130/1924 Sb.
Contract
between the Czechoslovak Republic and the German Empire, on the protection of the laws, regulations and
legal aid in civil matters.
(Translation)
Tomáš G. Masaryk,
the President of the
of the Czechoslovak Republic,
to all,
who will read this list,
"good morning".
The National Assembly of the Czechoslovak Republic spoke in 26 meetings.
June 1922 and 11. July 1922 the consent agreement between the Republic of
Czechoslovak and German Empire, legal protection and legal assistance in
civil matters, as well as the additional protocol, signed in Prague
20 December. January 1922 in this version:
Contract
between the Czechoslovak Republic and the German Empire, on the protection of the laws, regulations and
legal aid in civil matters.
The Czechoslovak Republic and the German Empire agreed to uzavříti the Treaty to
ensure civil protection legal members of the Czechoslovak Republic
in the German Empire and the Empire of German nationals in the Republic of Czechoslovakia,
as well as to modify the legal assistance in civil matters between the courts of both
of the Contracting Parties.
To this end, have designated agents:
the President of the Czechoslovak Republic:
Mr. Václav Girsu, dra
the extraordinary Envoy and Plenipotentiary Minister, and
Mr. Emil dra File,
Trade Manager in the Ministry of Justice;
the President of the German Empire:
His Excellency Mr. dra Walter Koch-and,
the extraordinary Envoy and Plenipotentiary Minister,
Mr. Albert von Baligand dra-and,
legačního advice in the Foreign Office, and
Mr. dra Erich Volkmar-and,
the secret of the Government's advice and the advice of the Prime Minister in the Imperial Ministry of
Justice.
Agents, sdělivše to each other their full powers and shledavše is in good and
due form, have agreed on the following provisions:
The first section.
Legal protection in civil matters.
Article 1.
In civil matters enjoyed by nationals of one Contracting Party to
legal and judicial protection of the persons and of them a fortune in the territory of the other Contracting
the Parties shall, without prejudice to the applicable laws of language there, the same position as
own nationals.
For this purpose may freely and without barriers dovolávati courts and acting
there for the same conditions as their own nationals.
Article. 2.
The rights and obligations arising from the agreement of Paris the Federal 20. March 1883
on the protection of trade property, revised in Brussels on 14 May.
in December 1900 and July 2 in Washington. in June 1911, in proportion
the Contracting Parties for the binding from the establishment of the State of neodvislého
Czechoslovak 28 June. October, 1918.
Article 3.
From nationals of one Contracting Party who, before the courts of the other Contracting
the Parties shall act as the plaintiff or may not be under the intervenienti
any name requested any security or the composition of the Court, therefore,
they are aliens, or that are not in the territory of the country of residence or stay.
The same is true about the backups that I from the applicants or
intervenientů to cover the costs of litigation.
Article 4.
Nationals of one contracting party grants the other party in the territory of the
the right of the poor in the same conditions as the nationals of that party.
The second section.
Legal aid in civil matters.
Article 5.
In civil and commercial matters served files and shall be treated
the request for legal assistance directly between the authorities of the Contracting Parties.
In the Czechoslovak Republic shall forward directly to request a delivery receipt or
other legal aid and also take over the Bureau's choral courts
the first stool.
In the realm of the German is the responsibility of direct mail requests for service or for the
other legal assistance to all courts, the takeover of the then presidentům of the Earth
of the courts.
If the requested authority is locally celebrated before an incompetent, shall refer the request of official
obligations of the competent authority and shall inform the authority without delay
the applicant.
6.
The request for notification and applications for legal aid in the language of sepsati is
start-up of the requesting State. In them given the applicant the Office, as well as
the name and position of the parties in the proceedings. In addition, applications for service
udati příjemcovu address is and the kind of document that has to be delivered.
The language of the start-up within the meaning of this agreement means on the side
the Czechoslovak State language, on the side of the German language official.
Article 7.
Delivery to the competent authority of the requested Party shall seek the contract. This Office
may, apart from the ku case concerned in paragraph 2., obmeziti is on it, that
performs the delivery of the document to the recipient, the appliance if it is willing to it
accept the.
The requesting authority wishes to delivers the requested Office document, which is
doručiti, if it is drawn up in the language of the State of the requested or start-up
measures a translation in that language, in the manner prescribed by its internal
law for the service of this kind. In this case, you will also
the request for the service of written in the language of the start-up state of the applicant
such a translation is attached.
The translations referred to in the previous paragraph is ověřiti. Verifies the
the diplomatic or consular representative of the State of the requesting or přísežný
the interpreter State of the requesting or requested. Each of the Contracting
the parties gives the will to hold to this translation also its authentication
judge.
Article 8.
Proof of delivery either příjemcovým confirmation of delivery with
the date and authorized, or confirmation of the authority of the requested party contracting about
that the delivery was carried out, how and when it happened.
Article 9.
The Court, whose request for legal aid has an obligation to him is the vyhověti and
to use when doing the same coercive means as when handling
the request of the authorities of his own State or in handling the proposals made
for this purpose, the Party on the management of účastněnou. Also the way of processing
governed by the laws of the requested State; on the proposal of the applicant to the Office is, however,
and long life form a special, if this is not contrary to the legislation of the requested
the Contracting Parties.
The requesting office will, if requested, it had been informed about the time and place of the hearing,
for which it was requested, so that the interested party could it be
present.
Article 10.
Requests for the service and request for legal assistance can be
denied, if the party in whose territory the desired action should be
made, it is deemed to be eligible, to undermine the sovereign rights
or her safety.
Article 11.
For the processing of applications for the service and for the request for assistance shall not
be required fees and expenses of the bland; exempt, unless otherwise
had been agreed, the fees of witnesses or experts, as well as the expenses incurred by the
the activities of the Executive Officer in the case of the article. 7. 2. or by using the
specific forms according to the article. 9. 1.
Article 12.
This Treaty, of which the text in both languages is authentic, it will
ratified and the instruments of ratification will be in Berlin as soon as possible
replaced.
The contract will take effect one month after the exchange of instruments of ratification.
Will remain in force even 6 months from the date when one of the two Contracting
the parties will be vypověděna.
On the evidence of this signed contract agents and obtain their own
the seal.
Drafted in the original twice in Prague on the 20th of January
jedentisícdevětsetdvacetdva.
Dr. v. Girsa v.r.
Dr. e. Spira v.r.
Dr. Koch v.r.
Baligand v.r.
Volkmar v.r.
Annex.
The additional protocol
Czechoslovakia-German Treaty on the legal protection and legal assistance in
civil matters.
Plnomocní representatives of the Czechoslovak Republic and the German Empire, considering
podepsati the Treaty on the legal protection and legal assistance in civil matters,
finding agreement on behalf of their respective Governments in the following points:
1. The provisions of article 1, paragraph 1(b). 1. are without prejudice to the arrangements of the highest
the benefits made between the Contracting Parties in other treaties or
dohodnutích.
2. the Contracting Parties shall apply for delivery charges, which forms
communicate with each other.
3. To request the Parties requesting legal assistance, in accordance with article sepsanému. 6
the contract in the language of the start-up, as well as its annexes attached translation
in the language of the start-up of the requested Party.
Agents of the two parties expressed at this point, that in those cases,
where the translation of the measures worked for reasons worthy of special considerations
the problem of the authority requesting legal assistance, the requested authority if it
possible, will be assisted by.
4. the Contracting Parties shall communicate to each other with an overview of the distribution of courts,
organized by the courts of first instance choral circuits, or
provincial courts. The overview will be to clarify, if the map is illustrated by the following
hands.
The evidence that agents have signed this additional protocol.
Drafted in the original twice in Prague on the 20th of January
jedentisícdevětsetdvacetdva.
Dr. v. Girsa v.r.
Dr. e. Spira v.r.
Dr. Koch v.r.
Baligand v.r.
Volkmar v.r.
(Translation)
Shlédnuvše and prozkoumavše the resolution of the National Assembly,
We declare the said Treaty and the additional protocol as approved,
accepted, confirmed and utvrzeny and the power of this worksheet, signed by our
the hands of their own, we endorse, we accept, we confirm and fashionable madmen,
promising that it is inviolable and we'll keep the zachovávati and
What was against them from any cause and any
imaginary way.
The conscience we seal the sheet of the Republic, prepare
they gave.
Done at Prague on 8. February 1923.
T. g. Masaryk v.r.
L.S.
Minister of Foreign Affairs:
Dr. Edvard Beneš-v.r.
Is that the instruments of ratification were exchanged, 28 June. may
1924; the contract shall therefore pursuant to article. 12 in the international scope of the day
June 28, 1924.
Dr. Benes v.r.
