Rs 0.274.131 Convention Of 15 November 1965 On The Meaning And Notification Abroad Of Judicial And Extrajudicial Documents In Civil And Commercial Matters (With Annex)

Original Language Title: RS 0.274.131 Convention du 15 novembre 1965 relative à la signification et la notification à l’étranger des actes judiciaires et extrajudiciaires en matière civile ou commerciale (avec annexe)

Read the untranslated law here: https://www.admin.ch/opc/fr/classified-compilation/19650222/index.html

0.274.131 original text Convention on the service abroad of judicial and extrajudicial in civil and commercial matters acts concluded at the Hague on 15 November 1965 approved by the Federal Assembly on 9 June 1994, Instrument of ratification deposited by the Switzerland on 2 November 1994 entry into force for the Switzerland on 1 January 1995 (State on February 20, 2014) States signatories to this Convention wishing to create the appropriate means for the judicial and extrajudicial acts that must be served or notified abroad are known to their recipients in time useful, in order to improve mutual legal assistance by simplifying and speeding up the procedure for this purpose, have resolved to conclude a Convention to these effects and have agreed on the following provisions: art. 1. the present Convention is applicable, civil or commercial, in all cases where a judicial or extrajudicial Act must be sent abroad to be served.
The Convention does not apply where the address of the addressee is not known.

Chapter I acts Court art. 2. each Contracting State designates a central authority which assumes, in accordance with the art. 3 to 6, load to receive requests for notification from another Contracting State and follow-up.
The central authority is organized according to the rules of the requested State.

Art. 3. the authority or the officer competent under the laws of the State of origin to the central authority of the requested State a request in accordance with the model form annexed to the present Convention, without having need of legalization of parts or an other equivalent formality.
The request must be accompanied by the legal act or its copy, the everything in duplicate.

Art. 4. If the Central Authority considers that the provisions of the Convention have not been met, it shall immediately inform the applicant stating the grievances articulated against the application.

Art. 5 the central authority in the requested State proceeds or proceeded to the meaning or the notification of the Act: a) according to the forms prescribed by the law of the State addressed for the service or the service of documents drawn up in that country and which are intended for persons located in its territory; or b) according to the particular form requested by the applicant, or provided that it is not incompatible with the law of the requested State.

Except as provided in para. 1, let. (b), the Act can still be delivered to the addressee who accepts it voluntarily.
If the document has to be served or notified in accordance with para. 1, the central authority can request that the Act be drafted or translated into the language or one of the official languages of his country.
The part of the application in accordance with the model form annexed to the present Convention, which contains the essential elements of the Act, is provided to the recipient.

Art. 6. the central authority in the requested State or any authority he will be designated to that end establishes a certificate in accordance with the model form annexed to this Convention.
The certificate describes the execution of the request; It indicates the shape, the place and date of execution as well as the person to whom the Act was released. If so, it states the fact which would have prevented the execution.
The applicant may request that the certificate that is not established by the central authority or by a judicial authority is covered by one of these authorities.
The certificate is sent directly to the applicant.

Art. 7. the information printed in the model form annexed to this Convention are necessarily written either in French or in English. In addition, they may be written in the language or one of the official languages of the State of origin.
White corresponding to these mentions are filled either in the language of the requested State, either in French or in English.

Art. 8. each Contracting State has the right to proceed directly, without constraint, by care of its diplomatic or consular agents, meanings or notifications of judicial documents to persons abroad.
Any State may oppose the use of this option in its territory, except when the Act to be served on a national of the State of origin.

Art. 9. each Contracting State has, in addition, the faculty to use the consular way to transmit judicial acts to the authorities of another Contracting that this State for the purpose of notification, has referred to.
If exceptional circumstances so require, each Contracting State has the right to use diplomatic channels for the same purpose.

Art. 10. this Convention does not preclude, unless the destination state oppose: a) to the faculty to address directly, through mail, of judicial documents to persons abroad, b) to the faculty, for legal and judicial officers, officials or other persons competent in the State of origin, to make any meanings or notifications of judicial documents directly by departmental officers care (, officials or other persons competent in the State of destination, c) to the faculty, for anyone interested in a court proceeding, to make any meanings or notifications of judicial documents directly through the judicial officers, officials or other competent persons of the State of destination.

Art. 11. the present Convention does not oppose that Contracting States agree to admit, for the purposes of notification of judicial acts, other channels of transmission than those provided for by articles that precedent and including direct communication between their respective authorities.

Art. 12. the meanings or notifications of judicial documents coming from a Contracting State cannot give rise to the payment or reimbursement of taxes or costs for the services of the requested State.
The applicant is required to pay or reimburse the costs occasioned by: a) the intervention of a ministerial officer or of a person competent under the law of the State of destination, b) employment of a particular form.

Art. 13. execution of a request for service of notification in conformity with the provisions of this Convention may be refused only if the requested State considers that this execution is likely to undermine its sovereignty or security.
Execution may not be refused on the sole ground that the law of the requested State claims exclusive jurisdiction in the present case or knows no legal process responding to the subject of the request.
In case of refusal, the central authority shall immediately inform the applicant and shall give the reasons.

Art. 14. the difficulties which would rise on the occasion of the transmission, for the purpose of service or notification of judicial acts will be resolved through diplomatic channels.

Art. 15 when an originating process or an equivalent Act had to be sent abroad for the purpose of service or notification, according to the provisions of this Convention, and that the defendant fails, the judge shall stay the proceedings so long as it is not established: has) or that the Act has been served or notified according to the forms prescribed by the law of the requested State to the meaning or the service of documents drawn up in This country and which are intended for persons located in its territory, b) Although the Act was actually handed to the defendant or to his residence according to any other method provided by this agreement, and that, in each of these eventualities, either the meaning or the notification, either delivery took place in good time so that the defendant could defend themselves.
Each Contracting State has the right to declare that its judges, notwithstanding the provisions of paragraph first, can decide if the following conditions are met, although no certificate noting either the meaning or the notification or delivery has been received: a) the Act was passed according to one of the methods provided by this agreement, b) a period that the judge will enjoy in each particular case, and will provide at least six months (, has elapsed since the date of the Act, c) Notwithstanding all useful steps with competent authorities of the requested State, no certificate could be obtained.

This article does not obstacle that in an emergency, the judge ordered all interim measures.

Art. 16 when an originating process or an equivalent Act had to be sent abroad for the purpose of service or notification, according to the provisions of this Convention, and that a decision has been made against a defendant who has not appeared, the judge has the power to raise this defendant of the foreclosure resulting from the expiry of the periods allowed for appeals ((if the following conditions are met: a) the defendant, without there was fault on his part, did not have timely knowledge that Act to defend itself and of the decision to appeal, b) the means of the defendant appear not devoid of all Foundation.


The request for relief is inadmissible if it is not filed within a reasonable time from the moment where the defendant had knowledge of the decision.
Each Contracting State has the right to declare that this claim is inadmissible if it is filed after the expiry of a period it will specify in its statement, provided that this period is not less than one year after delivery of the decision.
This section does not apply to decisions regarding the State of the people.

Chapter II acts extrajudicial art. 17 extrajudicial documents emanating from the authorities and judicial officers of a Contracting State may be sent for the purpose of service or notification in another Contracting State according to the methods and conditions provided for by this Convention.

Chapter III provisions general art. 18. any Contracting State may designate, in addition to the central authority, other authorities which it determines the skills.
However, the applicant still has the right to apply directly to the central authority.
The Federal States have the faculty to appoint several central authorities.

Art. 19. the present Convention is not opposed to what the internal law of a Contracting State allows other forms of transmission not provided for in the preceding articles, for the purpose of notification, on its territory, acts from abroad.

Art. 20 this Convention does not oppose that Contracting States agree to depart: has) art. 3, al. 2, with regard to the requirement of the duplicate transmitted parts; b) art. 5, al. 3, and art. 7, regarding the use of languages; c) art. 5, al. 4; d) art. 12, al. 2 art. (21. each Contracting State shall notify the Ministry of Foreign Affairs of the Netherlands, either at the time of the deposit of its instrument of ratification or accession, that is later: has) the designation of the authorities provided for in art. 2 and 18, b) the designation of the authority competent to establish the attestation provided for in art. 6, c) the designation of the authority competent to receive documents transmitted by the consular way according to art. 9. he shall notify, as appropriate, in the same conditions: has) its opposition to the use of the channels of transmission for the art. 8 and 10, b) the declarations provided for in art. 15, al. 2, and 16, al. 3, c) any modification of the designations, opposition and above statements.

Art. 22. the present Convention will replace in the relationship between the States which have ratified it, the art. 1 to 7 of the Conventions on civil procedure respectively signed in the Hague on July 17, 1905 and March 1, 1954, to the extent where those States are Parties to one or other of these Conventions.

[RS 12 249. 2009 7101 RO] SR 0.274.12 art. 23. this Convention does not affect the application of art. 23 of the Convention on civil procedure signed at the Hague on 17 July 1905, nor art. 24 of one signed in the Hague on 1 March 1954.
However, these articles are applicable only if it is made use of modes of communication, identical to those provided for in the Conventions.

Art. 24. the agreements, additional such Conventions of 1905 and 1954, entered into by the Contracting States, are considered also applicable to this agreement, unless the States concerned agree otherwise.

Art. 25. without prejudice to the application of art. 22 and 24, the Convention is no exception to the Conventions to which the Contracting States are or will be Parties and which contain provisions on the matters dealt with by the present Convention.

Art. 26. the present Convention is open for signature by the States represented at the tenth session of the Hague Conference on private international law.
It will be ratified and the instruments of ratification shall be deposited with the Ministry of Foreign Affairs of Netherlands.

Art. 27. the present Convention will be implemented the sixtieth day after the deposit of the third instrument of ratification under art. 26, al. 2. the Convention will enter into force for each State party ratifying subsequently, the sixtieth day after the deposit of its instrument of ratification.

Art. 28. any State not represented at the tenth session of the Hague Conference on private international law may accede to the present Convention after its entry into force under art. 27, al. 1. the instrument of accession shall be deposited with the Ministry of Foreign Affairs of Netherlands.
The Convention enters into force for such a State that without opposition on the part of a State had ratified the Convention before this deposit, notified to the Ministry of Foreign Affairs of Netherlands within a period of six months from the date on which this Department will be notified this membership.
Without opposition, the Convention will enter into force for the State adhering to the first day of the month following the expiration of the last of the deadlines mentioned in the previous paragraph.

Art. 29. any State, at the time of signature, ratification or accession, may declare that this Convention will extend to all the territories that it represents internationally, or to one or more of them. This statement will be effective upon the entry into force of the Convention for that State.
Subsequently, any extension of this nature will be notified to the Ministry of Foreign Affairs of Netherlands.
The Convention will enter into force for the territories covered by the extension, the sixtieth day after the notification referred to in the preceding paragraph.

Art. 30. the present Convention will have a duration of five years from the date of its entry into force in accordance with art. 27, al. 1, even for States which have ratified it or acceded are later.
The agreement will be renewed tacitly five in five years unless denunciation.
The information will be, at least six months before the expiry of the five-year period, notified to the Ministry of Foreign Affairs of Netherlands.
It may be limited to some of the territories 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. 31. the Ministry of Foreign Affairs of Netherlands shall notify the States referred to in art. 26, as well as to the States which have acceded in accordance with the provisions of art. 28: a) signatures and ratifications referred to in art. 26; b) the date on which this Convention will enter into force in accordance with the provisions of art. 27, al. 1; c) the accessions referred to in art. 28 and the date on which they take effect; d) the extensions referred to in art. 29 and the date on which they take effect; e) the designations, opposition and statements referred to in art. 21; f) the denunciations referred to in art. 30, al. 3. in faith of what, the undersigned, duly authorized, have signed this Convention.
Done at the Hague on 15 November 1965, in french and English, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of Netherlands, and of which a certified copy shall be given, through diplomatic channels, to each of the States represented at the tenth session of the Hague Conference on private international law.
(Follow signatures)

Annex to the convention forms request and certificate request for the purpose of service or abroad of a judicial or extrajudicial document Convention on the meaning and the service abroad of documents judicial and extrajudicial in civil or commercial, signed at the Hague on 15 November 1965 identity and address of the applicant address of the recipient authority the applicant undersigned has the honour to send - in duplicate - the recipient authority the documents listed below the praying, in accordance with art. 5 of the Convention referred to above, to provide without delay a copy to the recipient, namely: (identity and address) a) according to the legal forms (art. 5, al. 1 let. a) .b) according to the particular form (art. 5, al. 1 let. b): c) as appropriate, by simple delivery (art. 5, para. 2).

This authority is requested to return or send to the applicant a copy of the Act - and its annexes - with the certificate on the back.
Enumeration of the parts fact to..., the...

Signature and/or stamp back of the application Attestation the undersigned authority has the honour to certify in accordance with art. 6 of the Convention, 1.

that the request has been executed - on (date) - (town, street, number) - in one of the following forms provided for in art. 5: a) according to the legal forms (art. 5, para. 1, let. a).

((b) according to the following special form: c) by simple delivery.

The documents mentioned in the request were given to: - (identity and quality of the person)-relationships, subordination or other, with the addressee of the Act: 2. that the request has not executed, due to the following facts: in accordance with art. 12, al. 2, of the said Convention, the applicant is requested to pay or reimburse the expenses detailed in the attached memory.
Annexes returned parts: where appropriate, supporting documents of execution: fact to..., the...


Signature and/or stamp items, signed at the Hague on 15 November 1965 essential Act Convention service and notification abroad of judicial and extrajudicial documents in civil or commercial (art. 5, para. 4) name and address of the requesting authority: identity of the parties: Act judicial Nature and purpose of the Act: Nature and purpose of the proceeding If any, the amount of the dispute: Date and place of the appearance: Court which made the decision: Date of decision: Indication of the time limits contained in the Act: act out-of-court Nature and purpose of the Act: Indication of the time limits contained in the Act: scratch does not apply.
Scratching does not apply.
If there is place, identity and address of the person interested in the transmission of the Act.
Scratching does not apply.

State on February 20, 2014 scope February 20, 2014 States parties Ratification, accession (A), Succession (S) entry into force Albania * November 1, 2006 July 1, 2007 Germany * April 27, 1979 June 26, 1979 Antigua and Barbuda * May 17, 1985 S 1 November 1981 Argentina * February 2, 2001 December 1, 2001 Armenia June 27, 2012 has 1 February 2013 Australia * March 15, 2010 November 1, 2010 Christmas Island August 12, 2010 November 1, 2010 Norfolk Island 12 August

2010 November 1, 2010 Islands Ashmore and Cartier August 12, 2010 November 1, 2010 Cocos Islands 12 August 2010 November 1, 2010 territory Antarctic Australian 12 August 2010 November 1, 2010 territory of the Heard Island and Mc Donald Islands August 12, 2010 November 1, 2010 the Coral Sea Islands Territory, on August 12, 2010 November 1, 2010 Bahamas * 17 June 1997 1 February 1998 Barbados * September 27, 1969 has 1 October 1969 Belarus * June 6

1997 to February 1, 1998 Belgium * November 19, 1970 January 18, 1971 Belize 8 September 2009 was 1 May 2010 Bosnia and Herzegovina * June 16, 2008 1 February 2009 Botswana * August 28, 1969 has 1 September 1969 Bulgaria * November 23, 1999 August 1, 2000 Canada * 10 April 1989 A 1 May 1989 China * may 6, 1991 1 January 1992 Hong Kong * 16 June 1997 1 July 1997 Macao * December 10, 1999 December 20, 1999 Cyprus * may 15

1983 1 June 1983 Colombia 10 April 2013 has November 1, 2013 (South) Korea * January 13, 2000 August 1, 2000 Croatia * February 28, 2006 November 1, 2006 Denmark * August 2, 1969 1 October 1969 Egypt * December 12, 1968 February 10, 1969 Spain * * June 4, 1987 Estonia August 3, 1987 * February 2, 1996 October 1, 1996 United States * August 24, 1967 February 10, 1969 Commonwealth of the Northern Mariana Islands, on March 31, 1994 May 30, 1994 Finland * 11 September 1969 November 10, 1969 France * 3 July 1972 1 September 1972 Greece * July 20, 1983 18 September 1983 Hungary * July 13, 2004 April 1, 2005 India * November 23, 2006 August 1, 2007 Ireland * April 5, 1994 4 June 1994 Iceland * November 10, 2008 1 July 2009 Israel * August 14, 1972 Italy October 13, 1972 * November 25, 1981 24 January 1982 Japan * may 28, 1970 27 July 1970 Kuwait * may 8, 2002 December 1, 2002 Latvia *.

March 28, 1995 has 1 November 1995 Lithuania * August 2, 2000 1 June 2001 Luxembourg * 9 July 1975 7 September 1975 Macedonia * December 23, 2008 to September 1, 2009 Malawi 25 November 1972 has 1 December 1972 Malta * February 24, 2011 A Morocco * March 24, 2011 November 1, 2011 Mexico * may 30, 2000 June 1, 2000 Moldova * July 4, 2012 February 1, 2013 Monaco * March 1, 2007 1 November 2007 Montenegro * January 16, 2012 has

Norway 1 September 2012 * August 2, 1969 1 October 1969 Pakistan * July 6, 1989 1 August 1989 Netherlands * November 3, 1975 2 January 1976 Aruba * 28 May 1986 27 July 1986 Poland * February 13, 1996 has 1 September 1996 Portugal * December 27, 1973 February 25, 1974 Czech Republic * 28 January 1993 S January 1, 1993 Romania * August 21, 2003 1 April 2004 United Kingdom * November 17, 1967 February 10, 1969 Jersey , Guernsey, Isle of Man, Bermuda, British Virgin Islands, Cayman Islands, Falkland Islands, Gibraltar, Montserrat, Pitcairn Islands, St. Helena, Turks and Caicos 20 May 1970 19 July Anguilla 30 July 1970 1982 28 September 1982 Russia * may 1, 2001 December 1, 2001 San Marino * 15 April 2002 was November 1, 2002 in Saint Vincent and the Grenadines * 6 January 2005 S October 27, 1979 Serbia * July 2, 2010 February 1, 2011 Seychelles * 18 June 1981 has 1 July 1981 Slovakia * 26 April 1993 S

1 January 1993 Slovenia * September 18, 2000 June 1, 2001 Sri Lanka * August 30, 2000 1 June 2001 Sweden * August 2, 1969 1 October 1969 Switzerland * November 2, 1994 1 January 1995 Turkey * 28 February 1972 28 April 1972 Ukraine * February 1, 2001 December 1, 2001 Venezuela * October 29, 1993 was July 1, 1994 * reservations and declarations.

* Objection.

Reservations, declarations and objections, 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.

Until June 30, 1997, the convention was applicable to Hong Kong on the basis of a declaration of territorial expansion of the United Kingdom. Starting from July 1, 1997, Hong Kong became a special administrative Region (SAR) of the People's Republic of China. Under the Chinese statement on Dec. 19. 1984, the agreements that were applicable to Hong Kong before its handover to the People's Republic of China continue to apply to the SAR.

Feb 11. 1999 to Dec. 19. 1999, the convention was applicable in Macao on the basis of a declaration of territorial extension of the Portugal. From Dec. 20. 1999, Macao became a special administrative Region (SAR) of the People's Republic of China. Under the Chinese Bill of 13 April 1987, the convention is also applicable to the Macao SAR from 20 dec. 1999. the 1 August 2012 Malta stated that its accession to the Convention will be effective only after the completion of the procedures for such membership in the EU and, in particular, the adoption of a decision of the Council authorising Malta to accede to the Convention. When this decision is adopted, Malta shall notify to the depositary the date on which the said Convention apply to Malta.

Reservations and declarations Switzerland 1. Ad art. 1 referring to art. 1, the Switzerland considers that the convention applies exclusively between the Contracting States. It considers in particular that acts which the actual recipient is domiciled abroad cannot be notified, or served on a legal entity not authorized to receive them in the country where they have been trained especially to the art. 1 and 15, al. 1, let. b, of the convention.
2 Ad art. 2 and 18 in accordance with art. 21, al. 1, let. a, the Switzerland designates the cantonal authorities listed below as central authorities to the senses of the art. 2 and 18 of the convention. Applications for meaning or of documents may also be directed to the Department federal justice and police in Bern, who will pass them on to the competent central authorities.
3 Ad art. 5, al. 3. the Switzerland says that when the recipient does not voluntarily accept delivery of the Act, it may be served formally, in accordance with art. 5, al. 1, as if it is 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 the Act must be served or notified (see list of Swiss authorities below).
4 Ad art. 6. for the establishment of the certificate provided for in art. 6, Switzerland, in accordance with art. 21, al. 1, let. b, designates the competent cantonal court or cantonal authority.
5 Ad art. 8 and 10 in accordance with art. 21, al. 2, letter a, the Switzerland says oppose the use, on its territory, channels of transmission provided for in art. 8 and 10.
6 Ad art. 9 in accordance with art. 21, al. 1, let. c, the Switzerland means the Central cantonal authorities as competent authorities to receive the acts passed by the consular way according to art. 9 of the convention.

List of Swiss) a central 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 b) authorities Federal Department of Justice and Police, FEDERAL, federal Office of justice, 3003 Bern RO 1994 2809, 1995 934; FF 1993 III 1185 art. 1 al. 1 of 9 June 1994 (RO 1994 2807) af RO 1995 934, 2003 733, 2006 2117, 2009 3639, 2011 2291, 2014 397, 581. A version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).
Art. 1 al. 3 af of 9 June 1994 (RO 1994 2807) list has been adapted in application of art. 16 al. 3 o from 17 nov. 2004 on official publications (RS 170.512.1).

State on February 20, 2014