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The Regulation On Mutual Legal Assistance In The Adoption Of Information Documents In Civil Matters

Original Language Title: Asetus keskinäisestä oikeusavusta annettaessa tiedoksi asiakirjoja yksityisoikeudellisissa asioissa

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Regulation on mutual legal assistance in civil matters for information purposes

See the copyright notice Conditions of use .

This Regulation has been repealed by L 10.4.2015/426 , valid from 1 October 2015.

The presentation of the Minister for Justice provides:

Scope
ARTICLE 1

This Regulation shall apply to a foreign authority at the request of the Finnish authorities for information on a matter of civil law, as well as a request from the Finnish authority for a measure to be notified to a foreign authority, unless: Otherwise agreed with the requesting or host State.

The provision of notification of central legal assistance in the Nordic countries is in force, which is specifically agreed or provided for.

Service in Finland
ARTICLE 2

As a central authority within the meaning of Article 2 of the Hague Convention of 15 November 1965 on the service of judicial and extrajudicial documents in civil or commercial matters in civil or commercial matters, , the competent authority is the Ministry of Justice in Finland, which receives a request for notification by the contracting authority.

When a request for service has been made by a State authority other than that referred to in paragraph 1, the request shall be received by the Ministry of Foreign Affairs, unless otherwise agreed with the requesting State.

ARTICLE 3

The notification request shall not be granted if the transmission of the notification is contrary to the grounds of the Finnish legal order.

§ 4

The request shall include the issuing authority, the relevant information concerning the parties, the addressee's address and the quality of the document to be served.

The request shall be accompanied by two copies of the document.

§ 5

The requested Ministry shall forward the documents referred to in the request for service to the Government of the county in whose territory the service is to be effected.

ARTICLE 6

If the provincial government finds that service is to be effected in another county, it shall send the documents to the competent provincial government and shall inform the Ministry of the request.

When service cannot be effected due to an obstacle which is not temporary, the provincial government shall return the documents to the Ministry.

§ 7

The document shall be served:

(1) in the same way as the notification of such a document is provided for by Finnish law; or

(2) compliance with the specific procedure referred to in the request, unless this is contrary to Finnish law.

§ 8

Where the document to be served is drawn up in a language other than Finnish or Swedish, it shall be accompanied by a certified translation into one of these languages. However, the document may be served without prejudice if the person to whom the document is to be notified agrees to accept it or to have sufficient control over the language in which the document or its translation has been drafted.

§ 9

The notified document shall be forwarded by the Board of Directors, together with its notification certificates, to the requested Ministry. The Ministry shall draw up a certificate for the foreign authority, indicating when and how the document is served. Where service has been effected within the meaning of Article 7 (1), the certificate shall be entered in the certificate.

ARTICLE 10

When it has not been possible to notify it or to comply with the requested procedure in the notification, the Ministry shall inform the requesting foreign authority.

ARTICLE 11

The costs of the service requested by the foreign authority shall be borne by the State.

Service abroad
ARTICLE 12

Where a summons or an invitation to appear before a court is to be served abroad, the request for service by a foreign authority shall be made by the court to the foreign authority, at the request of the foreign authority concerned. The request for service of the other document shall be made on the request of the provincial government.

ARTICLE 13

The request shall include the issuing authority, the relevant information concerning the parties, the addressee's address, the purpose of the notification and the specific procedure to be followed in the notification. The file shall be attached to the request in duplicate.

Where service is to be effected in a State party to the Convention referred to in Article 2 (1), the request shall be drawn up on a form corresponding to the form annexed to the Convention.

ARTICLE 14

Where service is to be effected in a Contracting State within the meaning of Article 13 (2), the request for service, together with the documents attached thereto, shall be sent to the State through the Ministry of Justice, in accordance with the The central authority.

Documents to the authority of a State other than those referred to in paragraph 1 shall be sent through the Ministry of Foreign Affairs, unless otherwise agreed or provided.

Entry into force
§ 15

This Regulation shall enter into force on 1 June 1982.

This Regulation repeals the Regulation of 8 June 1923 of 8 June 1923 on mutual assistance by Finland and the foreign authorities in certain cases (185/23) .