We, with God's grace, the Swedish, the Vends King, Gote and make knowledge: that, since his Majesty the King of Sweden and Norway for good and needful found that enter into underhandling with several foreign Governments closure for Sweden's part of a Convention relating to civil procedure of international character, and his designated agent for such purposes on 17 July 1905 signed a Convention , which, since the same egalitarian provision in its art. 27 after the abovementioned period signed by attorneys for some additional States, and among these, likewise, after the dissolution of the Union between Sweden and Norway, by agents of the latter State, now reads Word for Word as follows: (translation) the Convention relating to civil procedure.



His Majesty the German Emperor, King of Prussia in the German Empire's name;

His Majesty the Emperor of Austria, King of Bohemia etc. etc. and Apostolic King of Hungary to Austria and Hungary; His Majesty the King of the Belgians; His Majesty the King of Denmark; His Majesty the King of Spain; President Of The French Republic; His Majesty the King of Italy; His Royal. Highness the Grand Duke of Luxembourg, Duke of Nassau; His Majesty the King of Norway; Her Majesty the Queen of the Netherlands; His Majesty the King of Portugal and Algarvierna, etc., etc.; His Majesty the King of Romania; His Majesty the Emperor of Russia; His Majesty the King of Sweden and the Swiss Federal Council have, in the end, to provide the Convention on november 14, 1896 with the by experience gained improvements, decided that for this purpose the end a new Convention and have in consequence to his Council appointed His Majesty the German Emperor, King of Prussia, the German Empire's name: its Envoy extraordinaire and Minister Plenipotentiary of her Majesty the Queen of the Netherlands VON SCHLOEZER , and its geheimelegationsråd D: R JOHANNES KRIEGE.



His Majesty the Emperor of Austria, King of Bohemia etc. and Apostolic King of Hungary: Hungary and Austria for: its Envoy extraordinaire and Minister Plenipotentiary of her Majesty the Queen of the Netherlands, geheimerådet, the Chamberlain count CHRISTOPHE VON WYDENBRUCK, for Austria: head of Department in Imperial Royal Austrian Ministry of Justice Ritter ROBERT HOLZKNECHT VON HORT, Hungary: Hungarian State Secretary of the Royal Ministry of Justice GUSTAF TÖRY.



His Majesty the King of the Belgians: its Envoy extraordinaire and Minister Plenipotentiary of her Majesty the Queen of the Netherlands baron GUILLAUME, and its Envoy extraordinaire and Minister Plenipotentiary at the Ministry for Foreign Affairs Director-General a. VAN DEN BULCKE.



His Majesty the King of Denmark: its also appointed Minister resident in her Majesty the Queen of the Netherlands, Chamberlain, j. w. GREVENKOP CASTENSKJOLD.



His Majesty the King of Spain: its Envoy extraordinaire and Minister Plenipotentiary of her Majesty the Queen of the Netherlands ARTURO DE BAGUER.



President of the French Republic: French Republic Envoy extraordinaire and Minister Plenipotentiary of her Majesty the Queen of the Netherlands, the MONBEL and the Professor of international law at the University of Paris, legal adviser in the Ministry of Foreign Affairs LOUIS RENAULT.



His Majesty the King of Italy: its Envoy extraordinaire and Minister Plenipotentiary of her Majesty the Queen of the Netherlands SALVATORE TUGINI.



His Royal Highness the Grand Duke of Luxembourg, Duke of Nassau: its chargé d'affaires in Berlin, count DE VILLERS.



His Majesty the King of Norway: its Envoy extraordinaire and Minister Plenipotentiary of her Majesty the Queen of the Netherlands f. HAGERUP.



Her Majesty the Queen of the Netherlands: its foreign minister, Jonkheer w. m. DE WEEDE DE BERENCAMP, its minister of Justice j. a. LOEFF, and its prime minister, Member of the State Council, President of the Royal Commission on private international law, President at conferences on private international law, t. m. c. ASSER.



His Majesty the King of Portugal and Algarvierna, etc. etc.: its Envoy extraordinaire and Minister Plenipotentiary of her Majesty the Queen of the Netherlands count of SELIR.



His Majesty the King of Romania: its Envoy extraordinaire and Minister Plenipotentiary of her Majesty the Queen of the Netherlands e. MAVROCORDATO.



His Majesty the Emperor of Russia: its Envoy extraordinaire and Minister Plenipotentiary of her Majesty the Queen of the Netherlands, n. TCHARYKOW.



His Majesty the King of Sweden: its Envoy extraordinaire and Minister Plenipotentiary of her Majesty the Queen of the Netherlands Baron FALKENBERG.



Swiss Federal Council: Swiss Envoy extraordinaire and Minister Plenipotentiary of her Majesty the Queen of the Netherlands (G).

CARLIN, who, after having communicated to each other their in good and due form found proxies, agreed on the following provisions: i. the service of judicial and extra judicial documents.



Article 1.



In the case of service of documents, which concern legal relations in civil or commercial matters and are intended to be sent to abroad for vistande persons, the Contracting States shall apply to such service requests made by the Consul of the State, on whose page the service is desired, with authority, as noted by the State in which the request is made, the request shall be complied with.

The request will be specified, by what authority document issued, the names of the parties and the position of the recipient's address and the nature of the Act, as a question; and shall the representation be drawn up in the language, which is operated by the authority, in which the representation is made. The same authority was to submit the document to the Consul, to demonstrate that the service occurred or the obstacle, which is therefore met.



Disagreement, which, by reason of such manufacture startup.sh, leveled by diplomatic means.



It is one of the speakers was closing States free to in particular to the other targeted message is, the transmission of such requests for service within its area, which mentioned in the first subparagraph, shall be done diplomatically.



Forthcoming regulations include no obstacles for the two Contracting States to agree, the direct correspondence between the muyndigheterna in the two States may occur.



Article 2.



The notification shall be effected through the provision by the competent authority of the Member State where the request made. The authority may, except in cases referred to in article 3, to effect service through document delivery to the consignee, provided that he or she voluntarily receives it.



Article 3.



If the document, to be delgivas, is written either in the language, which is operated by the authority, of the request for service is made, or the person concerned in a language agreed between States or if the Act is accompanied by a translation into one of these languages, the requested authority shall, as far as desire thereof articulated in the document, the delgiva made the request in the form as for the execution of similar service is prescribed by the law of the State, authority belongs, or in a particular form, so white it doesnt violate the same law. Has such a desire not expressed, the authority shall first seek the execution of the service in the manner provided for in article 2.



As far as not agreed otherwise, the accuracy of the translation of the preceding subparagraph omförmälda be certified by the diplomatic or consular officer of the State, from whose side the service requested, or by sworn translators in the State in which service is to be effected.



Article 4.



The execution of the service, provided for in articles 1, 2 and 3 förmäles, cannot be denied, unless the State, in whose territory it is to take place, believe it to be of a nature to violate its sovereignty or endanger its security.



Article 5.



As proof of service shall apply to either one of the beneficiary issued, dated and legalized a receipt or certificate of authority of the State in which the request has been made, indicating that the service took place, the form in which it occurred, and the date of notification.



The document has been sent for service in duplicate, shall be signed, on the receipt or certificate or vidfogas one of these.



Article 6.



By impending regulations shall not prejudice: 1: o) the power to transmit documents in the mail directly to the appropriate overseas;



2: o) the power to enforce the service immediately by competent authorities in the country where service is to be effected;



3: o) the power of each State to have effect service of documents abroad existing people through its diplomatic or consular agents.



In each of these cases comprised a power only, when such agreements concluded between States authorize the person or, in the absence of such agreement, the State on whose territory the service is to be effected, not oppose it. This State can


not oppose the document, then in that case, as here above under 3: o) means, the document without the use of coercive measures shall be submitted to a subject of the State, from whose side the service desired.



Article 7.



For notifications get non charged fees of any kind.



However, unless otherwise agreed, the State in which the request for notification, be that of the State, who requested the service, claim reimbursement of expenses, as prompted by the service's men's participation in the proceedings, or by the use of a particular form of case, as in article 3 omförmälts.



II. Request for assistance in the trial.



Article 8.



In case or case in civil or commercial matters own the judiciary in one of the Contracting States, with due regard for the provisions of the legislation, the competent authority of another of those States make production on the adoption of measures of investigation in the case or matter or of the other to its treatment related measures.



Article 9.



Such petition shall by the Consul of the State, from whose side the representation made, submitted to the authority, as noted by the State in which the request made. This authority was to submit the document to the Consul, to demonstrate that assistance effected or the obstacle, which is therefore met.



Disagreement, which, by reason of such petition shall surrender occurred, leveled by diplomatic means.



It is one of the Contracting States are free, in particular to the other targeted message to claim, that the transmission of requests for hand räckningar, that school should be carried out within its territory, shall be done diplomatically.



Forthcoming provisions constitute no obstacle to the two Contracting States to agree, the requests for assistance may directly exchanged between the authorities of the two States.



Article 10.



So now not differently agreed, shall petition be drawn up either in a language, which is operated by the authority, to which it is addressed, or in a language he or she agreed between States or also to the request be accompanied by a translation into one of these languages, the translation has been certified to the correctness of the diplomatic or consular officer of the State, from where the representation has come , or by sworn translators, belonging to the State, where the request has been made.



Article 11.



The judicial authority, in which the representation has been made, is obliged to comply with this, using the same coercive measures, as when the question is whether a similar petition from any authority in the State, former authority itself, or a request, as for the like purposes made by a party. However, the obligation not to exist for the use of such coercive measures as regards the party's appearance.



If the authority, of which the representation made, so require, it shall be informed of the time and place of the action, in response to the request shall take place, at the party, who so wish, may be in the opportunity thereby tillstädesvara.



Taking the requested action can be denied only, 1: o) if its authenticity non become established;



2: o) if the State to which the request has been made, the execution of the requested action not apply judicial authority;



3: o) of the State in whose territory the operation is to be effected, considers it to be of the nature to violate its sovereignty or endanger its security.



Article 12.



Where the authority to which the request has been made, is not competent to take the requested action, the representation, in accordance with the provisions in force, be communicated to the competent service road in the judiciary in the same State.



Article 13.



In all cases, then the requested action not taken by the authority to which the request has been made, it is up to the authority to immediately thereupon inform the authority from which the request expired, and who is also defined, if such a case is on the hand, as referred to in article 11, the reasons, on account of which the adoption of the measure denied, as well as in cases, which is referred to in article 12 , to which authority the request has been forwarded.



Article 14.



The judicial authority, which is dominated by the requested action, shall in the case of the former, which should be exercised, applying their own country's laws. However, where the use of a particular form requested by the authority which made the request, this form should be exercised, so now it doesnt violate the law of the country to which the request occurred.



Article 15.



Through the provisions in the forthcoming articles were repealed non power, which may apply State to let hand assistance measures taken directly of its diplomatic or consular officials, about whether this approach is by treaty between the competent States permitted, or the State on whose territory the operation is to be effected, not oppose its adoption.



Article 16.



For the taking of assistance measures get non payable fees of any kind.



However, unless otherwise agreed, the State where the measure requested, owning to the State from which the request occurred, demanding compensation for what the witnesses or experts have been paid as well as for costs, as prompted by the service men's participation in the proceedings, if such are requested that witnesses not voluntarily set itself, or for costs incurred when the provision in article 14 second point come to use.



III. Parties ' obligation to provide security.



Article 17.



Where the subject of one of the Contracting States, a resident of any of them, is the plaintiff or intervening party in the courts of another of those States, may he not, due to his capacity as alien or in consequence of the loss of domicile or residence within the country, ordered to set bail or other security, under what name.



The same shall apply in respect of the other obligations, which may be borne by the plaintiff or intervening party, to apply the deposit to cover remuneration, which shall be paid to the Court.



Conventions, whereby between particular States parties agreed, that the subjects in one country school, regardless of their place of residence, in the other be exempt from providing security for rättegånskostnader or to reduce the money to cover the compensation of court, school still possess power.



Article 18.



In one of the Contracting States plaintiff or intervening party, either on the basis of the provisions of article 17, first and second subparagraphs or in consequence of the law of the State where proceedings have been instigated, is exempt from providing security and enforce a security deposit, which is stated above, shall be sentenced to pay costs on thereupon in diplomatic channels made the production of this judgment in a was of the other Contracting States are free to be made by competent authority Moreover enforceable.



The same rule applies in respect of the other court decisions, which become particularly lie regarding amount later.



Forthcoming provisions include non obstacle to two Contracting States to agree, the request to obtain a writ of execution may also be produced directly by the parties.



Article 19.



Decision on costs shall, without hearing the parties declared enforceable, but the convicted party owns the right to lament, that the law of the State where enforcement is sought, consents to him.



Authority which is competent to decide on entitlement to enforcement request produced, shall confine itself to investigate: 1: o) If, under the law of the country where the judgment has been handed down, the document, on account of which enforcement sought, satisfies the conditions laid down for its formal validity;



2: o) if under that law the judgment becoming final;



3: o) on the part of the judgment, which includes actual imposition, are written either in the language, which is operated by the authority, with which enforcement sought, or in a language he or she agreed between States or also is accompanied by a translation into one of these languages, which, as far as not differently agreed, been to the accuracy certified by the diplomatic or consular officer of the State from where the request has been made, or of the sworn translator, belonging to the State in which enforcement is sought.



As evidence that the second paragraph under 1: o) and 2: o) prescribed conditions are satisfied, apply to a competent authority of the State, from where the manufacture discontinued, issued the evidence, that judgment has become final. This regulatory competence shall not, except as otherwise agreed, be certified by the highest judicial authority in the same State. proof and certificate, as now stated, must be written or translated according to the provision under 3: o) in the second paragraph above.



IV. Free legal aid.



Article 20.



Subjects in each of the Contracting States school in any other of these States enjoy like the benefit of free legal aid, as


in accordance with current regulations in the country where legal aid is wanted, is the country's own nationals.



Article 21.



In the case of aliens ' indigence shall in each case be issued proof or explanation of authority of his place of residence or, if he has not a permanent residence, by the authority on the place, where he currently resides. In the case that they would belong to different State than any of the contracting and of them such proof not issued or explanations upptoges, Mon by diplomatic or consular officer of the country, the foreigner belongs, issued certificate or busy explanation be authentic.



If the applicant is not resident in the country, where legal aid is claimed, the certificate or declaration of his indigence without fee legalized by a diplomatic or consular officer of the country, of which the document shall be presented.



Article 22.



Authority, which owns the issue the indictment or assume a declaration of insolvency, with the authorities of other Contracting States to obtain information concerning the applicant's wealth terms.



The authority, which it is your responsibility to decide over made application for free legal assistance, maintain within the limit of its jurisdiction the right to hear the evidence, explanations and information, which is the same sanction.



Article 23.



Have free legal aid granted to the subject in any of the Contracting States, school of communications, who have respect on the same trial and executed in another of these States, no other benefits to the State, where service is sought, shall be charged in the State, who requested the service, other than compensation for expenses, which, through the use of a special form referred to in article 3.



In the case, which has now been said, may the execution of official assistance in the trial nor give rise to arrangements between States of different benefit than for amounts, paid to the witnesses and experts, or for expenses, caused by the application of the provisions of the second paragraph of article 14.



V. Bysättning.



Article 24.



In case or matter, which are not concerning a criminal offence, may not bysättning, either as exekutionsmedel or as safety precaution use on foreigners, belonging to any of the Contracting States, otherwise than in the cases, where such a measure can be used toward the country's own nationals. Circumstance, that of a country's own subject, residing in the same, may be invoked as grounds for the abolition of bysättning, shall cause the same effects in favor of a subject of any of the other Contracting States even if the same circumstance occurred abroad.



Vi. Final Provisions.



Article 25.



This Convention shall be ratified and the instruments of ratification are deposited in the Hague school, as soon as six of the High Contracting Parties are in time.



At each deposit of instruments of ratification, the Protocol objectives, one of which is duly attested transcript by diplomatic means shall be provided to each of the Contracting States.



Article 26.



This Convention shall be applied within the European territories of the Contracting States.



If a Contracting State would want densammas adjudication regarding force concerning its overseas territories, possessions or colonies, or within his consular jurisdictions, such State for such purpose tillkännagiva this its intention in a document, which shall be deposited in the archives of the Dutch Government.

The Government in question shall submit to a diplomatic channels was of the Contracting States a duly certified transcript of the said document. The Convention shall enter into force between the States which respond to this announcement with a statement of approval of the same, and on the other hand, the overseas regions, dependencies or colonies as well as the consular jurisdictions, with respect, on which the announcement was made. Declaration of approval shall also be deposited in the archives of the Dutch Government, the Government by diplomatic means shall provide to each of the Contracting States a duly certified transcript of the same.



Article 27.



The States that were represented at the 4th Conference of private international law, have the right to sign this Convention until the article 25 mom. 1 omförmälda time of ratifikationsinstrumentens depositing.



After this time, they will always have the right to accede to it. The State, which wishes to accede to the Convention shall tillkännagiva his intention in a written document, which shall be deposited in the archives of the Dutch Government. This Government must submit to the diplomatic channels a was of the Contracting States a duly certified transcript of the said document.



Article 28.



This Convention shall replace the rules of private international law con ven tion of 14 november 1896 and the additional protocol on 22 May 1897.



The Convention enters into force on the sixtieth day from the day when all the States which have signed or acceded to the Convention on 14 november 1896, have deposited their instrument of ratification of the present Convention now and last modified on april 27, 1909.



In that case, which concerned article 26 subsection. 2 the Convention shall enter into force 6 months after the date of the Declaration of acceptance, and in the cases referred to in article 27. 2, on the sixtieth day after the date of the announcement of accession to the Convention.



It is understood that the announcements, as mentioned in article 26. 2, not able to take place sooner than the present Convention in accordance with the mom. 2 of this article entered into force.



Article 29.



This Convention shall be valid for five years, counted from the day, as noted in article 28. 2 as the date of its entry into force.



This period begins to run from the ovanangivna day likewise for those States, which either after the said day executed the deposit of their instruments of ratification or later acceded to the Convention, and this provision applies also in the event that declarations of acceptance in accordance with art. 26 mom. 2 from the parties.



The Convention shall be deemed to, without further notice, renewed for five years at a time, unless the non-uppsäges.



Termination shall be disclosed to the Dutch Government at least 6 months before the end of the subsection. 2 to 3 times, and shall inform the Dutch Government filed all the other States.



Denunciation may be limited to only the overseas regions, dependencies or colonies as well as consular jurisdictions, included in a in accordance with the provision of art. 26 mom. 2 drafted notice.



The cancellation effect toward only State owns, which notified the same. For other States, the Convention retains its validity.



To the respective Council confirmation thereof have signed and sealed this Convention.



Done at the Hague on 17 July 1905 in a single copy, which shall be kept in the Dutch Government's archives, and of which a duly attested transcript by diplomatic means shall be provided to each of the 4th International Conference of private law representing States.



For Germany: (L.S.) VON SCHLOEZER.

(L.S.) KRIEGE For Austria and Hungary: (L.S.) C. a. WYDENBRUCK, Austria-Hungary's minister.



For Austria: (L.S.) HOLZKNECHT, head of the Imperial Austrian Justice Ministry.



For Hungary: (L.S.) TÖRY, State Secretary in the Royal Hungarian Ministry of Justice.



For Belgium: (L.S.) GUILLAUME.

(L.S.) ALFRED VAN DEN BULCKE.



For Denmark: (L.S.) W. GREVENKOP CAST-SKJOLD.



For Spain: (L.S.) A. DE BAGUER.



For France: (L.S.) MONBEL.

(L.S.) L. RENAULT.



For Italy: (L.S.) TUGINI.



For Luxembourg: (L.S.) COUNT DE VILLERS.



For Norway: (L.S.) F. HAGERUP.



For the Netherlands: (L.S.) W. M. DE WEEDE.

(L.S.) J. A. LOEFF.

(L.S.) T. M. C. ASSER.



For Portugal: (L.S.) COUNT THE SELIR.



For Romania: (L.S.) EDG. MAVROCORDATO.



For Russia: (L.S.) N. TCHARYKOW.



For Sweden: (L.S.) G. FALKENBERG.



For Switzerland: (L.S.) CARLIN.



Thus have We entered into this Convention with all its articles, paragraphs and clauses wanted to ratify, approve of and adopt, as We hereby stays the same and the effect of this on the very most penetrating, that happen can, antage, Guild and ratificere, so that we, what forthcoming Convention with all its articles, paragraphs and clauses contain and able, frankly, probably and redlingen vele and education keep and fulfill. In addition, there have We this with your own signed and with Our royal seal confirm allowed, that took place on the Royal Palace in Stockholm on april 21, 1909.



(translation)



Protocol.



For the enforcement of the provisions of article 25 of the Convention on civil procedure signed at the Hague on 17 July 1905, hava signed met to get to deposit in Her Majesty the Queen of the Netherlands Government, by the High Contracting powers ' ratifications.



In doing so, have the instruments of ratification from: 1. His Majesty the German Emperor, King of Prussia;



2. His Majesty the Emperor of Austria, King of Bohemia etc. and


Apostolic King of Hungary;



3. His Majesty the King of the Belgians;



4. His Majesty the King of Denmark;



5. His Majesty the King of Spain;



6. the President of the French Republic;



7. His Majesty the King of Italy;



8. His Majesty the King of Norway;



9. Her Majesty the Queen of the Netherlands;



10. His Majesty the King of Portugal and Algarvierna, etc.;



11. His Majesty the King of Romania;



12. His Majesty the Emperor of Russia;



13. His Majesty the King of Sweden; and 14. The Swiss Federal Council exhibited and, since the same found in good and due form, have entrusted to the Dutch Government to be deposited in the archives of the Ministry of Foreign Affairs.



At the entrepreneurship of the deposit of the instruments of ratification of the Convention in question to establish first signed signed on 17 July 1905, on behalf of the following statsöverhuvudens, namely: His Majesty the German Emperor, King of Prussia for the German Empire; His Majesty the King of Spain; President of the French Republic; His Majesty the King of Italy; His Royal. Highness the Grand Duke of Luxembourg, Duke of Nassau; Her Majesty the Queen of the Netherlands; His Majesty the King of Portugal and Algarvierna etc.

etc.; His Majesty the King of Romania; His Majesty the Emperor of Russia, and his Majesty the King of Sweden and Norway for Sweden, as well as that by virtue of article 27 of this Convention, the same signed after förenämnda day: His Majesty the Emperor of Austria, King of Bohemia etc. and Apostolic King of Hungary, on behalf of Austria and Hungary on 23 november 1908;



His Majesty the King on behalf of Belgians on september 30, 1908;



on behalf of his Majesty the King of Denmark on 13 July 1908;



on behalf of his Majesty the King of Norway on 5 July 1907 and, on behalf of the Swiss Federal Council on november 14, 1908.



In witness whereof the present Protocol established, of which a certified copy shall be sent to the diplomatic channels a was of the Contracting States.



Declarations (1910:8) concerning the simplification of the procedure of equal assistance the Hague 17 July 1905 ended the Convention on civil procedure of international nature;



exchanged between the Royal Swedish and Imperial German Governments in Stockholm on 5 February 1910.



Declaration.



Between kungl. Swedish Government and kejserl. German Government in connection to the Hague Convention on civil procedure of 17 July 1905, the following agreement was reached in and for further simplification of the assistance procedure.



Art. I. Equal subject in article 3, second paragraph, in article 10 and in article 19, second paragraph the Pacific 9 3, of the Hague Convention on civil procedure of 17 July 1905 to those prescribed in these articles, translations of documents in that omförmälda to the accuracy attested even by sworn translator of the State from which the request occurred.



Art. II. Equal subject in art. 6, second paragraph, of the Hague Convention relating to civil procedure, each party allow directly without the use of coercive measures through its diplomatic or consular agents enforce the service on the other party's territory, where it is not the case for service with the latter Party's subject.



The same applies to the egalitarian nature of the subject of the Convention. 15 as regards the enforcement of the measure requested assistance.



Art. III. Equal subject in art. 7, second paragraph, of the Hague Convention relating to civil procedure shall be due compensation for the non-expenditures, which occur as a result of man's involvement in the art. 3 of the Convention cases.



The same applies to the equal subject in article 16, second paragraph, of the Convention in respect of the expenditure for the involvement of the crew, which summons parties thereof, to a witness, neglecting to appear.



Art. IV. To the extent that, in accordance with the Hague Convention relating to civil procedure, read in conjunction with art. (III) in this Declaration, the costs to be recovered, school these are calculated according to the regulations, that apply, then the same action on domestic demand should be taken in the State, where the representation made.



Art. V. Impending declaration shall enter into force on 1 March 1910 and is valid until the expiration of 6 months from either side done.

The Declaration will be exchanged for a similar explanation of kejserl. German Government.