Rs 0.274.133 Convention Of 25 October 1980 Aimed To Facilitate International Access To Justice (With Annex)

Original Language Title: RS 0.274.133 Convention du 25 octobre 1980 tendant à faciliter l’accès international à la justice (avec annexe)

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0.274.133 original text Convention designed to facilitate international access to justice, concluded at the Hague on 25 October 1980 approved by the Federal Assembly on 9 June 1994, Instrument of ratification deposited by the Switzerland on 28 October 1994 entry into force for the Switzerland on 1 January 1995 (State April 23, 2015) States signatories to this Convention wishing to facilitate international access to justice, have resolved to conclude a Convention for this purpose and have agreed on the following provisions: chapter I support judiciary art. 1. nationals of a Contracting State, as well as persons having their habitual residence in a State Contracting, are admitted to the benefit of legal assistance in civil and commercial matters in each Contracting State under the same conditions as if they themselves were nationals of that State and usually resided there.
The persons to which the provisions of the preceding paragraph do not apply, but who have their habitual residence in a Contracting State in which a judicial procedure is or will be committed, will nevertheless be admitted to the benefit of legal assistance to the conditions laid down in the preceding paragraph, if the cause of action arises from this former habitual residence.
In the States where judicial assistance is in administrative, social and tax policy, the provisions of this section apply to cases brought before the competent courts in these matters.

Art. 2. art. 1 applies to legal consultation, on the condition that the applicant is present in the State where the consultation is requested.

Art. 3. each Contracting State designates a central authority to receive requests for judicial assistance submitted in accordance with this Convention and to follow.
The Federal States and the States in which several legal systems are in force have the ability to designate several central authorities. In the event of incompetence of the seized central authority, it forwards the request to the competent central authority of the same Contracting State.

Art. 4. each Contracting State designates one or more transmitting authorities responsible for transmitting requests for judicial assistance to the competent central authority in the requested State.
Requests for judicial assistance are transmitted, without the intervention of any other authority, using the model form annexed to this Convention.
Each Contracting State has the option of using diplomatic channels for the same purpose.

Art. 5. when it is not present in the requested State, the applicant to legal aid may, without prejudice to any other means by which he could submit his request to the competent authority of that State, apply to a transmitting authority of the Contracting State where it has its habitual residence.
The request is made in accordance with the model form annexed to this Convention. She is accompanied by all the necessary documents, subject to the right of the requested State to request information or additional documents in appropriate cases.
Each Contracting State has the ability to know that its central authority receiving can be seized by any other way or means.

Art. 6. the transmitting assists the applicant so that are attached all documents and information which, to the knowledge of the authority, are necessary for the assessment of the application. She checks their formal regularity.
It may refuse to transmit the application in case it seemed manifestly ill-founded.
If so, she assists the applicant for a translation free of charge documents.
It responds to the requests for additional information emanating from the Central receiving authority of the requested State.

Art. 7. the applications for legal aid, the supporting documents, as well as communications in response to the requests for additional information must be written in the language or in one of the official languages of the State required or accompanied by a translation in one of these languages.
However, when obtaining a translation in the language of the requested State is difficult to achieve in the requesting State, the latter must accept that these parts are written in French or English, or accompanied by a translation in one of these languages.
Communications from the Central receiving authority can be written in the language or in one of the official languages of that State, in English or french. However, when the request transmitted by the transmitting is drafted in french or in English or accompanied by a translation in one of these languages, communications from the Central receiving authority are also written in one of these languages.
Translation costs for the application of the preceding paragraphs remain the responsibility of the requesting State. However, the translations made, as appropriate, by the requested State remain dependents.

Art. 8. the Central receiving authority shall decide on the request for judicial assistance or takes the necessary measures for a ruling on this one by the competent authority of the requested State.
She transmits the requests for additional information to the transmitting and informs him of any difficulty relating to the examination of the application, as well as the decision taken.

Art. 9. when it is not in a Contracting State, the applicant to legal aid may, without prejudice to any other means by which he could submit his request to the competent authority of the requested State, transmit his request by the consular road.
Each Contracting State has the ability to know that its central authority receiving can be seized by all other path or way.

Art. 10. the documents transmitted in application of this chapter are exempted from any legalization and any analogous formality.

Art. 11. the intervention of the competent authorities to transmit, receive or adjudicate requests for judicial assistance under this chapter is free.

Art. 12. the investigation of requests for judicial assistance is carried out emergency.

Art. 13 when legal aid was granted in application of article 1, the notifications and meanings, in any form, related to the trial of the beneficiary and that would be to do in another Contracting State, cannot give rise to any refund. It is similarly the letters rogatory and social surveys, with the exception of fees paid to experts and interpreters.
When a person has been admitted, pursuant to article 1, to the benefit of legal aid in a Contracting State on the occasion of a procedure leading to a decision, it has, without further review of legal aid in any other Contracting State where she seeks the recognition or enforcement of that decision.

Chapter II surety judicatum solvi and exequatur of sentences costs art. 14. no deposit and no deposit, under any name whatsoever, cannot be required because of their only quality foreign or their only flaw domicile or residence in the State where the action is brought, physical or legal, persons having their habitual residence in one of the Contracting States who are applicants or intervenors before the courts of another Contracting State.
The same rule applies to the payment that would be required of applicants or stakeholders to ensure court costs.

Art. 15. the convictions to the costs of the trial, pronounced in one of the Contracting States against any person provided the deposit, the deposit or payment by virtue either of the art. 14, either the law of the State where the action is brought, will be, at the request of the creditor, made free enforceable in any other Contracting State.

Art. 16. each Contracting State designates one or more transmitting authorities responsible for transmitting requests for exequatur covered by art. 15 to the competent central authority in the requested State.
Each Contracting State designates a central authority to receive requests and to take appropriate measures so that a final decision in this regard.
The Federal States and the States in which several legal systems are in force have the ability to designate several central authorities. In the event of incompetence of the seized central authority, it forwards the request to the competent central authority in the requested State.
Requests are sent without the intervention of any other authority. However, each Contracting State to the faculty to use for the same purpose the way diplomatic.
Unless the requested State has declared to oppose, the foregoing provisions do not obstacle that the request for enforcement is made directly by the creditor.

Art. 17. applications for enforcement must be accompanied by: a. a consistent part of the decision showing the names and qualities of the parties, as well as the device relating to fees shipping and costs; b. any document likely to prove that the decision cannot longer be appealed in the State of origin and that it is enforceable; c. a certified translation of these documents in the language of the requested State When they are not written in this language.


The competent authority of the requested State shall decide on applications for enforcement without hearing the parties. It merely check that the parts were produced. At the request of the applicant, it evaluates the amount of certification fees, translation and certification, which are equivalent to the costs and expenses of the trial. No legalization or similar formality may be imposed.
Parties do not have any other recourse against the decision by the competent authority that those who are open to them by the legislation of the requested State.

Chapter III Copies of acts and decisions of justice art. 18. in civil and commercial matters, the nationals of a Contracting State, as well as under the same conditions as nationals, persons having their habitual residence in a Contracting State, may be issued and, if necessary, to legalize copies or excerpts from public records or court decisions in State Contracting.

Chapter IV constraint by body and conduct art. 19. the constraint by body, either as a means of execution, either as simply precautionary measure, civil or commercial, will not, be applied to nationals of a Contracting State or persons who have their habitual residence in a Contracting State where it is not applicable to nationals of that State. Any fact which could be invoked by a citizen having habitual residence in that State for the removal of the constraint by body must produce the same effect for the benefit of a national of a Contracting State or a person having his habitual residence in a Contracting State, even if this occurred abroad.

Art. 20. when a witness or an expert, a national of a State Contracting or having its residence in a Contracting State, is cited by name by a tribunal or a party with the permission of a court to appear before the courts of another Contracting State, it can be prosecuted, detained or restricted any of his individual freedom on the territory of that State for convictions or facts prior to his entry into the territory of the requesting State.
The immunity provided for in the preceding paragraph commences seven days before the date fixed for the hearing of the witness or expert and ends when the witness or expert, having had an opportunity to leave the territory for seven consecutive days after the judicial authorities have informed him that his presence was required, will nevertheless remained in the territory or are returned voluntarily after leaving.

Chapter V provisions general art. 21 subject to the provisions of art. 22, no provision of this agreement will be interpreted as limiting the rights to material regulated by it that could be recognized by a person in accordance with the laws of a Contracting State or under any other agreement to which this State is or will be part.

Art. 22. the present Convention replaces, in relations between the States which have ratified it, the art. 17 to 24 of the Convention on civil procedure, signed at the Hague on 17 July 1905, or art. 17 to 26 of the Convention on the civil procedure signed at the Hague on 1 March 1954, for the States that are Parties to one or other of these Conventions, even if the reserve of the second paragraph of art. 28, let. c, is made.

[RS 12 249. 2009 7101 RO] SR 0.274.12 art. 23. additional agreements to the Conventions of 1905 and 1954, entered into by the Contracting States, are considered to be also applicable to this agreement, insofar as they are compatible with it, unless the States concerned agree otherwise.

Art. 24 Contracting State may, by declaration, make known the languages other than those provided for in art. 7 and 17 to be written or translated documents that will be addressed to its central authority.

Art. 25. any contractor who has several official languages and which cannot, for reasons of law internal, accept for the whole of its territory the documents referred to in art. 7 and 17 legal aid in one of these languages must make known by means of a declaration the language in which they must be written or translated for their presentation in parts of its territory that it has identified.

Art. 26. a Contracting State which includes two or more territorial units in which different legal systems apply to the matters governed by this Convention may, at the time of signature, ratification, acceptance, approval or accession, declare that this Convention will apply to all its territorial units or only to one or to several of them , and may at any time change this statement by a new declaration.
These declarations shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands and will expressly indicate the units local to which the Convention applies.

Art. 27. when a Contracting State has a system of Government under which Executive, judicial and legislative powers are shared between central authorities and of other authorities of that State, signature, ratification, acceptance or approval of the Convention or accession to it, or a declaration under art. 26, win no consequences on the internal division of powers in this State.

Art. 28. any Contracting State may, at the time of signature, ratification, acceptance, approval or accession reserve the right to exclude the application of article first to individuals who are not nationals of a Contracting State, but who have their habitual residence in a State contractor other than the one who has made the reservation or who had their habitual residence in the State which has made the reservation If there is no reciprocity between the State which has made the reservation and the State in which the legal aid applicant is a national.
Any Contracting State may, at the time of signature, ratification, acceptance, approval or accession, reserve the right to exclude: a. the use of the English, the french, or these two languages, as provided for in para. 2 of art. 7; (b) the application of the provisions of para. 2 of art. 13; c. the application of the provisions of chapter II; (d) the application of art. 20. when a State: e. will be excluded the use of the English and French languages by making the reservation provided for in the let. of the paragraph preceding, any other State affected by it may apply the same rule with respect to the State which has the reserve; f. has made the reservation provided to the let. b of the previous paragraph any other State may refuse to apply the al. 2 of art. 13 to nationals of the State which has the reserve, as well as to persons who have their habitual residence in that State; g. has made the reservation provided to the let. c of the paragraph preceding, any other State may refuse to apply the provisions of chapter II to nationals of the State which has the reserve, as well as to persons who have their habitual residence in that State.

No other reservation will be made.
Any Contracting State may at any time withdraw a reservation it has made. This withdrawal shall be notified to the Department of business foreign of the Kingdom of Netherlands. The effect of the reserve will stop the first day of the third calendar month after this notification.

Art. 29. any Contracting State will indicate to the Department of business foreign of the Kingdom of Netherlands, either at the time of the deposit of its instrument of ratification, acceptance, approval or accession, or later, authorities planned to the art. 3, 4 and 16.
It will notify, as appropriate, in the same conditions: a. the declarations referred to in art. 5, 9, 16, 24, 25, 26 and 33; b. any withdrawals and any modification of designations and above statements; (c) the withdrawal of any reservation.

Art. 30. the model forms annexed to this agreement may be amended by a decision of a Special Commission which will be invited all Contracting States and all Member States of the Hague Conference and which will be convened by the Secretary general of the Hague Conference. The proposal to amend the formulas must be paid to the order of the day which will be attached to the summons.
The amendments will be adopted by the Special Commission to the majority of the Contracting States present and participating in the vote. They will enter into force for all Contracting States the first day of the seventh month after the date on which the Secretary-General them will be communicated to all Contracting States.
During the period prescribed in the preceding paragraph, any Contracting State may notify in writing to the Department of business foreign of the Kingdom of Netherlands it intends to make a reservation to this amendment. The State making such a reservation will be processed, with respect to this amendment, as if he was not a party to this Convention until the reservation has been withdrawn.

Chapter VI provisions final art. 31. the Convention is open for signature by the States which were members of the Hague Conference on private international law at its fourteenth session, as well as non-invited to its developing Member States.

It will be ratified, accepted or approved and the instruments of ratification, acceptance or approval shall be deposited with the Department of business foreign of the Kingdom of Netherlands.

Art. 32. any other State may accede to the Convention.
The instrument of accession shall be deposited with the Department of business foreign of the Kingdom of Netherlands.
The accession shall have effect only in relations between the State joining and Contracting States that's have not raised objection against within twelve months after the receipt of the notification provided for in section 2 of art. 36. one such objection may also be raised by any Member State at the time of a ratification, acceptance or approval of the Convention, later joining. These objections shall be notified to the Department of business foreign of the Kingdom of Netherlands.

Art. 33. any State, at the time of signature, ratification, acceptance, approval or accession, may declare that the Convention will extend to all the territories that it represents internationally or to one or more of them. This declaration will take effect at the time it comes into force for that State.
This statement, as well as any subsequent extension, shall be notified to the Department of business foreign of the Kingdom of Netherlands.

Art. 34. the Convention will enter into force the first day of the third calendar month after the deposit of the third instrument of ratification, acceptance, approval or accession provided for in art. 31 and 32.
Then, the Convention will enter into force: 1. for each State ratifying, accepting, approving or acceding after the first day of the third calendar month after the deposit of its instrument of ratification, acceptance, approval or accession; 2. for territories or territorial units to which the Convention has been extended in accordance with art. 26 or 33, the first day of the third calendar month after the notification referred to in these articles.

Art. 35. the Convention will have a duration of five years from the date of its entry into force in accordance with art. 34, al. 1, even for States that ratify it later, accepted, or approved or which will have acceded.
The agreement will be renewed tacitly five years in five years unless denunciation.
The information will be, at least six months before the expiry of the period of five years, notified the Department of business foreign of the Kingdom of Netherlands. It may be limited to certain territories or territorial units to which the Convention applies.
The denunciation shall have effect only in the State that it will be notified. The Convention will remain in force for the other Contracting States.

Art. 36. the Department of business foreign of the Netherlands Kingdom will notify the Member States of the Conference, as well as to the States which have acceded in accordance with the provisions of art. 32: 1. signatures, ratifications, acceptances and approvals referred to in art. 31; 2. the accessions and objections to the accessions referred to in art. 32; 3. the date on which the Convention will enter into force in accordance with the provisions of art. 34; 4. the declarations referred to in art. 26 and 33; 5. reserves and the withdrawal of reservations provided for in art. 28 and 30; 6. communications notified pursuant to art. 29; 7. the denunciations referred to in art. 35. in faith of what, the undersigned, duly authorized, have signed this Convention.
Done at the Hague on 25 October 1980, in french and English, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Kingdom of Netherlands, and of which a certified copy shall be given, through diplomatic channels, to each of the Member States of the Hague Conference of private international at its fourteenth session as well as all other State who participated in the development of this agreement during this Session.
(Follow signatures)

Annex to the convention formula of transmission of the request for judicial assistance Convention to facilitate international access to justice, signed at the Hague on 25 October 1980, identity and the transmitting address the Central receiving authority the undersigned transmitting honour to send attached to the central authority receiving the request for judicial assistance and its annex (declaration on the economic situation of the applicant) , to the effects of chapter I of the above-mentioned Convention.
Any comments pertaining to demand and the declaration: other comments: fact to, the Signature and/or stamp State April 23, 2015 formula attached to the request for judicial assistance Convention convention to facilitate international access to justice, signed in the Hague, 25 October 1980 1 name and address of the applicant for assistance judiciaire2 jurisdiction where the dispute was or should be introduced (if known) 3A) subject (s) of the dispute ((: amount of the litigation, if any b) if any, enumeration of the exhibits relating to the introduced dispute or envisagec) name and address of the opposing party 4 all times or dates related to the resulting dispute of legal consequences for the applicant, justifying a particular urgency in the treatment of the request5 any other useful information 6 in, 7 Signature of the applicant scratching does not apply.

(State April 23, 2015 annex to the request for judicial assistance statement on the economic situation of the applicant I. Personal Situation 8 name (maiden name, if it is necessary) 9 name (s) 10 date and place of naissance11 nationalite12 (a) habitual residence (the start date of the residence) b) previous habitual residence (date of the beginning and the end of the residence) 13 civil status (single (, spouse, widower (widow), divorced, separated) 14 and last name (s) of the conjoint15 names and date of birth of the dependent children of the person concerned (e) 16 other dependants of the person concerned (e) 17 further information on the family situation II. Financial situation 18 activity professionnelle19 name and address of the employer or place of exercise of professional activity 20 income (e) of the spouse of dependants of the interested (e) a) treatments, salaries (including fringe benefits) b) retirement pensions, pensions disability, alimony, pensions, annuities c) unemployment benefits d) income from self-employment occupations e) income of the values and capital f) back land and real estate g) other sources of income 21 real estate (mention value (s) and) load (s)) 22 other assets (securities, investments, receivables, bank accounts, goodwill, etc.)

23 debts and other financial charges of the interested (e) of the spouse of the dependants of the person concerned (e) a) ready (mention nature, remaining amount and annual/monthly repayments) b) support obligations (mention monthly amounts) c) rents (including costs of heating, electricity, gas and water)) d other periodic charges 24 tax income and contributions to social security in the year precedente25 observations of the interested (e) 26 as appropriate , list of documents to the appui27 I undersigned, informed (e) of the criminal consequences of a false declaration, certify on honor that this statement is complete and accurate.

28 made on (date) at (place) 29 30 (signature of the person concerned (e)) State on 23 April 2015 scope of the convention on 23 April 2015 States parties Ratification, accession (A) Declaration of estate (S) entry into force 15 October 2007 Albania has January 1 2008 Belarus 18 December 1997-1 March 1998 Bosnia and Herzegovina 1 October 1993 S 6 March 1992 Brazil November 15 February 2011-1 Bulgaria 23 November 2012 A 1999 1 February 2000 Cyprus

July 27, 2000 October 1, 2000 Croatia April 23, 1993 S 8 October 1991 Spain February 8, 1988 1 May 1988 Estonia February 2, 1996 A may 1, 1996 Finland June 13, 1988 September 1, 1988 France 22 December 1982 1 May 1988 Kazakhstan 29 January 2014 A April 1, 2015 Latvia December 20, 1999 has 1 March 2000 Lithuania August 4, 2000 November 1, 2000 Luxembourg 6 February 2003 may 1, 2003 Macedonia 23 September 1993 S

September 8, 1991 24 February 2011 Malta has 1 May 2011 Montenegro 1 March 2007 S 3 June 2006 Netherlands 2 March 1992 1 June 1992 10 August 1992 Poland has November 1, 1992 Czech Republic 3 April 2001 July 1, 2001 21 August 2003 Romania has November 1, 2003 Serbia 26 April 2001 S 27 April 1992 Slovakia March 11, 2003 June 1, 2003 Slovenia June 8, 1992 S 25 June 1991 Sweden January 15, 1987 may 1, 1988

Switzerland October 28, 1994 January 1, 1995 * reservations and declarations.
Reservations and declarations, with the exception of Switzerland, are not published to the RO. Texts in french and English can be found at the address of the website of the Hague Conference: http://hcch.e-vision.nl/index_fr.php or obtained in the Direction of public international law (FDFA), the international treaties Section, 3003 Bern.

Reservations and declarations Switzerland 1. Ad art. 3 and 16

In accordance with art. 29, al. 1, the Switzerland designates the cantonal authorities listed below as central authorities to the senses of the art. 3 and 16 of the convention. Requests from foreign judicial assistance or for enforcement of sentences costs can also be directed to the Department federal justice and police in Bern, who will pass them on to the competent central authorities.
Insofar as legal assistance or the enforcement of sentences of the costs and expenses concern procedures that, by virtue of the rules on jurisdiction internal or internal succession of instances, must take place before the federal authorities, the federal Department of justice and police shall forward applications are related to federal authorities in the matter. If such requests are submitted to the cantonal authorities, they send them automatically to the Department federal justice and police.
2 Ad art. 4 and 16 in accordance with art. 29, al. 1, the Switzerland declares that the authorities designated under art. 3 will also support the tasks of the authorities who forwarded them to the senses of the art. 4, al. 1, and art. 16, al. 1 3. Ad art. 5 and 9 in accordance with art. 29, al. 2, the Switzerland declares, referring to the art. 5 and 9, the Swiss Central receiving authority also accepts queries that are transmitted directly by mail or by a diplomatic or consular representation.
4 Ad art. 7, al. 2, 24 and 25 in accordance with the art. 28 and 29, the Switzerland declares, referring to the art. 7, 24 and 25, that the request for judicial assistance and its annexes must be written in the language of the requested authority, that is to say in German, French or Italian, or accompanied by a translation in one of these languages, depending on the region of Switzerland in which demand is to be enforced (see list of Swiss authorities below). Documents written in a language other than that of the authority required, or accompanied by a translation into another language, may also be refused where a translation in the language of the requested authority is that impractical in the requesting State.
5 Ad art. 17, al. 1, 24 and 25 in accordance with art. 29, the Switzerland declares that, in the case of the art. 17, al. 1, 24 and 25, the request for enforcement of sentencing to the costs and expenses and its annexes must be written in the language of the requested authority, that is to say in German, French or Italian, or accompanied by a translation into one of these languages, depending on the region of Switzerland in which demand must be performed (see list of Swiss authorities below).
List of Swiss authorities (a) cantonal authorities an up-to-date list of cantonal authorities with their contact information can be found online at the following address: www.rhf.admin.ch/rhf/fr/home/zivil/behoerden/zentral.html to determine the competent central authority at the place, can be consulted online database of localities and Swiss courts at the following address (: www.elorge.admin.ch b) authorities federal federal Department of justice and police, federal, federal Office of justice, 3003 Bern RO 1994 2835, 1995 962; FF 1993 III 1185 art. 3 al. 1 of 9 June 1994 (RO 1994 2807) af RO 1995 962, 2002 2822, 2005 1143, 2009 3641, 2015-1289. A version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).
Art. 3 al. 3 af of 9 June 1994 (RO 1994 2807) State on 23 April 2015

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