Key Benefits:
Convention 1 March 1954 about the civilian process. |
Date | LO-1954-03-01 |
Ministry of | The Justis and the Department of Emergency |
Last modified | |
Published | |
Istrontrecation | |
Changing | |
Announcement | |
Card title | Convention 1 March 1954 about civil process |
Jof. conventions with Britain 30 jan 1931, 12 June 1961. See also the convention with Denmark, Finland, Iceland and Sweden 16 March 1932. -Jof. former conventions 14 nov 1896 and 17 July 1905. (Sistmentioned Convention, which is still applicable in relation to states that have not yet been attributed to the Convention of 1954, is taken in earlier releases of the Law collection, most recently in the collection of 1682-1959).
The Convention was ratified by Norway according to res. 25 apr 1958 and stepped up for Norway's individual ir 21 July 1958. The following other states have been attributed to the Convention : Albania, Argentina, Armenia, Belgium, Bosnia and Herzegovina, Denmark, Egypt, Finland, France, Israel, Japan, Kirgistan, Croatia, Cyprus, Latvia, Lebanon, Lithuania, Lithuania, Lithuania, Lithuania, Lithuania, Luxembourg, (The Former Yugoslav Republic) Macedonia, Morocco, Moldova, Montenegro, Netherlands, Poland, Romania, Russia, Serbia, Slovakia, Spain, Surinam, Switzerland, Sweden, Republic of Turkey, Germany, Ukraine, Hungary, Uzbekistan, Austria and Vatican State.
Conventional species. 1-7 is in relation to the states that have joined convention 15 nov. 1965 about the discourse abroad of judicial and overseas legal documents on civil and trading grounds, relieved of the provisions of the Convention, which are taken below during his date.
In, the Meddeltion of judicial and overseas legal documents.Any difficulty that had to occur on the occasion of the consultant's petition shall be arranged on diplomatic path.
Any controversy state can by the announcement of the other countertop states decide that motion to convey the discourse on its territory, with content as mentioned in the first clause should be passed on the diplomatic path.
Leading regulations are not an obstacle to the fact that two contrathersome states get along to allow direct correspondence between their respective government.
Part Article Art 2.Forcynicism is inhabited by the authority competent following the requesters of the requesters of the Authority, except for the case mentioned in Article 3, narrowing down to conduct the message of the document to The destination of the destination when he is willing to receive it. Part Article Art 3.With the motion to follow two copies of the document to be proclaimed.If document to be proclaimed either in the requestent Authority language or in the language the two interested states have been getting along if, or if it comes with a translation into one of these languages, the requestent Authority shall be provided, if that in the motion is pronounced desire, let the preaching carry out in the way that the country's legislation prescribed for the corresponding discourse, or in a special way, provided that it does not violate this legislation. Is such a wish not spoken, the requesters shall first attempt to turn the document as indicated in Article 2.
Unless otherwise agreed, the translation mentioned in the preceding clause shall be confirmed by the requesting state diplomatic or consular representative or by an sworn translator in the requesters of the requested state.
Part Article The Art 4.Execution of a discourse mentioned in the articles 1, 2 and 3, cannot be denied unless the state on whose territory it should be taken finds that the execution would do interventing in its sovereignty or security. Part Article The Art 5.Proof of the message of the message is provided either by a dated and legalized receiving evidence from the destination of the destination or by a vivated state authority on the execution, with enlightenment on what day and on what way the message of the message is conducted.The receipt of the receipt or the testimony shall be inflicted or encumbered the one copy of the proclaimed document.
Part Article The Art 6.provisions of the preceding articles are not an obstacle to :1. that documents through the post can be sent directly to interested people who are staying abroad ;
2. That they interested can let the message of the message carry out directly at the determination of the law enforcement officers or competent officials ;
3. that any state can let the discourse of the people who are stalling abroad, perform directly at their diplomatic or consular representative.
The Admission to let the discourse perform in one of these ways is yet conditioned by the agreement between the person states, or-when the agreement does not manifest-the state on if territory of the territory is not to be opposed that. This state cannot oppose the message of discourse after the first clause 3 When the preaching is to be taken without coercion to a citizen of the requesting state.
Part Article Art 7.Forcynicism does not involve the claims of the payment of sports or charges of any species.If nothing else is agreed, however, however, the requesters have the right to demand that the requesting state of compensation be anchored by a judicial officer or by that it is taken advantage of a special approach in those of the case mentioned in Article 3.
Part Article II. Correction.Any difficulty that had to rise in the occasion of the transfer shall be settled on the diplomatic path.
Any controversy state can by the co-run of the other counternation states decide that judicial modes to be descendants on its territory should be sent it on diplomatic path.
Leading regulations are not an obstacle to the fact that two counternation states are getting along to allow direct transfer of judicial modes between their respective authorities.
Part Article Art 10.If nothing else is agreed, the judicial maturity shall be authored either in the requestent Authority language or in the language the two interested states have been getting along if, or it should follow with a translation into one of these languages, confirmed by a diplomatic or consular representative of the requesting state of the requesting state or of an sworn trans-person in the requesters of the requesters. Part Article Art 11.The judicial authority as the judicial modus is directed, duties to succeed it by the use of the same coercion from the state's own government or an equivalent motion from an interested party. However, it is not necessary to make use of these compulsive measures when it comes to the promotion of parties in the case.The requesting authority shall be on the bidding of the bidding of the time and place of execution, so that the interested party can be allowed to meet.
A court modal can only be denied after-come :
1. | If the document's authenticity is not on the clean ; |
2. | provided the execution of the judicial modal of the requesters of the requesters does not hear during the courts of the courts ; |
3. | If the state of the territory of the territory of the territory of the territory was to be carried out, finds that the descendant would do procedures in its sovereignty or security. |
The dog shall then take to follow a motion from the requesting authority that a special form must be used, provided that this form is not in violation of the requesters of the requesters.
Unless otherwise agreed, however, however, the requesters have the right to demand that the requesting state refund allowance that has been paid to witnesses or plaintiv and cost-led by a court officer has co-worked because the witnesses have not met voluntary, or by that it has been taken advantage of a special approach in case as mentioned in Article 14, other clause.
Part Article LII. Security for sacraments. (Catitio judicatum solwe.)The same goes for payments that had to be requested by plaintiffs or intervenients to security fees for legal fees.
The overlords between the contrasting states to exempt their citizens regardless of residence to quiet security for the sake of charges or for the payment of legal fees, the ordinance is to apply.
The same applies to court decisions that subsequently determine the case fee amount.
Leading regulations are not to hinder the fact that two counterlaws are getting along to allow for the motion to be able to be conveyed directly by the interested party.
The authority that is competent to determine the motion of the nature of the covature should be limited to examining :
1. | whether the transcript of the decision has been confirmed in accordance with the law in the state where the decision has been met ; |
2. | whether the decision by the same law is judicial ; |
3. | whether the decision of the decision is authored in the requestable government's language or in the language the two states have been agreed on, or whether it is accompanied by a translation into one of these languages, confirmed, if not otherwise agreed, by a diplomatic or consular representative of the requesting state of the requesting state or of an sworn trans-person in the requesters of the requested state. |
To evidence that the terms of other clause 1 and 2 are met, it is sufficient to forward either a statement from the competent authority in the requesting state that the decision is judicial, or audible legalised documents that show that it is judicial. The mention of government competency should, if not otherwise agreed, be confirmed by the highest official standing for the administration of the criminal justice system in the requesting state. The experience and confirmation shall be authored or translated in accordance with the writing in the second clause of the 3.
The authority that is competent to determine the motion of the order of the population should, if the party at the same time requires it, determine how much the cost of the receipt, translation and legalization as mentioned in other clause 3 amounts to. These expenses count on to the sake of the ticket costs.
Part Article TWELVE. Free legal aid.In the states where free legal aid confessions in administrative matters, the provisions of the preceding clause are given the Applicability of cases brought in for the courts that are competent on this area.
Part Article The Art 2:15 or Declaration of the desire shall in any case be issued or received by the authorities at the site where the foreigner has his regular residence, or, in the absence of such residence, by the authorities on his whereabouts. If these authorities do not belong to a counternation state and do not receive or empower the testimonies or declarations of this species, it shall be sufficient with a vivite or statement issued or received by a diplomatic or consular representative of the state foreigner belongs to.If the applicant does not stay in the land where legal aid is sought, the testimony or the Declaration of the Declaration shall be provided free of any diplomatic or consular representative of the state where the document is to be presented.
Part Article Art 22:The authority that is competent to make the receipt or receive the declaration of desire, can obtain information on the applicant's formativity relationship with the other counterlaws of the government.The authority to determine the application of free legal aid, has within the limits of its competence right to control the testimonies, declarations and information presented to it, and to demand for the release of further information as it finds required.
Part Article Art 23.When the applicant is staying in a different country than in that where he will seek free legal aid, his application for legal assistance can be provided with testimony or declarations of desire and in case other written evidence of support for the application, overpass through The consul of his country to the authority of the authority that is competent to determine the application, or to the authority of the authority of the state where the application is to be processed.The provisions of judicial modes in Article 9, other, third and fourth joints, and in the articles 10 and 12 shall also apply to the takeover of applications for free legal assistance and disses attachments.
Part Article Art 24.Be free legal aid confessed to a citizen of one of the counternation states, shall not be any kind of discourse that concerns the matter and as being conducted in another of these states anchors refunds from the requesting end to the requesters of the requesters.The same goes for court modes, except for allowance that are paid to the sake of the ticket savvy.
Part Article V. Gagency free printing of civil distance records. Art 25.Trending citizen of one of the counteredge states may require printing of the civil distance registry provided fee-free under the same terms as inigners. The documents that are necessary by the introduction of marriage shall be legalised without the payment of the contravention of the United States diplomatic or consular representative. Part Article WE. Personal arrest. Art 26.Personal arrest as clause of forced consummation or as temporary forecaste cannot be used in civilian or commercial cases facing foreigners who are citizens of a counterend state, in case where arrest is not applicable to The state's own citizens. An act of circumstance as one in the country's resident citizen can invoke for the arrest of the arrest shall have the same effect for citizens of a different counterend state even though this circumstance has been occurred overseas.It shall be ratified, and the ratification documents shall be deposited in the Dutch Foreign Ministry of the Dutch Foreign Ministry.
Whether each deposit of ratification documents should it be set up a protocol, and a confirmed reparty of this shall on the diplomatic path is passed to each of the signatars.
Part Article Art 28.This convention takes effect on the secutive day after the fourth ratification document is deposited in accordance with article 27, other clause.For each signatarstat as ratify later, the Convention in effect takes the secution day after the date of the deposits of the ratification document.
Part Article Art 29.I relationship between the ratification states will take effect instead of the Convention on the civilian process, signed in Haag 17. July 1905If a counternation state wishes the Convention set in effect for all of its other territories or for territories if international connections the state is in charge of, it shall be stated in its intent in so regard to a document to be deposited of the Dutch Foreign Ministry of Foreign Affairs. This sends on the diplomatic path a confirmed reparty of the document to each of the contrathersome states.
Six months after this announcement, the Convention takes effect in the relationship between the states that has not done any objection to it, and that territory or the territories that the region of the region includes and if international connections State is in charge of.
Part Article Art 31.Any state that has not been represented at the seventh Conference on International Privavt, could be attributed to this convention, if not one or more states that have ratified the Convention, do some objections to it within six months after that the Dutch government has issued the announcement of the inauguration. The review is going on in the way that is prescribed in Article 27, other clause.The Convention of the Convention cannot take place until it is in effect, according to Article 28, first clause.
Part Article Art 32.Any counterparts state can at the underdrawing, the ratification or the inauguration of this convention take reservations about limiting Article 17 to apply to the citizens of the counterparts of the city that have their regular residence on its territory.A state that takes reservations as mentioned in the preceding clause may only require other counterparts to be estimated to be estimated 17 to benefit its citizens when they have regular residence in the contrathereal state of whose court they act as plaintiffs or intervenients.
Part Article Art 33.This Convention applies for five years from the day that is mentioned in the convention article 28, first clause.This amount of time is assumed from this day also for states that ratify or be attributed later.
The Convention shall be considered style tenth prolonged for five years ad time if it does not get laid off. The Termination must at least six months before the period of the period of the Dutch Foreign Ministry, which provides all the other counterend states announcement about it.
The resolution can be limited to the individual territories or some of the territories mentioned in a notice of notification, according to article 30, other clause.
The resolution has only effect in relation to the state that has notified it. The Convention is passed to apply between the other contravening states.
To the confirmation of the hernication, they have sub- down after beatfire authorization from their respective governments, signed this convention.
Ufinet in The Hague on 1. March 1954 in one specimen to be deposited in the Dutch government's archives, and of which one confirmed reparty on the diplomatic path is to be transmitted each of the states that have been represented at the seventh Haagconference About International Privavate.
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