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Convention 1 March 1954 Of The Civil Process

Original Language Title: Konvensjon 1 mars 1954 om den sivile prosess

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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
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Card title Convention 1 March 1954 about civil process

Capital overview :

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.
Art 1.In civil or commercial matters shall be the message of documents for people who are stalling abroad in the counterend states on the petition of the requesting state of the government as the requesters of the requester state. The petition shall contain information on the authority of the authority that the oversubmitted document has come from, the couple's name and position, the destination of the destination and document species and be unauthored in the requestent Authority of the requesters. This authority shall submit the Consul the Scripture that proves that the discourse has been made or gives enlightenment about the circumstance that has prevented the execution.

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.

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. 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.

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. 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.

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.

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.

II. Correction.
Art 8.I civil or commercial matters should the judical authority in a counterend state, overtaking with the regulation of its own legislation, by court modding could address the competent authority in a different countertop state to pray the one about making either an evidence recording or any other legal action within its territory. The Art 9.Justice modes shall be passed by the requesting state of the Government of the Authority as the equalise of the requesters of the This authority shall submit the consul's writing that shows that the court of justice has been resettled or gives enlightenment about the circumstance that has prevented the descendant of the child.

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.

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. 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.
Art 12.If the requested authority is incompetent, it shall of its own measures overpass the judicial maturity of the competent judicial authority in the same state, overburdened with the regulation of denennes legislation.
Art 13.In any case where the judicial modus is not resettled by the requested authority shall this immediately inform the requesting authority of the requesting authority, and enlighten, in the article 11 rehandheld case, the reasons for their descendants are denied and in it in Article 12 rehandset case, to what authority the request has been passed. Art 14.The judical authority that performs the judicial maturity shall observe the forms prescribed in the country's own legislation.

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.

The Art 15.provisions of the preceding articles do not rule out that a state can allow court modes to perform directly by their diplomatic or consular representative if this is haunting by the agreement between the person states, or the state of if The territory of the court is to be carried out not to oppose it. The Art 16.Execution of court mods does not involve the claims of the payment of sports or charges of any species.

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.

LII. Security for sacraments. (Catitio judicatum solwe.)
Art 17.Safety or deposits cannot in any form impose citizens of one of the contrasting states settled in one of these when they act as plaintiffs or intervenients for the courts in another one of the states, neither of that reason that they are foreigners or because they do not have permanent residence in or permanent residence in the country.

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.

Art 18.Fix Decisions as in one of the countertop states impose a plaintiff or intervenient to pay ticket charges or legal fees in case where he is exempt for security, deposit, or payment after article 17, first and other joints, or by the law of the state where the case has been erected, shall by the petition on the diplomatic path made free excitation of the competent authority in any of the other counternation states.

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.

Art 7:02 : Art 7pm on sacraments or fees should be declared exgible without the parties to be heard, but with admission for the sentencing party to later to make the decision tried by the legislature in the state where consummation is being sought.

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.

TWELVE. Free legal aid.
Art 20.I civilians or commercial cases shall be citizens of any of the counterleaders of the state have the same access to free legal aid in all of the other countertop states as the country's own citizens, under the observation of the legislature in the state where free legal aid search.

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.

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.

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.

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.

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.

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. 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.
WE. The end regulations. Art 27.This Convention is open to the underdrawing of the states that have been represented at the seventh Conference on International Privavt.

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.

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.

Art 29.I relationship between the ratification states will take effect instead of the Convention on the civilian process, signed in Haag 17. July 1905
Art 30.This convention applies to the counteredge of the country's real territories (territoire's metropolises).

If 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.

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.

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.

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.