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Law No. 235 Of 9 December 1998

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

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LEGE no. 235 235 of 9 December 1998 for the ratification of the Convention between Romania and Spain-complementary to the Convention on Civil Procedure, concluded in The Hague on 1 March 1954-signed in Bucharest on 17 November 1997
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 480 480 of 14 December 1998



The Romanian Parliament adopts this law + Article UNIC The Convention between Romania and Spain is ratified-complementary to the Convention on Civil Procedure, concluded in The Hague on 1 March 1954-signed in Bucharest on 17 November 1997. This law was adopted by the Senate at the meeting of October 12, 1998, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT, MIRCEA IONESCU-QUINTUS This law was adopted by the Chamber of Deputies at the meeting of November 9, 1998, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT, ANDREI CHILIMAN + CONVENTION between Romania and Spain-complementary to the Convention on Civil Procedure, concluded in The Hague on 1 March 1954 Romania and Spain, hereinafter referred to as Contracting States, Noting that both Contracting States are parties to the Convention on Civil Procedure, concluded in The Hague on 1 March 1954, hereinafter referred to as the Hague Convention, considering the provisions of art. 1 1 para. 4 4, of art. 3 3 para. 3 3, of art. 9 9 para. 4 4 and art. 10 of the Hague Convention, which allows the States Parties to this Convention to conclude bilateral agreements to derogate from some of its provisions, wishing to facilitate the notification of procedural documents and the fulfilment of the rogatory commissions in civil and commercial matters between the two Contracting States, have decided to conclude a complementary convention at the Hague Convention and, for that purpose, have agreed the following provisions: + Article 1 The citizens of each contracting state enjoy, in the territory of the other contracting state, the same treatment as the citizens of the latter, in terms of legal and judicial protection with procedural character in civil and commercial matters. For this purpose, they will have free access to the courts of the other contracting state and will be able to present themselves to its justice under the same conditions as the citizens of the requested contracting state. + Article 2 1. Judicial and extrajudicial documents in civil and commercial matters, which come from a contracting state and are intended for persons who are in the territory of the other contracting state, will be addressed by the requesting judicial authority the judicial authority requested through the Ministries of Justice of the two Contracting States. 2. It is sufficient to transmit a single copy of the document to be notified and, in this case, the provisions of art. 5 5 para. 2 2 of the Hague Convention. 3. Documents will be exempt from legalization or any other equivalent formality. + Article 3 Art. 2 of this Convention shall not preclude the possibility of contracting States from notifying, through their diplomatic or consular representatives, the judicial and extrajudicial documents intended for their own citizens. For this purpose, the citizenship of the recipient of the documents will be determined according to the law of the contracting state in which the notification should be made + Article 4 The rogatory commissions in civil and commercial matters, which come from a contracting state and would be executed on the territory of the other contracting state, will be addressed by the requesting judicial authority to the judicial authority requested by the Ministries of Justice of the two Contracting States. + Article 5 Art. 4 of this Convention shall not exclude the possibility for the Contracting States to execute, through their diplomatic or consular representatives, the judicial and extrajudicial documents and the rogatory commissions which have as their object the taking of declarations of to our citizens. For this purpose, the citizenship of the person whose declaration is required will be determined according to the law of the contracting state in which the rogatory commission is to be fulfilled. + Article 6 The exclusive jurisdiction of the courts of the requested Contracting State does not constitute sufficient grounds for denying the notification of judicial and extrajudicial documents or the execution of the requested rogatory commissions. + Article 7 The requested judicial authority must inform the requesting judicial authority directly, with sufficient time before, of the day, time and place of the commission of the rogatory commission. + Article 8 Public and private documents whose authenticity has been declared by a judicial or administrative authority or by a notary public of a Contracting State shall be admitted in civil and commercial proceedings which take place in the the courts of the other Contracting State, without the need for any legalisation or any other equivalent formality. + Article 9 The judicial and extrajudicial documents, the rogatory commissions, as well as the complementary communications and acts will be written in the official language of the requesting contracting state, accompanied by official translations in French. Communications regarding their performance, as well as their communications and complementary acts will be written in the official language of the requested contracting state. + Article 10 The difficulties that might arise in the application of this Convention will be resolved by diplomatic means. + Article 11 1. The present Convention shall enter into force 30 days after the date of the last notification by which the Contracting States have communicated each other the fulfilment of the internal procedures necessary for that purpose. 2. Any Contracting State will be able to denounce this Convention by written notice, by diplomatic means. The denunciation will take effect 6 months after the date of receipt of the notification. 3. This Convention shall be concluded for an indefinite period. It will cease its validity if the Hague Convention is no longer in force for one of the Contracting States. Signed in Bucharest on 17 November 1997, in two original copies, in Romanian, Spanish and French, all texts being equally authentic. For Romania, Valeriu Stoica For Spain, Margarita Mariscal de Gante y Miron ------