Key Benefits:
The intervention of the discourse abroad of judicial and overseas documents on the civil and trade court area. |
| Date | LO-1965-11-15 |
| Ministry of | The Justis and the Department of Emergency |
| Last modified | |
| Published | |
| Istrontrecation | |
| Changing | |
| Announcement | |
| Card title | Convention of the discourse abroad. |
The Convention is ratified by Norway according to res. 4 July 1969 and stepped up for Norway's person in effect 1 oct 1969, jf. roundabout. from the Department of Justice 30 sep 1969. The following other states have ratified the Convention : Albania, Antigua and Barbuda, Argentina, Barbados, Belgium, Belize, Bosnia, and Herzegovina, Botswana, Canada, Denmark, Egypt, Finland, France, Greece, India, Ireland, Ireland, Iceland, Israel, Italy, Japan, China, Korea, Croatia, Cyprus, Latvia, Lithuania, Luxembourg, Malawi, Mexico, Monaco, Netherlands, Poland, Romania, Romania, Russia, San Marino, Serbia, Seychelles, Slovakia, Slovenia, Spain, Sri Lanka, St. Vinvent and the Grenadines, Britain, Switzerland, Sweden, Turkey, Germany, Czech Republic, Hungary, USA, Venezuela. In relation to the states that are attributed to the Convention, this instead takes place of the provisions of the Convention 1 March 1954 kep. IN.
Art 1. This convention shall come to the Applicability of the Civil and Trade Court in any event in any case where a legal or overseas document shall be submitted to the discourse or similar announcement abroad.The Convention does not receive the Applicability when the document recipient's address is unknown.
Each state shall organize the central authority in accordance with its internal right.
Part Article Art 3.The authority or judicial officer who is competent after the copyright law shall submit to the central authority in the receiving state a request in accordance with the pattern form that follows as attachments to this convention, without the need to be required legal confirmation of the document or the Applicability of other similar formrequirements.The document or a copy of this shall co-follow the request. The request and document shall both be forage in two copies.
Part Article Art 4.If the central authority finds that the request does not fill those terms as this convention sets, it shall immediately inform the requisition and indicate their objections to the request. Part Article Art 5.The central authority in the receiving replacement shall itself or by others ensure the discourse of the document either| a) | in the ways determined in the recipient's internal right of the discourse and the announcement of documents in domestic affairs for people who are stalling on its territory, or |
| b) | in a special way desired by the requisition, provided this way is not incompatible with the recipient's right. |
With the exception of those, as mentioned in the letter b) in the first clause, the discourse of a document can always happen at over-delivery to a mailing address that voluntarily receives it.
Should the discourse occur in accordance with the first clause, the central authority may require the document authored in or translated into the official language or one of the official languages of the reception replacement.
The share of the request that has been authored as the attachment to this Convention shows, and which contains a summary of the document to be proclaimed, shall be handed over the document with the document.
Part Article Art 6.The central authority of the receiving state or any authority that the receiving state has designated for the purpose shall be completed a reference in accordance with the pattern form attached this convention.The Attence shall date that the message of the message is done, and indicate the way, the site and the date of this, as well as the person that the document was handed over to. If the message of the message is not done, the attest should indicate the reasons for this.
The advertising may require that a reference that is not outcompleted by the central authority or a legal authority shall be co-written by one of these authorities.
The Attence is to be sent directly to the requisition.
Part Article Art 7.The printed text in the pattern form attached to this convention shall in one case be authored in either French or English. The text can in addition be printed on the official language or in one of the official languages of the copyright.The form shall be filled either on the recipient's language or in French or English.
Part Article Art 8.Each countertop state shall have the access to preach judicial documents for people abroad directly at their diplomatic or consular representative, however without any antiforce of any force.Each state can declare that it opposes this admission within its territory unless the document is to be proclaimed for a citizen of the copyright.
Part Article Art 9.Each countertop state shall also have the access to submit documents to be proclaimed, on the consular path, to the authority in a different contrasts state that this has designated for the purpose.Each counternation state also has access to using diplomatic path for the same purpose, if extraordinary conditions require this.
Part Article Art 10.As-Unless the recipient's state does not travel objections to this convention not the main| a) | the adhall of sending legal documents in the mail directly to people abroad, |
| b) | The adhallway of the copyright law enforcement officers, officials or other competent persons to let judicial documents preach directly at judicial officers or other competent persons in the receiving replacement. |
| c) | The adhallway of any who is interested in a trial to let judicial documents preach directly at judicial officers, officials or other competent persons in the receiving replacement. |
Dog is to commandeer or refund expenses as reasons for
| a) | work done by a judicial officer or a person who is competent after the recipient's law, |
| b) | Applicability of a special approach by the message of the preaching. |
The recipient cannot refuse to succeed a request exclusively for the reason that the claim by the state's internal right exclusively is hearing under its courts or that its internal right would not allow for the course of execution to form the basis for the request.
The central authority shall, if the request is denied, immediately inform the requisition, and provide the reasons for the nexus.
Part Article Art 14.difficulty that had to rise in the occasion of the transfer of documents for discourse shall be settled on diplomatic path. Part Article Art 15.Where a subpoena or an equivalent document should be submitted abroad for the discourse (or similar announcement) after this convention and sued have not met for the court, the judge shall not determine the case until it is brought on the pure that| a) | The document has been proclaimed in accordance with the recipient's internal right concerning the discourse of documents in domestic affairs for people who are stalling on its territory, or |
| b) | The document has been handed over personally or at his residence in accordance with other techniques that are homered in this convention, and that in both case the preaching or handover has taken place so that the sued have had adequate time for its defense. |
Each counternation state shall have the access to declare that the judge, without regard to the provisions of the first clause, can determine the case even if the reference or transfer has not been received, if all of the following conditions are met :
| a) | The document was oversubmitted in one of the ways that has been haunting in this convention, |
| b) | a period of time that the judge finds adequate in the individual case, however, not less than 6 months, has been passed since the date of the transfer of the document, |
| c) | No reference has been received despite the fact that an every reasonable attempt has been made to obtain the reference through the competent authorities of the receiving replacement. |
Without regard to the provisions of the preceding clause, the judge can in the invasive case of imposing temporary fortresses or Sikringtile measures of any species.
Part Article Art 16.When a subpoena or an equivalent document was to be sent abroad for discourse after this convention, and it's been hit decision against a lawsuit that has not met, the judge shall have admission to the defendant's satisfaction for the Overday of the deadline for invoking judicial funds when the following conditions are met :| a) | sued received without this being able to possess him, not knowledge of the document to such a time that he could defend himself, or knowledge of the decision to such a time that he could attack it by judicial funds, and |
| b) | The plaintiffs defense against the case of the plaintiff's claims does not occur to be completely groundless. |
A petition for the uptake has to be placed within reasonable time after the sued has received knowledge of the decision.
Each counternation state can declare that the petition will not be taken during treatment if it is protested after the expiration of a due date indicated in the Declaration, but which cannot be shorter than one year after the decision has been hit.
This article shall not apply to decisions about the status of people.
Part ArticleThe advertising is still going to be in one every case have the right to address directly to the central authority.
Federal states shall have access to point out more than one central authority.
Part Article Art 19.This Convention is not to the obstacle that the internal right of a countertop state allows other ways for the transfer of documents from abroad for discourse on its territory than those indicated in the preceding articles. Part Article Art 20.This convention is not an obstacle to the fact that two or more contratheres of states are agreed to deviate from :| a) | the claim in Article 3 other clause, about documents to be transmitted in two copies, |
| b) | The provisions of Language in Article 5 Third Clause and Article 7, |
| c) | The provisions of Article 5 fourth joints, |
| d) | The provisions of Article 12 other clauses. |
| a) | the term of the government which is referred to in the articles 2 and 18, |
| b) | the term of the authority that is competent to issue reference after Article 6, |
| c) | The designation of the authority that is competent to receive documents oversubmitted on consular road in accordance with Article 9. |
Each of the contrasts of the United States shall be as appropriate, if need be, inform the Ministry of Ministerial :
| a) | reservations about not acknowledging the supersenatory ways that are homered in the articles 8 and 10, |
| b) | declarations by article 15 other clauses, and article 16 third clause, |
| c) | all changes in the above mentioned designations, reservations and declarations. |
These articles should still only be given the Applicability when it is being used to be identical to those that are indicated in these conventions.
Part Article Art 24.Additional agreements to the conventions of 1905 and 1954 as the counterleaders of the United States have reached, shall be applicable also on this convention, unless the parties have agreed otherwise. Part Article Art 25.Apart from the provisions of the articles 22 and 24, this convention should not intervene in other conventions regarding the questions it applies and as the contravening states have quit or will join. Part Article Art 26.This Convention is open to the underdrawing of states that were represented at the 10th session of the Hague Conference for International Privavt.It shall ratify, and the ratification documents shall be deposited in the Netherlands Ministry of Foreign Affairs.
Part Article Art 27.This convention takes effect the secutive day after the third ratification document is deposited in accordance with article 26 other clauses.For each signatarstat as ratify later, the Convention in effect takes effect the secution day after the deposits of the ratification document.
Part Article Art 28.Any state that was not represented at the 10th session of The Hague Conference for International Privatire can be attributed to the Convention after it is in effect in accordance with article 27 first clause. The effective document is to be deposited in the Netherlands Ministry of Foreign Affairs.The Convention does not take effect for such a state if a state that has ratified the Convention on the inauguration of the inauguration document, raises objections to the Netherlands Foreign Ministry within six months from the date when this The ministry notifies it about the inauguration.
Doesn't travel such an objection, the Convention takes effect for the added state of the first day of the month that comes after the expiration of the last of the deadlines mentioned in the preceding clause.
Part Article Art 29.Each state can at the underdrawing, ratification or the inauguration declare that the Convention shall apply to all of the territories that it represents, international, or for one or more of these. Such a statement is given effect from the Commencement of the Convention in relation to the person state.After this point, such an expansion is to be notified to the Netherlands State Department of Foreign Affairs.
The Convention takes effect for the territories that are retaken by the expansion on the secutive day after the notice of the notice of notification mentioned in the preceding clause.
Part Article Art 30.This Convention shall apply for five years the rain from the day when it stepped into effect after article 27 first clause, also for the states that ratify or will be attributed to it later.The Convention is extended for five years at a time, if it doesn't get said up.
A termination shall be notified to the Netherlands's Foreign Ministry of Foreign Affairs only six months before the expiration of the five-year period.
The resolution may be restricted to some of the territories that the Convention applies to.
The termination has only effect in relation to the state that has terminated the Convention. The Convention shall remain in effect for the other contravening states.
Part Article The Art 31.Netherlands State Department of Foreign Affairs shall notify the following to the states that are reselected by Article 26 and the states that have attributed to the Convention after Article 28 :| a) | underdrawings and ratifications by Article 26, |
| b) | the date of the Convention of the Convention after Article 27 first clause, |
| c) | The attraction following article 28 and the date of when they get effect, |
| d) | extensions by Article 29 and the date of when they get effect, |
| e) | designation, reservation and declarations as mentioned in Article 21, |
| f) | layoffs as mentioned in article 30 third clause. |
To the confirmation of the underdrawing, they have sub- down, which have the earners of law, signed this convention.
The finishing in The Hague, on 15 November 1965, in French and English, both texts are authentic, in one specimen to be deposited in the Dutch government's archive, and of which a confirmed copy is to be sent on the diplomatic path to each state that was represented at the 10th session of the Hague Conference for International Privavated.
Part Article
