22/1931 Sb.



The AGREEMENT



between the Republic of Czechoslovakia and the Republic of Portugal on mutual

legal assistance in civil and commercial matters.



On behalf of the Czechoslovak Republic.



On behalf of the Czechoslovak Republic



and



the Portuguese Republic



This agreement has been negotiated with the list and additional writing:



(Translation.)



The agreement



between the Republic of Czechoslovakia and the Republic of Portugal on mutual

legal assistance in civil and commercial matters.



The President of the Republic and the president of the Republic of Portugal

taking as a basis the modifications of the legal relations between the two countries, the international

The Hague Convention on the civil trial of 17 May. July 1905, to

which proceeded to the Republic of Czechoslovakia, and the Kingdom

The Portuguese, and desiring to make the implementation of certain measures

the provisions of this Convention, and in addition, the verification of accounts and the accompanying power

documents and the communication of legal information, they decided to uzavříti this

the purpose of the agreement and the name of its designee:



The President of the Republic:



Mr. Emil JUDra, Spiru



the preferred trade in the Ministry of Justice and



p. JUDra, Karl Halfara,



the preferred Department of international treaties in the Ministry of foreign

things,



President of the Portuguese Republic:



p. Dra Abel de Andrade,



Professor at the Faculty of law in Lisaboně,



p. Dra José Caeiro da Mata,



Professor at the Faculty of law in Lisaboně,



who, vyměnivše your power of Attorney, which were found in good and due

the form, have agreed on the following provisions:



(I).



The service of judicial and extrajudicial writings.



The request for legal aid.



Article 1.



Mutual legal assistance shall include within the meaning of title I and II. The Hague Convention

of 17 May. July 1905 relating to legal proceedings civil:



and the service of judicial and extra-judicial) writings in civil and

business, including the writings of the judiciary to be the undisputed;



(b) the performance of the request) for legal aid in the cases referred to below and).



Article 2.



The writings, which is doručiti and the request for legal aid, which is

challenge will be sent to the Ministry of Justice and cult in Lisaboně

the Ministry of Justice in Prague and the Ministry of Justice in the

Prague directly to the Ministry of Justice and cult in Lisaboně. These two

the Ministry will take a fast execution of these requests for legal

assistance to the competent courts (authorities) by the Portuguese or Czechoslovak.



Both departments will use the language in their relations exclusively

the French.



The writings, which is doručiti, can also be sent to the competent authority of the

by post directly to the persons for whom they are intended.



The Contracting Parties shall grant you the right to make delivery of the files to the debit

the territory of the other party with her diplomatic or konsulárními representatives

directly and without threats or coercion, as well as, regardless of

the jurisdiction of the person for whom the files specified.



Article 3.



The writings, which is doručiti in accordance with articles 1. and 2. referred to the Hague Convention,

is sepsati in Portugal, in the Portuguese language, in Czechoslovakia

the language of the Czechoslovak or, if the provisions in force so allow, in

the language of the national minorities. These writings, as well as those, that is,

doručiti referred to in article 3. of the Convention, must be signed and

seal or stamp of the Court (authority) of the applicant. Authentication is not required.



If the service referred to in article 3. The Hague Convention, the file

that is doručiti in the other Contracting State, drawn up in a

(start-up) the language of that State or be accompanied by a translation into

This language, a Certified sworn translator (translator), or

the diplomatic representative of one of the konsulárním or both Contracting

States. At the request of the translation will be provided with and in State requested on

expense of the requesting court (authority).



Article 4.



The Portuguese request for legal aid and their annexes shall be drawn up in

the language of Portuguese and accompanied by a translation into the language of the Czechoslovak,

a Certified sworn translator (translator) in Portugal;

Czechoslovak request for legal aid and their annexes shall be drawn up in

the Czechoslovak language and accompanied by a translation into the language of the Portuguese,

a Certified sworn translator (translator) in Czechoslovakia. On

These translations will be provided with the application and in the State requested to load

the requesting court (authority). The request for legal aid will be provided with a

signature and seal or stamp of the applicant to the Court (of the Office). Verification of the

There is no need.



Article 5.



Legal assistance referred to in article 1. -4., as well as translations, of which the

acting articles 3. and 4., cannot be denied on the grounds that the

the requesting court (Office) took a backup to ensure recovery of costs.



Shipping goes on the expense of the sending State.



II.



Enforcement of decisions about the costs and clients.



Article 6.



Decisions on costs and clients referred to in article 18, paragraph 1. 1. and 2.

The Hague Convention and issued by courts of one of the two States, according to the

the provisions of paragraph 1. 3 of that article at the direct request of the interested party

carried out free of charge on the territory of the other State in the same manner as a judgment

his own courts. This request is not administer the competent court

the second Member State.



The request is part of the decision ordering the připojiti bearing

confirmation of the Court which issued the decision that has come into legal force.

The applicant must also předložiti certified translation of these documents, in

Portugal in the Portuguese language, in Czechoslovakia, in the language of the

Czechoslovak.



The amount of spending associated with measures of translation, which is this article,

will be on the request of the interested parties, that is, to make the request, the

determined by the requested court; These costs will be considered as costs and

the spending process.



III.



Verification and the accompanying documents too.



Article 7.



The writings or documents written, issued or certified by the courts of one of the two

States, if they are provided with a seal or a stamp of the Court do not need further

Verify if there has to be applied before the courts on the territory of the State of the other.



The writings or documents written, issued or certified by one central

administrative authority in both Contracting States or by any administrative authority,

a child directly, do not need such authority, if it is to be applied to them

before the courts on the territory of the second Member State, no further verification if they are

provided with a seal or a stamp of the said Office and if this Office listed

in the list, attached to this agreement. This list may be, moreover, after

the previous agreement, changed or supplemented.



8.



Public documents drawn up in the territory of one of the two States, as well as commercial

the book will be guided, there have, before the courts of the other State the same cover

power accorded to them by laws of the State from which they come. The accompanying power

However, they will be granted only to the limits accepted laws of the State of which the

the courts will be a matter of projednávati.



IV.



Legal information.



Article 9.



The Ministry of Justice and cult in Lisaboně and the Ministry of

Justice in Prague will be free of charge, on request sdělovati information

on the law applicable in their State.



In the application is precisely indicate the legal questions, about which it is requested

information.



In the.



The ratio to the 1980 Hague Convention.



Article 10.



Relations between the two Contracting States in matters covered by the international

Convention on civil court proceedings, concluded at the Hague on 17. July

1905, if not affected by this Agreement, říditi will continue to

that Convention.



Vi.



Final provisions.



Article 11.



This agreement will be ratified, the instruments of ratification shall be exchanged in

Prague.



Will take effect a month after the exchange of instruments of ratification and shall remain in

the validity of one year after termination, which can be given at any time.



On the conscience of the agents have signed this agreement in duplicate.



Done at Lisaboně, on 23 December 2005. November 1927.



L. s. Dr. Emil Spira in r.



L. s. Dr. Charles F H in r.



L. s. Abel de Andrade in r.



L. s. José Caeiro da Mata in r.



The additional protocol.



Agents of the parties, the agreement between the Republic of podepisujíce

The Czechoslovak Republic and Portugal on mutual legal assistance in

Civil and commercial matters, they agreed:



1. that the courts within the meaning of the agreement means also Trusteeship (orphan's) offices

in Slovakia and Carpathian Ruthenia;



2. that the writings of the delivery will be the Ministry of Justice and cult in

Lisaboně and the Ministry of Justice in Prague, the battle dragons form

the pattern, the Parties later agree.



This Protocol shall form an integral part of the agreement.



On the conscience of the agents have signed this Protocol.



Done at Lisaboně, on 23 December 2005. November 1927.



L. s. Dr. Emil Spira in r.



L. s. Dr. Charles F H in r.



L. s. Abel de Andrade in r.



L. s. José Caeiro da Mata in r.



Prozkoumavše this agreement with a list and a supplementary registration, Subscribe

and we confirm it.



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

The Czechoslovak přitisknouti dali.



In the castle on 13 November in Prague. March devítistého of the 30th one thousand years.



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 Prague on

October 27, 1930 and acquired pursuant to article. 11 international effectiveness for

a month after the exchange of instruments of ratification. List of administrative offices belonging


According to the article. 7 to this agreement will be made public as soon as the Decree about additional

his amended version corresponding to what is now the legal situation will be

though the agreement with the Government of the Portuguese.



Dr. Edvard Beneš in r.