11/1932 Sb.
The Convention between the Czechoslovak Republic and the Republic of Lithuania of
mutual legal protection and legal assistance in civil and
commercial.
On behalf of the Czechoslovak Republic.
ON BEHALF OF THE CZECHOSLOVAK REPUBLIC.
ON BEHALF OF THE CZECHOSLOVAK REPUBLIC AND THE REPUBLIC OF LITHUANIA HAS BEEN NEGOTIATED THIS
WITH THE FINAL REGISTRATION OF THE CONVENTION AND (B):
(Translation).
The Convention between the Czechoslovak Republic and the Republic of Lithuania of
mutual legal protection and legal assistance in civil and
commercial.
The President of the Republic and the president of the Republic of Lithuania
Desiring to accounts and legal relations of the two States if they concern mutual
legal assistance in civil and commercial matters, they decided to establish a permanent Alliance of
the Convention and appointed a President of the Republic with their agents:
JUDra: Mr. Miloslav Niederle, chargé d'affaires a. i.,
and Mr. Anthony JUDra, the high was watching the Trade Council in the Ministry of
Justice; President of the Republic of Lithuania: Dra Zauniuse, Mr. Dovase
Minister of Foreign Affairs, who, sdělivše your full power and
shledavše is in good and due form, have agreed on the following
provisions:
HEAD FIRST.
The provisions of the General.
Article 1.
About the same treatment.
1. the Members of each party will be on the territory of the other požívati
in terms of legal and judicial protection of their persons and their property the same rights
as its own nationals.
2. This objective will have free access to the courts of the other State, and will be
there before them, acting under the same conditions and formalities as a custom
members.
3. If the legislation of either of the Contracting Parties, a special form of
for the Declaration of reciprocity required against foreign States,
This condition shall be considered satisfied by this Convention.
4. General language regulations applicable in each of the Contracting States,
are not affected by this Convention.
THE HEAD OF THE SECOND.
Exemption from securities and advances.
Article 2.
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 are stored the applicants or
intervenientům to ensure the court costs.
Article 3.
1. Decisions on the territory of one of the Contracting Parties was plaintiff or
intervenient, exempt either under article 2 or under the law 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 of the other State (by the authority) was carried out free of charge.
Request for execution will be necessary to administer the manner prescribed in article 8 of this
of the Convention. It must připojiti verified copy of the judicial decision
clients, and the costs of the dispute and a certificate of the competent court is however
the State, where it was released that the decision took legal force. The jurisdiction of the
This Court is the Ministry of Justice statement of osvědčiti
State to whom the Court belongs. It will also be necessary to připojiti the
language of the State where enforcement is sought for; These translations will acquire or
verifies the correctness of the diplomatic or consular representative of the State where the
the decision was made, or any one of the sworn translator
both of the Contracting States.
(The Office of) the competent court for a decision on the request for enforcement shall require
If a party asks for it at the same time, the cost of the certificate, translation and
Verify the authenticity of the copies referred to in paragraph of the first section of this article. These
the cost per call is spending and the costs of the dispute.
Permit execution and its performance shall be governed by the legal order in force in the State,
where enforcement takes place.
Subject to the rights of the convicted party under complaint State legislation
where it asks for execution, it is not necessary to hear the parties.
2. the provisions of the preceding paragraph also applies to judicial decisions,
which was subsequently established judicial spending.
THE HEAD OF THE THIRD.
On the right of the poor.
Article 4.
1. Nationals of one of the Contracting States will be on the territory of the other
granted the right of the poor, under the same conditions as their own nationals
nationals.
2. the party with whom the competent court (by the authority) of one of the 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.
Article 5.
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 6.
If the party has a domicile or regular residence in the territory of one
Contracting State and wishes to be a sympathetic Justice of the poor in a dispute
that should be vznésti before the courts of the State of the second, it may not administer the request for
the competent courts or authorities of his residence or regular residence.
On the basis of this application and the attached to her report card a means test
allow the competent court of the other Contracting State the right of the poor to the dispute,
that is, before it started.
Article 7.
1. the authority competent to issue or confirmation of report card means test may
However the authorities of the other State the information about the property
circumstances of the žadatelových.
2. the Court (Office), which must decide on the request for the right to
of the poor, within the limits of its powers and the right to přezkoumati the report card and
data have been submitted, and, however the additional information for
adequate clarification of the matter.
CHAPTER FOUR.
On the service and on the execution of letters rogatory for legal assistance.
Article 8.
The Contracting Parties undertake to provide legal aid in
Civil and commercial matters.
Legal aid applies to:
and delivery of warrants) and other writings
(b)) the implementation of the request for legal aid.
The files to be served and the request for legal aid will be
sent by the Ministry of Justice of the requesting State directly
the Ministry of Justice of the requested State. Both of these ministries
will be pečovati of the quick execution of the request of the competent courts (offices).
If the requested court (authority) to the competent in a particular case, he shall notify
requested the Ministry of Ministry of the second Member State, which competent
Court (the Office) was the request of referral.
Returns the requested the Ministry of the request, whether they have been accepted or not.
Article 9.
1. applications for the delivery of files and letters rogatory for legal assistance is sepsati in
start-up the language of the requesting State and the translation into připojiti
the language of the requested State. Translation takes or checked
a sworn translator of one of the two Contracting States. However, it may be
also taken ex officio by the requesting court (by the authority).
2. the requested court (Office) may request the requesting court (Office)
However translation on his behalf.
3. Requests for the delivery of files and letters rogatory for legal assistance, needless to say
ověřovati, however, it must be equipped with the seal of the Court (the Office)
Article 10.
The content of the request.
1. At the request of the subject of the application, i.e. udati and, if necessary, the matter shortly
vylíčiti, the parties then indicate by name, profession, place of regular
stay and after the case of the registered office or place where the present, and their
the role of the process.
2. Requests for notification of the files is příjemcovu, a kind of address udati
the file that has to be delivered, and after the case the way it should be
delivery is carried out.
Article 11.
The method of execution.
1. applications for the delivery of files and letters rogatory for legal assistance will be handled
in the manner prescribed by the laws of the requested State.
2. However, at the express request of the applicant to the Court (of the Office) will be
vyříditi also in the form of specific, is not contrary to the legal system of the requested
State.
3. the instruments governing letters rogatory shall be handled, and their annexes need not be
However a translation in the language of the requesting State.
Article 12.
1. the Court, which will request for legal aid, will use when processing
the same coercive measures, such as the execution of the same request of the courts
(offices) of their own State, or request that the objectives will be
presented by the party concerned. From the enforcement measures for this purpose,
that the parties to the dispute shall personally attend, you can let us free ourselves, where is the legal
regulations prescribing.
2. it wishes to the requesting court (Office), will be notified when and where
It will be done in demand measures to ensure that the interested parties could be
present.
Article 13.
1. Vyhověti the request for legal assistance can be odepříti only, unless it is demonstrated
its authenticity, or if the requested measure does not belong in the State requested to
the tasks of the jurisdiction, or where the State is where should be
done, eligible to threaten his right or his výsostní
safety.
2. In this case, the requested court shall notify without delay to the Court (of the Office)
to the applicant the reasons for which compliance with the request for legal aid was
denied.
Article 14.
The writings, which are to be delivered to private persons, needless to say, however
a translation in the language of the requested State oficielního, but would be expressly
requested that the delivery happened in the form prescribed by its legal system;
otherwise, the delivery shall be carried out by simply submitting the file of the person that has to be
delivered, if is willing to accept the file.
Article 15.
1. Delivery of the files referred to in article 14. You can only odepříti
If the State on whose territory it is to be done, as eligible to
jeopardise its výsostní right or his safety.
2. in such a case, the regulation also applies to paragraph 2. Article 13.
Article 16.
1. Delivery will be prokázati either by confirming the příjemcovým, which is
However the date and Court ověřiti (Office), or a confirmation of the requested
the requested court (Office) about that, how, when and where the delivery of the
carried out.
2. If the file that is to be delivered, mailed in duplicate,
is to be a confirmation of its receipt or certificate either napsati on
one of the two copies, or připojiti.
Article 17.
Each Contracting Party may doručovati judicial writings of his
Members who are present on the territory of the other party directly their
by diplomatic or konsulárními agents. The threat by law enforcement
measures or their use, however, are in fact excluded.
Article 18.
On the costs of legal aid.
1. For the delivery of files and the execution of letters rogatory for legal assistance will not be
required no refund of any fees or expenses. An exception is
only the amounts that the requested State has paid witnesses and experts, as well as
the expenses incurred from the request about the use of special forms of procedure.
These expenses will be refunded regardless of the requesting State without delay,
whether their compensation from the parties concerned has received or not.
The provisions of the last sentence is to use even in the cases referred to in
paragraph (2). Article 4.
2. the requested court shall notify the (Office), however, the requesting court (authority) and the amount of
expenses incurred by him, which according to the first paragraph shall not be
replaced by the requesting State to court-appointed posléz (Office)
přikročiti and pry out on the person liable for their refund.
Amounts recovered shall be kept by the requesting State.
3. legal assistance cannot be odepříti from the causes that the requesting court (Office)
the exam in advance sufficient amount to cover the costs, which under the first
paragraph must be paid, unless the requested State could insist on
such a deposit as well as its own nationals.
4. fees and charges shall be paid by mail (Office) of the requesting court.
CHAPTER FIVE.
About validation and the accompanying power instruments.
Article 19.
1. Writings or documents written, issued or certified by a court or administrative
the Office of one of the two States do not need to, if they are provided with official
seals, the next verification is to be applied to them before the courts of other
the Contracting Parties.
2. the writings and documents written or a certified notary (public notaries) is
to be legally ověřiti, there has to be applied in accordance with the first paragraph.
3. in the Court of the Charter is also producing a call signed Court
offices, if the signature is sufficient under the law of its
State.
4. A list of the administrative authorities referred to in the first paragraph will be appended to the
This Convention. The Contracting Parties shall notify any subsequent changes that might in
the list of nastati.
Article 20.
Public documents drawn up in the territory of one of the Contracting Parties and trade
There will be guided to have before the courts of the other Contracting State the same
the accompanying power, which confers legal order of the State from which they come.
Accompanying them will be too much, however, granted only within the limits of accepted legal
the order of the State whose courts will be a matter of projednávati.
CHAPTER SIX.
Legal information and certified by the legislation.
Article 21.
1. The Ministry of Justice of both Contracting Parties shall, at the request
free of charge to provide information about the law in force in the territory of their States and
After the case, the decisions of its courts in certain matters.
2. the application must accurately indicate the legal questions, about which it is requested
information.
THE HEAD OF THE SEVENTH.
The bankruptcy proceedings.
Article 22.
In the management of bankruptcy and settlement proceedings, which will be launched on the territory of one of
of the Contracting States, the creditors who are nationals of the other State,
brought on a par with the creditors, who are their own nationals.
Article 23.
1. If declared bankrupt, or initiated on the self-determination of assets
a national of the other Contracting State, is about without delay zpraviti
the competent consular office of that State.
Consular Office of his party shall notify as soon as possible, as soon as he will have about
the official knowledge of the bankruptcy court, whether in the territory of his State, has
debtor's movable and immovable property.
2. If it can be considered to have that on the territory of the other State creditors are
the parties to proceedings is to be zaslati to the competent konsulárnímu authority
This State in addition to the above mentioned report and a copy of the public notice of
bankruptcy or composition proceedings begin for publication in the
magazines intended for that purpose.
CHAPTER EIGHT.
On the enforcement of judicial decisions.
Article 24.
The provisions of the General.
Each Contracting Party undertakes, in its territory enables and performs
the execution of the following enforcement orders that originate from the courts
the other Contracting Party and in accordance with the applicable legal regulations are there
enforceable enforcement titles.
Article 25.
For the enforcement orders are recognised:
and judicial decisions, including paying) commands (warrants) issued on
the territory of one of the two States by any court, including between the civil
These courts business if there has become enforceable.
The same is true of judicial decisions in criminal matters, if
subject to private claims of damaged people.
(b) the arbitration Findings issued in) one of the two Contracting States, if there
they have the same power as a court decision.
(c) judicial Settlements and settlements) before an arbitrator or arbitration courts on
the territory of one of the two Contracting States, if there have become enforceable.
Of the Charter referred to above in paragraphs) to c) is to be předložiti in
the original or in authenticated copy and certificate of the competent court, however
that State, where they have been established, that have become enforceable.
Osvědčiti, that the findings of the arbitration and settlements negotiated before the arbitrator or
arbitration courts, have become enforceable, it is for the regional court in
the area was finding issued or negotiated settlement.
In article 26.
Enforcement proceedings shall be governed, unless otherwise specified in this Convention,
the laws of the requested State.
In article 27.
1. the application for authorisation and the procedure the party enforcing administer u
the Court where enforcement order originated. If this is about the execution by
enforcement order certificate of a court or an arbitrator of the arbitration, the request is
administer at the regional court referred to in the last paragraph of article 25.
These courts must affix the documents referred to in article 25 of the guidelines referred to in
the same article and send them to the applications for authorization and procedure without
delay through the Ministry of Justice to the competent court
of the other party. 2. The enforcing party may, however, administer the application for authorisation and
faggots directly before the competent court of the other Contracting State.
3. Podávajíc enforcement a request pursuant to this Convention is enforcing party
required to složiti a backup of ample amount to cover charges and
possible expenses of the Court, which is required for the execution, the amount granted
follow these steps to backup is considered the costs and expenses of the proceedings and will be enforcing
side replaced once the execution path of vydobyta to the side of the
mandatory.
The Ministry of Justice of the two States will be intermittent sdělovati's level of
These advances.
4. the Court has jurisdiction to allow the execution according to writings that examines
received, if all the conditions for authorising the execution. This
the examination must be completed no later than fourteen days from the date on which the
the Court receives the files, and will be limited to the following questions:
and if you thought me) to the jurisdiction of the Court which decided on the matter,
justified under the law of the State where the enforcement order was created. In
This cause is sufficient, if according to the rules on the jurisdiction of the Court
in force in the State in which the authorisation is sought and the performance of the execution, was not
no Court of this State solely responsible for discussion and decision
of the case;
(b)) whether it is an enforcement order under article 25;
c) if judgment in absentia and, if so requested by the party required
the search for the Court whether this party was under the law of the State where the
the decision was made, and whether the summons duly obeslána it was on time
delivered;
(d)) that the recognition and enforcement of a decision or settlement aren't public
policy or the principles of public law in the State where they are applied.
5. Court which allows or carries out the execution, it is not entitled to
enforcement order factually reviewed.
Article 28.
The court competent to permit execution, allow according to the regulations for him
the Interim Force (precautionary) measures to secure a claim of
enforcement order against the liable party, with effects not only for your own
circuit, but also for the districts of other courts of the same State, where is the
Fortune.
These measures can only be zrušiti, if this person can be a sufficient
Security for the full satisfaction of the claims of the enforcement order.
Article 29.
Execution of reinsurance.
The Court with jurisdiction to allow the execution may, on application made in the prescribed
way povoliti regulations in the requested State the execution of the
even before the enforcement orders referred to in article 25 of the acquired
the legal authority, or before expiry of the period specified for the performance.
Article 30.
Provisional measures (locking).
The proposal for the affected parties will be allowed a provisional measures
(precautionary measures) already before the dispute, or the dispute even when the
the dispute is the competent court of the other Contracting State.
THE HEAD OF THE NINTH.
The provisions of the final.
Article 31.
This Convention shall be ratified and the instruments of ratification shall be exchanged as
First, in Prague.
Will take effect a month after the exchange of instruments of ratification and shall remain
effective even after six months, when one of the parties it
denounces it.
It was responsible for the above mentioned agents Convention sign and join the
his seal.
Given in duplicate in Kaunas, 24 June. April 1931.
L. S. Dr. NIEDERLE
L. S. Dr. K.R.
L. S. ZAUNIUS
The final Protocol.
Subscribing agents podepisujíce Convention between the Republic of Czechoslovakia
and the Republic of Lithuania on mutual protection and legal assistance in matters of
Civil and commercial proclaim that they have agreed as follows:
1. It Is agreed that the provisions of this Convention, particularly the provisions on the
verification of files and on the enforceability of judgements regulate only
the legal status of members of both parties.
2. the courts under this Convention means the Trusteeship authorities are also on the
Slovakia and Carpathian Ruthenia.
3. questions of private international law on civil status for
pozůstalostech and on jurisdiction and the effects of bankruptcy, the reserve is
a special Convention which both States agree to pay later.
This Protocol is an integral part of the Convention.
The Protocol was signed by agents on my conscience.
Given in duplicate in Kaunas, 24 June. April 1931.
Dr. NIEDERLE
Dr. K.R.
ZAUNIUS
The list referred to in article 19, paragraph 4, of the Convention.
And.
Czechoslovak administrative offices:
1. the Office of the President of the Republic.
2. the Bureau and the Office of the Chamber of deputies of the National Assembly.
3. the Bureau and the Office of the Senate of the National Assembly.
4. the Bureau of the Ministerial Council.
5. the Ministry of Foreign Affairs.
6. the Ministry of the Interior.
Land Office in Prague, Brno, Bratislava and Uzhhorod.
7. the Ministry of Justice.
8. the Ministry of finance.
Provincial Finance Directorate in Brno and Prague.
Financial headquarters in Opava. General financial headquarters in
Bratislava.
The main financial headquarters in Uzhhorod.
Financial prosecutor's Office in Prague and Brno.
9. the Ministry of national defense.
The provincial military headquarters in Prague, Brno, Bratislava and Kosice.
10. the Ministry of education and national enlightenment.
Provincial School Board in Prague and Brno.
11. the Ministry of social welfare.
12. the Ministry of public health, and physical education.
13. the Ministry of trade.
Patent Office.
The Chamber of Commerce and trade in Prague, Plzeň, České Budějovice,
Cheb, Liberec, Hradec Králové, Brno, Olomouc, Opava, Bratislava,
Banská Bystrica and Košice.
14. the Ministry of agriculture.
The Directorate of State farms and forests in Prague, Liberec, Brandys n. l.,
Třeboň, Frýdek, Žarnovici, Banska Bystrica, Liptovský Hrádek,
The Salt, Uzhhorod, Buštině, Rachově.
The Ministerial Commission for agricultural operations in Prague.
The provincial Commission for agrarian operation in Brno.
State agriculture archive in Prague.
15. The Ministry of railways.
The Directorate of the State Railways, Prague Prague-South-North, Pilsen, Hradec Králové,
Brno, Olomouc, Košice and Bratislava.
16. the Ministry of post and telegraph.
Postal savings bank in Prague.
Postal savings bank, branch office in Brno.
Manage your automotive transport in Prague.
Directorate of post and telegraph in Prague, Pardubice, Brno, Opava,
Bratislava and Košice.
17. the Ministry of public works.
Mining authorities II. stool in Prague, Brno and Bratislava.
Mining authorities and a stool in Prague,., Plzeň, Karlovy Vary,
Chomutov, Most, Teplice-Sanov Doubravka, Brno, Banská Bystrica, Spišská Nová
The village, Rožňava and Berehově.
The State's mining Directorate, Poruba, Příbram, Jáchymov, Mining
Štiavnica, Kremnica, Rožňava, Of Military Mines.
The Directorate of State oil down in the Gbelech. The State Mining Administration in the
železníku.
Management of State-owned salt works in Prešov.
State iron and steel plants in Slovakia in Podbrezová.
State coal warehouses in Prague.
State mining and metallurgical products shop in Prague.
The Czechoslovak Central Inspectorate for the verification in Prague.
The Directorate of State airports in Prague, Brno and Bratislava.
Administration of State airports in Mar. Lázně and Uzhhorod.
Office in Prague, Czechoslovakia.
Waterway ferry offices in Prague and Bratislava.
Directorate for the construction of waterways in Prague.
18. The Ministry for the unification of laws and organization management.
19. The Ministry for the supply of the people.
20. the Supreme Audit Office.
21. The State Land Office.
22. the national statistical office.
The list referred to in article 19, paragraph 4, of the Convention.
(B).
Lithuanian administrative offices:
1. the Office of the President of the Republic.
2. Office of the Bureau of the Ministerial Council.
3. The Council of State.
4. The Ministry of finance.
5. the Central Statistical Office.
6. the Ministry of national defense.
7. the Ministry of transport.
8. The Directorate for railways.
9. Post.
10. the Ministry of public education.
11. University of Vytautas.
12. the Ministry of Justice.
13. the Ministry of Foreign Affairs.
14. the Court (State control).
15. the Ministry of the Interior.
16. the Ministry of agriculture.
17. The Directorate of agrarian reform.
18. the Chamber of agriculture.
19. The commercial and Industrial Chamber of Commerce.
20. Government Office in Klaipeda.
21. Directorate in Klaipeda.
22. the management of the port of Klaipeda.
23. Archbishop Curia in Kaunas.
PROZKOUMAVŠE THIS CONVENTION WITH THE FINAL WRITING AND LISTS A AND B
WE AGREE AND WE CONFIRM IT.
THE CONSCIENCE WE HAVE SIGNED THIS SHEET AND THE SEAL OF THE REPUBLIC
THE CZECHOSLOVAK PŘITISKNOUTI DALI.
VŽIDLOCHOVICÍCH 8 December 2003 JULY SUMMER DEVÍTISTÉHO THIRTY-ONE THOUSAND
The first.
THE PRESIDENT OF THE REPUBLIC:
T. G. MASARYK
MINISTER OF FOREIGN AFFAIRS:
Dr. EDVARD BENEŠ
Is that the instruments of ratification were exchanged in Prague on 7.
January 1932, so the Convention is annexed shall take according to article
31. the international scope of day 7. February 1932.
Dr. Edvard Beneš in r.
