Law No. 235 Of 9 December 1998

Original Language Title:  LEGE nr. 235 din 9 decembrie 1998

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Law No. 235 of 9 December 1998 on ratification of the agreement between Romania and Spain — complementary to the Convention on civil procedure concluded at the Hague on 1 March 1954, signed at Bucharest on 17 November 1997 PARLIAMENT ISSUING published in MONITORUL OFICIAL nr. 480 of 14 December 1998, the Parliament of Romania adopts this law.


The sole article Shall ratify the Convention between Romania and Spain — complementary to the Convention on civil procedure concluded at the Hague on 1 March 1954, signed at Bucharest on 17 November 1997.
This law was adopted by the Senate at its meeting on 12 October 1998, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. Senate CHAIRMAN MIRCEA IONESCU-QUINTUS this law was adopted by the Chamber of deputies at its meeting on 9 November 1998, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT, ANDREI CHILIMAN CONVENTION between Romania and Spain — complementary to the Convention on civil procedure concluded at the Hague on 1 March 1954, Romania and Spain hereinafter Contracting States, noting that both Contracting States are parties to the Convention on civil procedure concluded at the Hague on 1 March 1954, hereinafter referred to as the Hague Convention, taking into account the provisions of art. 1 (1). 4 of art. 3 paragraphs 1 and 2. 3, of article 23. 9 para. 4 and art. 10 of the Hague Convention, which permit States parties to this Convention to conclude bilateral agreements to derogate from some of its provisions, to facilitate the notification of proceedings and of letters rogatory in civil and commercial matters between the two Contracting States, have decided to conclude an agreement complementary to the Hague Convention and, to this end , have agreed the following provisions: Article 1 Nationals of each Contracting State shall enjoy, in the territory of the other Contracting State the same treatment as citizens of the latter, with regard to legal and judicial protection with procedural character in civil and commercial matters. To this end, they will have free access to the courts of the other Contracting State and will be able to submit to justice in the same conditions as the nationals of the Contracting State.


Article 2 1. Judicial and extrajudicial documents in civil and commercial matters, which come from a State contractor and are intended for persons located on the territory of the other Contracting State, shall be addressed by the judicial authority of the requested judicial authority demanding through the ministries of Justice of the two Contracting States.
2. It is sufficient a single copy of the document to be notified and, in this case, are no longer applicable to the provisions of art. 5 para. 2 of the Hague Convention.
3. documents shall be exempt from legalisation or any equivalent formality.


Article 3 the provisions of art. 2 of this Convention shall not preclude the Contracting States to notify, through their diplomatic representatives or consular, judicial and extra-judicial documents intended for their own citizens. For this purpose, the recipient's nationality documents will be determined according to the law of the Contracting State in which it should be effected.


Article 4 rogatory in civil and commercial matters, which come from a State contractor and would have to be carried out in the territory of the other Contracting State, shall be addressed by the judicial authority of the requested judicial authority demanding through the ministries of Justice of the two Contracting States.


Article 5 the provisions of art. 4 of this Convention shall not exclude the possibility for Contracting States to undertake, through their diplomatic representatives or consular, judicial and extra-judicial documents and rogatory which have as their object the taking of statements from its own citizens. To this end, the citizenship of the person whose statement is required to be established under the law of the Contracting State in which they are to be fulfilled by the Commission rogatorie.


Article 6 Jurisdiction exclusive of the courts of the Contracting State requested does not constitute a sufficient ground for refusing judicial and extra-judicial documents notification or execution of letters rogatory.


Article 7 the requested judicial authority must inform the judicial authority demanding directly, with enough time in advance, about the date, time and place of execution of the rogatorii Commission.


Article 8 public and private Documents whose authenticity was declared by a judicial or administrative authority or by a notary public of a Contracting State shall be admitted in proceedings in civil and commercial matters in the courts of the other Contracting State, without the need for any legalisation or any equivalent formality.


Article 9 judicial and extra-judicial Documents, rogatory, as well as communications and supplementary laws shall be drawn up in an official language of a Contracting State to the applicant, together with official translations in French. Communications concerning the fulfilment of their communications and complementary laws thereto shall be drawn up in an official language of a Contracting State.


Article 10 the difficulties that may arise in the application of this Convention will be resolved diplomatically.


Article 11 1. This Convention shall enter into force after 30 days from the date of the last notification by the Contracting States and having communicated to mutually fulfilling the necessary internal procedures to that end.
2. Any Contracting State may denounce this Convention will by written notice, diplomatically. Denunciation will take effect after six months from the date of receipt of the notification.
3. this Convention is concluded for an indefinite duration. She will cease to be valid in the event that the Hague Convention will no longer be in force for one of the Contracting States.
Signed at Bucharest on 17 November 1997, in two originals, in the Dutch, French, Spanish and Romanian languages, all texts being equally authentic.
For Romania, Valeriu Stoica For Spain, Margarita Mariscal de Gante y Miron------