26/1928 Sb.
The Convention between the Czechoslovak Republic and the Republic of Estonia
the mutual legal protection and legal assistance in civil and
commercial.
ON BEHALF OF THE CZECHOSLOVAK REPUBLIC.
ON BEHALF OF THE REPUBLIC, AND THE REPUBLIC OF ESTONIA HAS BEEN NEGOTIATED
THIS CONVENTION and the additional protocol: Convention between the Republic of
Czechoslovak and the Republic of Estonia on mutual legal protection and
legal assistance in civil and commercial matters. President of the Republic
The Czechoslovak Government of the Republic of Estonia, and desirous of accounts and legal
relations of the two States if they concern mutual legal protection and legal
assistance in civil and commercial matters, they decided to establish a permanent Alliance about
the Convention. To do this, the target name its designee:
The President of the Republic:
Mr. Emil JUDra, the Ministry of trade preferred Spiru
Justice, and
Mr Karel Halfara, JUDra of the Ministerial Council of the Ministry of foreign
things,
the Government of the Republic of Estonia:
Professor Anthony Piipa, Minister of Foreign Affairs,
who vyměnivše your power of Attorney, and shledavše is in good and due
the form, they agreed on the following provisions:
HEAD FIRST.
The provisions of the General.
Article 1.
The same loading.
1. the Members of each party will be požívati on the territory of the other
the parties the same rights as their own nationals in respect of legal and
judicial protection of their persons and property.
2. they shall have free and open access to the courts of the other State for the
the same conditions and in the same form as its own nationals.
THE HEAD OF THE SECOND.
Exemption from securities and advances.
Article 2.
1. From Czechoslovak nationals who have neb Estonian
their place of residence in Estonia or in Czechoslovakia, and who before the courts
one of the two States will be acting as prosecutors, the neb intervenienti
no guarantee will be required for the Court of the neb composition because it
are aliens, or that do not have a domicile in the territory of the country. Of the same
the provision is in the actions of each other and use it in the appeal proceedings.
2. nationals of one of the two Contracting Parties, if they have a residence outside the
the territory of the other party, shall be partakers of the same exemption shall, however, be required,
vznášejíce an action, indicate the person who lives there, and will be entitled to
into them on behalf of all the files relating to the dispute.
Article 3.
1. where the claimant Was neb the neb intervenient the complainant (appellant)
is referred to in article 2 or under the law in force in the State where the dispute is
launched, exempt from the payment of a security, the composition of the Court or the backup,
convicted of one of the courts of both States to compensate for spending dispute, this
It also can challenge in the way referred to in article 9 on the territory of the
the other State in the same manner as a decision of its own courts.
2. The application is přiložiti the Court's decision, which it shall certify that the
has the power of law. The applicant must be accompanied by a translation of these documents also
certified according to the provisions of article 10 of this Convention.
3. You will not have a prior hearing of the parties, the convicted party, however,
re-assigning will concede the right of complaint, if the laws of the State where the
the execution is realized.
4. the same is true of judicial decisions by which the cost of the dispute
will be determined later.
THE HEAD OF THE THIRD.
The right of the poor.
Article 4.
1. Nationals of one of the two States, according to the territory of the second Member State
the right of the poor, under the same conditions as apply to its own nationals.
2. where a national of a State authorised by the competent authority, the right to
the poor, will also participate in it before the courts of the other State in all
procedural acts, which relate to the same subject matter and čítajíc in it and management
the bailiff.
Article 5.
1. Report cards will be issued by the authorities of the poverty of the applicant's place of residence or, if he
to him, the authorities of the place where you are staying. If the applicant is not resident in the
the territory of one of the Contracting Parties, and shall not grant to the authorities his whereabouts
report cards report cards will suffice to poverty, the competent diplomatic or
konsulárního representative.
2. If the applicant is resident in the State where asking for the right of the poor, the
term papers free of charge to satisfy the diplomatic or the poverty of konsulárním
the representative of the State where he is to be presented.
Article 6.
1. If the applicant so wishes, residing on the territory of one
Contracting State, be sympathetic to the poor law in the dispute, which should be
vznésti before the courts of another State, it may not administer the application for report card
poverty before the competent court neb authority in its own residence or stay.
2. on the basis of this request, which will be translated into the language of the připojiti
the State (oficielního) of the other Contracting State or in a language
the French, the competent authority of that State shall authorize the right of the poor to
the dispute, which is before it started.
Article 7.
1. Before shall issue the applicant a report card of poverty, the competent authority
vyžádati for the other State authorities information about his assets.
2. the authority that decides on the application for the granting of rights of the poor, is
entitled, within the limits of its official remit of probing presented him
report card and information.
CHAPTER FOUR.
Delivery and request for legal aid. The provisions of the General.
Article 8.
1. Mutual legal assistance within the limits of articles 8 to 14 of the terms:
and delivery of the files) of judicial and extrajudicial documents in civil or
business, including the writings of the judicial system in matters of survivors ' and
poručenských neb guardianship;
(b) the performance of the request) legal aid in civil, commercial,
survivors ' and poručenských neb guardianship.
Article 9.
1. applications for the delivery of the files as well as the letters rogatory for legal assistance will be
transmitted by the Ministry of Justice of the requesting State directly
the Ministry of Justice of the requested State. This Ministry shall take
measures to ensure that the requests were quickly dealt with by the competent authorities. If it is not
the requested authority shall inform the competent in the matter, requested the Ministry of
the Ministry of the other State about which was the request to the competent authority
passed.
2. Requested the Ministry of returns, whether it was granted or
nothing.
Article 10.
The request for the service and for legal aid in the language of the State is sepsati
(start-up) of the requesting State and the translation into the language, however it
the State (oficielního) of the State addressed or in a language of French,
the newly acquired neb authenticated either by the competent authority or an interpreter, whether
an established whether the official, one of the two Contracting States.
Article 11.
Delivery.
1. The writings to be doručiti, is sepsati in the language of the requesting authority.
2. In the application, which will be sent to the writings, indicate the name and
position of the parties, the type of the file, which is doručiti, the Office from which the file
dates, and the address příjemcovu. The writings, which will be doručiti will be provided with a
signature and seal of the requesting authority. Authentication is not required.
3. service does the competent authority of the requested State, in the form prescribed by the
his legislation. This Office may omeziti, if it's not an exception
referred to in paragraph 4 of this article, that it simply delivers the file
to the addressee, if it is willing to accept it.
4. where the requesting authority Asks explicitly, that happened in the form of delivery
special forms of demand will be used, if the laws aren't of the requested
the State and if the file is accompanied by a translation into the language of the State (oficielního)
of the requested State to the French language, the neb.
5. the requested State may odepříti delivery only if it is for
to be eligible, to undermine its sovereignty or security.
6. Delivery will be proved by the certificate příjemcovým, to be dated and
signature, or certificate authority of the requested State, from which it can be seen,
that, as and when it was done. If the delivered file sent in two
copies, is the confirmation of the recipient, or an official certificate either
napsati one of the two copies, or připojiti.
7. the requesting State shall be immediately informed, and the reasons are given, whenever service
will not be done.
Article 12.
Each of the two States can doručovati the writings of its own members who
is present on the territory of the other State, with her diplomatic or
konsulárními representatives, but without use of coercive measures or may
hroziti by them.
Article 13.
The request for legal aid.
1. the Request for legal aid and their attachments is in the language of the State sepsatí
(start-up) State of the applicant and the translation into the language of the State, however
(oficielního) the State of the requested or in the French language. At the request of
legal aid is beheld its purpose, or shortly vyznačiti vylíčiti
the subject of the dispute, as far as possible model reference number, names of the parties, residence
or residence, as well as the names and addresses of any witnesses that will be
hear. The request, however, and the series is a signature and seal of Office
of the applicant. Authentication is not required.
2. the requested authority shall deal with the request, it forms of management that are
prescribed law of his State.
3. However, the requesting authority is vyhověti design that used
It forms a special, aren't the laws of the requested State.
4. If the requesting authority, it will be in the manner specified in article 9
been advised in a timely manner, when and where the desired proof will be made, so that súčastněné
persons to be present at or to debit zastupovati.
5. the requested authority shall use in the execution of letters rogatory for legal assistance
coercion, that admits its State legislation
asking for such assistance to the authorities of its Member State.
6. Legal aid may be only odepříti does not belong to the desired evidence Act
in the State requested to the jurisdiction of the courts or if the requested State considers that the
that ohroziti its sovereignty or security.
7. the requesting State shall be immediately informed about it and the reasons are given, at any time
the request for legal aid will not be done.
Article 14.
The cost of legal aid.
1. For the execution of delivery and the execution of letters rogatory for legal assistance will not be
required to refund any fees or no expenses. An exception is
the compensation that has been paid to the witnesses or experts, the costs incurred by the
the use of special forms of procedure of which were explicitly requested, as well as
expenses, which is zapraviti according to the laws of the requested State. These
the cost will be nahraženy immediately to the requesting State, whether
taken over by the súčastněných side or anything.
2. Legal aid will not be odepříti due to the fact that the requesting authority
the exam in advance cash advance on the hražení expenses, which, according to the first
paragraph of this article should be nahraditi.
3. fees and charges shall be borne by the sending mail Office.
CHAPTER FIVE.
Strength of the authentication and the accompanying documents.
Article 15.
1. documents drawn up, published by the neb certified one of the courts of both States,
which will be used on the territory of the other State, needless to say, if they are ověřovati
bear the seal of the Court.
2. the instruments drawn up, certified by one of the neb issued central bodies
administrative both States or one of them on a par with a hard top
Office administrative, do not need to verify if they are to be applied to the
the territory of the other State, if they are provided with the seal of the said authority and, if
the authority indicated in the list annexed to this Convention. This list may
by agreement of the parties to be amended or supplemented.
3. documents drawn up by a notary public or authenticated if there has to be
applied in accordance with paragraph 1 of this article, is a court-ověřiti.
Article 16.
Public documents established in the territory of one of the two States, as well as commercial
the books in this area will be guided by his laws have before the courts
the second Member State the same movement too, what it is for them according to the laws of the State,
where they have been established. However, they will not be granted to cover much larger extent,
than State law, where the Court is sitting.
CHAPTER SIX.
Legal information and certification legislation.
Article 17.
1. The Ministry of Justice of both Contracting Parties shall supply to each other
upon request, information on the law applicable to the territories of their States.
2. In the application, will be exactly the vylíčiti legislation, about which the information
to be given.
THE HEAD OF THE SEVENTH.
The provisions of the final.
Article 18.
1. this Convention, drawn up the Czechoslovak language and Estonian, both of which
the texts are as original, shall be ratified and the instruments of ratification
in Tallinn will be replaced as soon as possible.
2. Shall take effect one month after the exchange of instruments of ratification and shall remain in
If one of the Contracting Parties has notified the other six
months in advance of their intention to make the scope of the Convention has ceased to be.
It signed the Convention on the conscience of the agents and their seals.
Done in duplicate at Tallinn, by 17. July of the year
tisícíhodevítistéhodvacátéhošestého.
L. s. Dr. EMIL SPIRA m. p.
L. s. Dr. CHARLES F H m. p.
L. s. a. PIIP m. p.
The additional protocol.
Agents of the Contracting Parties, the Convention between the Republic of podepisujíce
Czechoslovak and the Republic of Estonia on mutual legal protection and
legal assistance in civil and commercial matters, finding acceptance in
the following points:
1. the term means the courts within the meaning of the Convention also offices of the Trusteeship
(guardianship) in Slovakia and Carpathian Ruthenia.
2. To facilitate the knowledge of the judicial circuits in the other Contracting State,
the Contracting Parties shall notify the list of its courts of the second stool with all courts
the first stool of their circuits. This list will be attached, if possible
map of characterized by courts of different bowel movements.
3. the Contracting Parties shall agree about the forms, which will be drafted in the language of
State (official) of both States, intended for the service of documents.
This Protocol is an integral part of the Convention.
The conscience of the agents have signed this additional protocol.
Done in duplicate at Tallinn, 17 May 1999. July 1926.
Dr. EMIL SPIRA m. p.
Dr. CHARLES F H m. p.
A. PIIP m. p.
List of administrative offices, which, according to article 15 of the Charter. paragraph 2
the Convention between the Czechoslovak Republic and the Republic of Estonia on the
mutual legal protection and legal assistance in civil and
business need validation:
A. as far as the Czechoslovak documents:
1. the Ministry of the Interior, the provincial administration policy in Prague, Brno and Opava,
The civil administration of Carpathian Ruthenia in Uzhhorod, Presidio police
Directorate, Ministry of the Interior, Archive
2. the Ministry of public health,
3. the Ministry of post and telegraph, Checking Office in Prague post
and telegraph in Prague, Pardubice, Brno, Opava, Bratislava and Kosice,
4. the Ministry of Commerce, industry and craft trades, Patent Office in Prague,
5. the Ministry of public works,
6. Ministry of finance
,
7. the Ministry of agriculture,
8. the Ministry of national defense,
9. The Ministry of education and national education, Provincial school boards in Prague,
Brno, Opava, Division of the Ministry of education and national enlightenment in
Bratislava, the school Department of civil administration in Carpathian Ruthenia
Uzhhorod,
10. the Ministry of Foreign Affairs, the Ministry of affairs Archive
foreign,
11. The Ministry of supply,
12. the Ministry of Justice,
13. the Bureau of the Ministerial Council,
14. The Ministry for the unification of laws and organisations management,
15. The Department of management with the power of Slovakia in Bratislava,
16. The Ministry of railways, Directorate of the State Railways Prague-South,
Prague-North, Pilsen, Hradec Králové, Brno, Olomouc, Bratislava and Košice,
17. the Ministry of social welfare,
18. the Supreme Audit Office in Prague,
19. The State Land Office in Prague,
20. The Statistical Office in Prague,
21. The Office of the President of the Republic in Prague,
22. the Office of the Chamber of deputies of the National Assembly in Prague,
23. the Office of the Senate of the National Assembly in Prague.
B. as regards Estonian documents:
1. the Office of the Riigikogu,
2. the Office of the Government,
3. the Secretary of State,
4. The State archives,
5. the National Central Office of statistics,
6. The Ministry of education as well as the University of Tartu,
7. the Ministry of trade and industry as well as the Patent Office,
8. the Ministry of Justice,
9. the Ministry of agriculture as well as the Central Administration of veterinářská,
10. the Ministry of the Interior as well as its administrative department,
the Police Department,
11. The Ministry of finance and the Treasury, the main customs office,
The Bank of Estonia,
12. the Ministry of war,
13. The Ministry of transport as well as the Headquarters of the State Railways, the Central
Ferry Office, Central Administration,
14. The Ministry of labour and social care as well as health Management,
15. the Ministry of Foreign Affairs,
16. The State Audit Office.
PROZKOUMAVŠE THIS ENDORSEMENT OF THE CONVENTION AND THE ADDITIONAL PROTOCOL, AND WE CONFIRM THE
IT is. THE CONSCIENCE WE HAVE SIGNED THIS SHEET AND THE SEAL OF THE REPUBLIC
THE CZECHOSLOVAK PŘITISKNOUTI DALI.
In Athens, 30 October 2003. APRIL DEVÍTISTÉHO THE 27TH ONE THOUSAND YEARS.
THE PRESIDENT OF THE REPUBLIC:
T. g. MASARYK in r.
MINISTER OF FOREIGN AFFAIRS:
Dr. EDVARD BENEŠ in r.
Is that the instruments of ratification were exchanged on 17.
December 1927 in Tallinn and the Convention shall become article 23(2). 18. the scope of the
a month after the exchange of instruments of ratification.
The Protocol written in the exchange of instruments of ratification on 17. December
1927 in Tallinn the Plenipotentiaries of the two Contracting Parties zjistivše that
is in the paragraph. 1. article. 6. the difference between the text of the Convention and the Czechoslovak
Estonian, observed that the real will of the two parties is
expressed as text and text that served as the Czechoslovak in the first paragraph
article. 6. has the zníti as follows:
"If the applicant so wishes, residing on the territory of one
Contracting State, be sympathetic to the poor law in the dispute, which should be
vznésti before the courts of another State, it may not administer the application for the grant of rights
the poor before the competent court or authority of residence or stay. '
Dr. Edvard Beneš in r.
