On Reciprocal Relations In Judicial Matters With Turkey

Original Language Title: o vzájemných stycích v soudních věcech s Tureckem

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=5665&nr=75~2F1933~20Sb.&ft=txt

75/1933 Coll.



Convention



between the Republic of Czechoslovakia and the Republic of Turkey concerning reciprocal

relations in civil and commercial matters.



On behalf of the Czechoslovak Republic.



On behalf of the Czechoslovak Republic.



and



the Republic of Turkey



This Convention has been negotiated with the signing by writing:



(Translation.)



The Convention between the Czechoslovak Republic and the Republic of Turkey on the

mutual relations in civil and commercial matters.



The Czechoslovak Republic and the Republic of Turkey desiring to accounts in

Civil and commercial matters the judicial protection of the Czechoslovak

Members in Turkey and Turkish nationals in Czechoslovakia, as well as

mutual assistance, which you have provide courts (the authorities) of both States,

they will agree to the objectives of the Convention, and its name

agents:



The President of the Republic:



Mr. JUDra. Pavel Wellnera,



splnomocněného Minister and Special Envoy of the Ministry of

Foreign Affairs, and



Mr. JUDra. Anthony Looked,



the high Trade Union Council in the Ministry of Justice;



President of the Republic of Turkey:



Mr. Menemenli Numana Bey,



the authorized Minister of the I class, Undersecretary of State in the Ministry of

Foreign Affairs,



who, sdělivše your power of Attorney, and shledavše is in good and due

the form, they agreed on the following provisions:



Head first.



About the Court of protection.



Article 1.



About the same treatment.



1. the Members of each of the Contracting States will be on the territory of the other

požívati to legal and judicial protection of their persons and their property

the same treatment as their own nationals.



2. This objective will have free access to the courts and will be able to acting

before them, under the same conditions and formalities as its own nationals.



Article 2.



Exemption from securities and advances.



1. Nationals of one of the Contracting States who have their residence in the

the territory of one of them and are the plaintiff or the intervenienty before the courts

the other State, cannot be uložiti no however pointed to a security or

the composition of the Court because they are foreigners or that they do not have in your state of residence

or stay.



2. The same goes for salaries, which the applicants and intervenientům

to ensure the court costs.



Article 3.



1. Decisions on the territory of one of the States parties was the plaintiff

intervenient, freed or whether, pursuant to article 2 or in accordance with the legal

order of the State, where the suit was filed, from certainty, the composition of the Court or

payment, sentenced to spending and replacement costs of the dispute, the competent

the Court (by the authority) of the second State declared enforceable, free of charge.



2. the application for it can administer either in the way of diplomatic or interested

a party may not administer it directly with their respective court (authority).



3. the same is true of judicial decisions, which was subsequently established

the amount of the spending dispute.



Article 4.



1. decisions on clients and costs, which shall be mentioned in the article

3, will be declared enforceable without hearing the parties, but preserving

convicted right-side of the complaint according to the law of the State where the leads

execution.



2. the Court (Office) competent for deciding on the request for enforcement shall limit

the examination of:



and whether the decision took legal) Authority under the laws of the State where the

the conviction;



(b) whether the operative part of the decision) is provided with a translation into the language of the requested

State or into a language of French, authorized diplomatic or

konsulárním representative of the requesting State or the sworn interpreter

State of the requesting or requested.



3. To comply with the conditions laid down in paragraph 2 and the Declaration will suffice)

(authority) the competent court of the requesting State that the decision took

legal power. The jurisdiction of this Court (the Office) is osvědčiti the highest

the clerk of the court administration of the State. The Declaration and the certificate being

vzpomenutá integration of translation, however according to the rules referred to in

paragraph 2 (b));



4. the Court (Office) competent for the decision on the application for enforcement

provides if a party asks for it at the same time, the cost of the certificate,

translation and validation, which is the language in paragraph 2 (b)). This cost is

call for spending and the costs of the dispute.



Article 5.



The right of the poor.



Nationals of one of the Contracting States shall be granted on the territory of the other

the right of the poor, under the same conditions as their own nationals.



Article 6.



1. The report card shall be issued by the authorities means the regular residence of the applicant's

or, if he does not stay, the authorities of his temporary stay.



2. If the applicant is not present in the State, asking for the right of the poor, the

term papers free of charge, to satisfy a means test the diplomatic or

konsulárním representative of the State where the document should be submitted.



3. If the applicant is not present on the territory of any of the Contracting States, it is sufficient

report card issued by the competent diplomatic or konsulárním representative

the State, which is a national.



Article 7.



1. If the applicant Resides in the State, asking for the right of the poor, the Office may

competent to issue a report card to a means test, however the necessary

information about its financial circumstances at the offices of the State of which is

a national.



2. the Court (Office), which belongs to decide on the request for the right of the poor,

hold within the limits of its powers and the right to přezkoumati the report card and the data

that have been submitted and the additional information for the, however

adequate clarification of the matter.



8.



The party that the competent court (by the authority) of one of the two Contracting States

It was granted the right of the poor, will be požívati this benefit for all

procedural acts concerning the same dispute, which according to the provisions of this

the Convention must be realized before the courts (the authorities) of the country of the second.



The head of the second.



On mutual legal assistance of the courts (offices).



Article 9.



On the service of documents.



1. at the request of the Consulate to the requesting State have been filed court (authority), that

the requested State will be determined, in civil and commercial matters

delivered to the writings of the courts (the authorities) of one of the Contracting States by the person

that are present on the territory of the other. The request, in which the Court should indicate the

(Office), from which the file is delivered, the name and role of the parties, the address

the recipient and the nature of the file that must be in the language of the requested sepsati

State. This request should be served file translation, připojiti

certified in accordance with article 4, paragraph 2. 2 (b)).



2. the Court (Office), which is controlled by the request, shall send the proof of konsulovi

completion of the delivery of the neb shall notify the fact that prevent it.

If there is no local jurisdiction, it shall refer the request of official duties

to the competent court (the Office) and without delay inform the Consulate.



Article 10.



1. service of the competent court (authority) of the requested State. With the exception of

in the case referred to in paragraph 2 May this Court (Office) omeziti to

delivering the file odevzdaje it to the consumer, if this is willing to file

ye.



2. At the request of a requesting court (Office) delivers the requested court

(the Office of) the file in the form prescribed by its own legal order for similar

delivery or in the form of a special, if not contrary to its laws.



Article 11.



Proof of service will become either dated and authenticated confirmation

příjemcovým neb certificate of the authority of the other State that how and when

the delivery was made.



Article 12.



On the execution of letters rogatory for legal assistance.



1. In civil matters neb business, the Court may (the Office of) one of the

Of the Contracting States in accordance with the laws of the law unless the

the competent court (the Office of) the State second with addressed letters rogatory for legal assistance, to

the limits of its competence, carried out either an act of procedure or any other acts

the Court.



2. Letters Rogatory for legal assistance shall surrender the Consul of the requesting State of the Court

(the Bureau), which marks the State requested. It is however necessary translation into

the language of the requested State, authenticated either diplomatic or konsulárním

the representative of the requesting State or the sworn interpreter State

of the requesting or requested.



3. the Court (Office), which was controlled by letters rogatory for legal assistance shall send

konsulovi proof of the performance of the request or the circumstances, that the performance of

prevent. If there is no local jurisdiction, it shall refer the request for legal assistance from the

official duties to the competent court (the Office) and without delay inform the

Consulate.



Article 13.



1. the Court (Office), which was controlled by the request for legal assistance is

must vyhověti using the same coercive means as in the

the performance of the request of the courts (offices) of their own State. But it is not obliged to

use of coercive means, in the case of personal presence

Parties to the dispute.



2. the requested court (the Office) will be in the performance of the request for legal aid

the říditi procedure, the need to use the laws of their own State;

However, it will be granted the request of the requesting State, in order to maintain

a special form, if this form is not contrary to the law of the requested

State.



3. the requesting authority will, if requested, informed of the time and place, when and

where the request is performed for legal aid, so that any interested party may

in doing so, to be present.



Article 14.



Any problems that might have resulted from the delivery of the desired

Consul, or from the performance of the request for legal assistance by the stage,

in the way of diplomatic.



Article 15.




To refuse the delivery of the files or the performance of the request for legal aid.



The performance of the service or the request for legal assistance can be odmítnouti, where

the State on whose territory it is realized, such that they can porušiti

its sovereignty, security or public order. Moreover, it can be odmítnouti

the performance of the request for legal aid also, if not proven the authenticity of the document

or if such a power does not belong to the territory of the requested State to the judicial

powers.



Article 16.



About the cost of delivery of files and the performance of the request for legal aid.



1. in the performance of the delivery and request for legal aid shall demand cannot be

the payment of any costs of the neb fees either.



2. However, the law of the requested State shall demand has on the State of the requesting

a refund of amounts paid witnesses and experts, as well as costs associated

the participation of the seconded official, if it was necessary, therefore, that the witnesses

report on a voluntary basis, or the costs associated with the maintenance of the Special

forms in the performance of the delivery of the neb request for legal aid.



Article 17.



Delivery of files and on the execution of letters rogatory for legal assistance to diplomatic neb

konsulárním representative.



1. Each Contracting State is entitled to debit directly and doručiti writings

without coercion to its nationals who are in the territory of the other State,

with her diplomatic neb konsulárními representatives.



2. The same right is also, in the case of the performance of the request for legal aid.



3. If difficulties Arise from the application of this article, should be in accordance with and long life

the provisions of articles 9 and 12 of this Convention.



Article 18.



On the legal information and certification of statutory regulations.



Each Contracting Party shall affix on the request of the Court (authority) of the other party,

presented in the way of diplomatic, the texts of laws in force on its territory

and as well as any other necessary legal information.



In the application must be exactly indicate the legal question, which has to be provided

information.



The head of the third.



The provisions of the final.



Article 19.



1. this Convention shall be ratified and the instruments of ratification shall be exchanged

in Ankara as soon as possible.



2. Shall take effect three months after the exchange of instruments of ratification. Can

be vypověděna by the neb in that State; However, it remains effective even six

months after he was vypověděna.



The conscience of the agents have signed this Convention.



Given in Prague, in duplicate, on 22. of August, one thousand nine hundred

30.



L. s. Dr. Wellner in r.



L. s. Dr. K.r. in r.



L. s. m. Numan v. r.



The Protocol of signature.



Přistupujíce for signature of the Convention from the date between the Republic of

Czechoslovak and the Republic of Turkey on reciprocal relations in judicial

Civil and commercial matters, agreed with the subscribing agents as follows:



Both parties agree that the cancellation of the formalities for verification of the judicial records,

If considered desirable, may be the subject of a specific agreement between the

both Governments.



Further consent is in the fact that the accompanying power to public documents drawn up by the

the territory of one Contracting Party in the territory of the other, will be assessed according to the

the laws of the State where the documents were written, without, however, they could be

awarded the accompanying power to an extent greater than that permitted by the laws of the party in which the

the Court is sitting.



Given in Prague, in duplicate, on 22. of August, one thousand nine hundred

30.



L. s. Dr. Wellner in r.



L. s. Dr. K.r. in r.



L. s. m. Numan v. r.



Prozkoumavše with the signing the Convention endorsement and we confirm registration

It is.



The conscience we have signed this sheet and the seal of the Republic

The Czechoslovak přitisknouti dali.



Prague Castle on 19 December. June summers devítistého thirty-one thousand

the first.



The President of the Republic:



T. g. Masaryk in r.



L. S.



Minister of Foreign Affairs:



Dr. Edvard Beneš in r.



Is that the instruments of ratification were exchanged in Ankara on

on March 6, 1933, so the Convention shall become article 19. International

the effectiveness of day 6. June 1933.



Dr. Edvard Beneš in r.