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Law No. 4559 Date of Admission: 04/04/2000
Article 1 - which was signed in Ankara on February 10, 1999 "The Republic of Croatia and the Republic of Turkey between civil and commercial matters Judicial Cooperation Agreement" has been used in the validation of. Article 2 - This Law shall enter into force on the date of publication. Article 3 - This Law shall be enforced by the Council of Ministers.
REPUBLIC OF TURKEY
REPUBLIC OF CROATIA
LEGAL AND COMMERCIAL MATTERS
The Republic of Turkey and the Republic of Croatia
to strengthen the bonds of friendship between the two countries and mutual judicial assistance in civil and commercial matters of sovereignty, the national independence, equality of rights and to organize on the basis of the principle of non-interference in internal affairs desire
in civil and commercial matters, they decided to conclude an agreement on mutual legal assistance and remained for that purpose agreed upon the following matters:
1. Nationals of one Contracting Party in respect of legal and legislative protection of the rights and interests of other countries will have the same rights as nationals of that State.
2. Nationals of one Contracting Party, the other Contracting Party in the territory, rights in civil and commercial matters and interests of the monitoring and protection of the courts and other competent authorities, the same conditions that apply to the Contracting Parties to the citizens, and will have a free right of recourse with formalities.
3. The principal place of business in one Contracting Party and established in accordance with the legislation of that party entities if it is contrary to public order, will be entitled to benefit from the provisions of this Agreement.
1. The Contracting Parties shall designate the Central Authority in order to fulfill the demands of judicial cooperation in accordance with this Agreement.
2. The Central Authority of the Republic of Turkey by the Ministry of Justice. The Republic of Croatia was adopted by the Central Authority Department of Justice.
3. The provisions of the above-mentioned paragraphs of this article, does not preclude the communication of the diplomatic or consular channels.
1 other than those specified in Article 11 of this Agreement, the request for judicial assistance, and it made the English language or the parties to request the documents attached certified translations will be added.
2. Mutual Legal Assistance in demand for rogatory and their attachments, requesting to be written in the language of the Contracting Party and the Contracting Parties in the current language or in English certified translations will be added on demand.
3. documents related to the fulfillment of the demand for legal aid made by the Contracting Parties will be held in the language requested.
Ministry of Justice of the Contracting Parties upon request, shall provide each other mutual knowledge of laws and practices in the country in relation to the legal issues that were the subject of this Agreement.
Legal assistance in civil and commercial matters Article 5
1. The competent authorities of the Contracting Parties undertake to provide mutual judicial assistance in civil and commercial matters
2. Mutual legal assistance, especially the transmission of documents by the parties, the rest of the examination of witnesses and experts, covers the enforcement of the procedural decision on such discoveries.
1. A request for legal assistance shall contain the following matters:
a) the name of the current authorities on request;
b) The nature of the claimed process related events;
c) The names of the parties, permanent and temporary addresses
(Residence or sit in their places), nationalities and professions; d) The names and surnames of the parties and their representatives;
e) the subject of the request and the information necessary for enforcement.
2. A request for legal assistance and documents attached thereto must bear the official seal of authority to be signed and demand.
1. Where the requesting authorities, during the fulfillment of the request for judicial assistance, apply the provisions of their laws. However, at the request of the requesting authority may apply the procedural provisions of the other Contracting Party provided that the Contracting Party is not contrary to the law of demand.
2. If the competent authority of the request for judicial assistance in the fulfillment of order, this claim transmit to the competent authorities and inform the authorities in that request.
3. The requested authority made transmits documents to the requesting authority after execution of a request for judicial assistance or fail to fulfill the request, notify the reasons for it. Article 8
1. Notification demand to be exact address of the addressee documents and papers must be specified. 2. If the documents can not be served to the address specified in the request notification shall take necessary measures to identify the exact address of the addressee of the requested authority. In case of impossibility of detecting this address, the current requested authority, provide information and documents to the requesting authority shall return to this position. 3. In accordance with the request made by the parties of the law received notification is issued. Notification received notification shall contain the date and place.
4. Requested Party shall bear all costs incurred due to legal assistance in its own territory and will not require the payment of these charges.
the fulfillment of the request for legal assistance, the requested Party has sovereignty, may be refused if the harm to the security or public order. However, the reasons for rejection shall be notified in writing to the other Contracting Party.
1. Which nationality that matter an invitation on the requesting Party to the judicial authorities in front of the witness or expert, the requesting country of the Contracting Party, that Contracting Party in respect of an offense committed before the entry into countries such as not or can not be arrested for prosecution previously procure owned a judgment due also punished.
2. A witness or expert, no longer a matter of presence is not required by the authority issuing the call within 15 days of the date on which they are notified, if the requesting Party to leave the country will end this impunity. as long as a witness or expert in the demand for reasons other than the Contracting Parties will leave the country, it will be excluded from the period prescribed in this paragraph. 3. These people are not prosecuted because of witness or expert or tutuklanamaz cost.
4 authorities be invited as an expert witness or the person making the request to be paid and expenses in the apartment resident expert of the road and conditions provided for in its legislation, it shall notify the expert fees shall be paid in respect of that. The person at the request of the path and residence authorities paid an advance to cover the expenses mentioned. CHAPTER 2
Contracting Parties of one court or other competent authority of the request, the other Party is a party to the requesting citizen of the circumstances of şahsiye to müteda the documents, personal work and interests will send other documents by the tercümesiz and free about.
1 have been issued by the competent authorities of the country of one Contracting Party, issued or approved and certified copies of these documents bearing the official seal will be effective without being subject to legalization in the territory of the other Contracting Party.
2. Documents issued by official authorities of one Contracting Party, the official document issued in the territory of the other Party have the same force of proof.
RESERVE FUND GUARANTEE from (SOLVI judicata) and
Exemption from TRIAL COSTS
1. Nationals of one Contracting Party or any other party in the country only to their foreign residence or domicile of the fund due to the absence of collateral (Jidicat I Solvi) is not obliged to give. Matters referred to in paragraph 2 of this Article shall also apply to legal persons.
1. Nationals of one Contracting Party, the other Party before the courts to be exempt from the same rules and criteria to judge such fees and expenses of the citizens of the Contracting Parties and benefit from free legal aid.
2. In this case, including legal assistance and legal aid enforcement procedures are applied to all transactions.
3. Contracting fees in accordance with the legal provisions of one of the parties and the citizens who benefit from being exempt from charges in the same case with the procedural actions in the territory of the other Party could therefore benefit from this exemption. Article 15
Article 14 1. To benefit from the provision of necessary personal, family, and who apply to assets müteda document cases where the place of residence or domicile of the Contracting Parties shall be provided by the competent authorities.
2. If the Contracting Parties who applied in one or the other is no domicile or residence of a diplomatic mission or consulate of the country concerned can provide the document itself.
3. The trial will decide on the request for exemption from fees and charges judicial authorities following the procedure set forth in paragraph 2 of Article 3 of this Agreement, it may request complementary information from the authority which has issued this document.
If one of the courts of the Contracting Parties of a person in the territory of residence or domicile of the other Contracting Party if it detects a time for the completion of certain procedural formalities, that period starts to run from the date of notification of the document is addressed.
in civil and commercial matters
RECOGNITION AND EXECUTION OF RESOLUTIONS
1. Any Contracting Party to the following decisions of other countries, given the Contracting Parties to recognize under the terms provided for in this Agreement and shall enforcement.
a) Legal and other decisions of the competent authorities with judicial decisions concerning legal issues related to commercial matters;
b) As regards the compensation given decisions in criminal matters;
2. nature of the final judicial decisions in civil and commercial matters issued after the entry into force of this Agreement, is considered decisions. Above under paragraph 1 (a) but the decisions referred to in subparagraph of legal relations concerning them will be taken into account if they are born after the entry into force of this Agreement. Article 18
Article 17 of this Agreement, the decisions referred to in Article territory of the other Contracting Party shall be recognized if they meet the following requirements and enforcement:
a) decision, given that according to the law in the territory of the Contracting Parties have finalized and should be able to be exercised;
b) the decision given by the law of the Contracting Parties, in accordance with the procedure by the losing side of the case should have been invited to the court.
c) it has not been deprived of the right side of the case and the defense's claims should be duly found to have been invited to the court and to assert their claims and to be represented by defense must be given the opportunity to impossibilities.
d) The decision is requested recognition and enforcement in the territory of the Contracting Parties under the same procedural and between the same parties, it should not be given before a court finalized.
e) Decision of the recognition and enforcement of the same party claimed that opened the Contracting Parties to the judiciary, the same cause and must not be the case based on the same subject.
f) The decision by the recognition and enforcement of public order requested by the Contracting Parties must comply with the fundamental principles of the legal order.
1. requests for the recognition and enforcement of judgments will be made directly to the competent court in the jurisdiction request the following documents.
2. Request the following documents shall be added:
a) the decision is finalized, the enforcement powers that possess a copy of a document proving the fidelity has been approved;
b) the party against whom the award received and duly participate in the proceedings he had been invited by the appropriate court and defend himself before the court when there is no credible possibility that proper representation when a document proving;
c) of this Article, the above-mentioned (a) and (b) the documents referred to in paragraphs recognition and enforcement in the language of the Contracting Party that made the request or a certified English translation.
1. The recognition and enforcement of decisions müteda The procedure for recognition and enforcement of âkittaraf claimed that the law is applied.
2. The implementation of this Agreement, the authorities claimed that the recognition and enforcement, is connected with the merits of the case shall review not only the fulfillment of the conditions set forth in this Agreement.
Of this Agreement, the provisions relating to the recognition and enforcement of decisions, the Contracting Parties shall, without prejudice to the judicial process of the execution as a result of domestic legislation relating to the transfer of money and goods to a foreign country.
problems may arise with regard to the implementation of this Agreement shall be settled through diplomatic channels. Article 23
1. This Agreement shall be ratified and Certifications will be exchanged in Zagreb.
2. Approvals of this Agreement shall enter into force thirty days after the exchange.
1. This Agreement shall remain in force indefinitely. However, each Contracting Party may terminate the Agreement upon notice to the other Contracting Party at any time.
2. Denunciation other State from taking such a notification shall take effect six months later.
3. The evidence of these terms, the authorized representative of the Contracting Parties have signed the agreement and they have applied the seal.
This Agreement, the tenth day of February 1999 in Ankara, Turkish, Croatian and English languages, and are arranged in two copies each of the main text. In case of different interpretation of the texts, the English text shall prevail.
ON BEHALF OF THE REPUBLIC OF TURKEY ON BEHALF OF THE REPUBLIC OF CROATIA Prof. Dr. Selcuk ÖZTEKİN Foreign Minister Mate Granic Minister of Justice
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