit certain explanation

or supplement the proposal on the regulation of performance. May also request

further clarification from the judicial authority issuing the decision.



Article 56



The effects of the recognition and enforcement of



Final decisions of the judicial authorities of one Contracting Party as soon as

are recognized or is mandated by their performance on the territory of the other Contracting Party,

they have the same effects as a judgment issued by a judicial or other

the competent authorities of the other Contracting Party.



Article 57



Release items and monetary amounts



The release of items, money or surrender of monetary amounts

a creditor who has his domicile or registered office in the territory of the other Contracting Party,

will be done according to the law of a Contracting Party which performs

execution of the decision.



Article 58



The cost of the recognition and enforcement of



1. About the determination and enforcement of the costs associated with the regulation and with

performing the requested court shall decide according to the performance of the legal

the laws of your state. These costs shall include the costs associated with

translation and validation of documents.



2. the party to the proceedings, that the judicial authority of one Contracting Party,

that issued the decision, benefited from the advantages provided for in article 6 (1). 1 this

of the Treaty, will enjoy the same benefits, even when enforcement proceedings,

which will be held on the territory of the other Contracting Party.



Article 59



Enforcement of costs



If the debtor, who was freed from a security deposit referred to in article

4 thereof, was saved by a final decision to replace

the legitimate costs of the proceedings, the competent court in the territory of the other

the Contracting Parties shall, at the request of the authorized enforcement free of charge to

the recovery of these costs.



Article 60 of the



1. the application for enforcement shall be accompanied by a certified copy

the decision, as, from which it was clear that the decision of the

is final and enforceable, as well as certified translations of these

of documents.



2. validation and costs for translations and for verification of documents

referred to in paragraph 1 shall be regarded as costs.



3. The court orders the execution of the decision without summoning the participants in the proceeding,

It shall be limited to verifying whether the decision is final and

enforceable.



At the same time, this Court will order and enforcement of recovery of the costs of

referred to in paragraph 2 of this article, as determined by the competent

judicial authority of the Contracting Party on whose territory arose.



Article 61



Recognition and enforcement of arbitral awards



The two Contracting Parties in accordance with the provisions of the Convention on the recognition and enforcement of

foreign arbitral awards, concluded on 10. June 1958 in New York City,

recognised and enforced arbitration awards issued on the territory of the other Contracting

party.



TITLE VI OF THE



FINAL PROVISIONS



Article 62



Resolution of disputes



Disputes arising from the interpretation or implementation of this agreement will be

addressed to the consultation of the relevant ministries of Justice both

of the parties, or through the diplomatic channel.



Article 63



Ratification and entry into force of the Treaty



This agreement is subject to ratification and shall enter into force 90. the day after the date of

the exchange of instruments of ratification. To exchange the instruments of ratification will occur in

Prague.



Article 64



Force Of The Treaty



This agreement shall be concluded for an indefinite period. Each of the two Contracting Parties

may denounce it by written communication transmitted through the diplomatic channel.

Denunciation shall take effect upon expiry of one year from the date of the written

the communication.



The date on which this Treaty enters into force, the Agreement shall cease to

between the Czechoslovak Republic and the Romanian people's Republic on legal

assistance in civil, family and criminal matters, agreed in Prague

on 25 April. October 1958, in terms of legal assistance in civil and

family.



Done at Bucharest on 11 July. July 1994 in two original copies,

every in Czech and in Romanian language, both texts have

the same force.



On the evidence of the agent of both parties, have signed this agreement and

endow it with my seal.



For the Czech Republic:



JUDr. Jiří Novák in r.



the Minister of Justice



In Romania:



Gavril Iosif Chiuzbaian in r.



the Minister of Justice