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
