Communication from the Ministry of Foreign Affairs No. 1 / 1996 Coll.
Communication from the Ministry of Foreign Affairs on the Treaty on Legal Assistance in Civil Matters between the Czech Republic and Romania
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Effective from 02.01.1996
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1
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs announces that on 11 July 1994 the Treaty on Legal Assistance in Civil Matters between the Czech Republic and Romania was signed in Bucharest.
The Parliament of the Czech Republic gave its assent to the Treaty and the President of the Republic ratified it. The instruments of ratification were exchanged in Prague on 4 October 1995.
The Treaty entered into force on 2 January 1996 pursuant to Article 63 thereof. This date expired the Treaty between the Czechoslovak Republic and the Romanian People's Republic on Legal Assistance in Civil, Family and Criminal Matters of 25 October 1958, published under No 31 / 1959 Coll., as regards Legal Assistance in Civil and Family Matters.
The Czech version of the Treaty is hereby published at the same time.
TREATY
on legal assistance in civil matters between the Czech Republic and Romania
The Czech Republic and Romania, hereinafter referred to as the "Contracting Parties," with the wish to improve cooperation in the field of legal assistance, have agreed to conclude this Treaty on legal assistance in civil matters.
To this end, they have agreed as follows:
GENERAL PROVISIONS
Definition of terms
1. For the purposes of this Treaty:
(a) civil matters concerning civil, family, commercial, labour and administrative matters pending by the courts;
(b) judicial authorities in the Czech Republic, courts and prosecutors and other bodies competent in civil matters;
(c) judicial authorities in Romania, courts, prosecutors, state notaries and other bodies competent in civil matters.
2. State citizens of one Contracting Party are persons who are nationals of that Contracting Party under its laws.
3. The provisions of this Treaty on national citizens of the Contracting Parties shall apply mutatis mutandis to legal persons established under the laws of the Contracting Party in whose territory such legal persons have their registered office.
Legal protection
1. National citizens of one Contracting Party shall enjoy the same legal protection of personal and property rights as their own nationals in the territory of the other Contracting Party.
2. The national citizens of one Contracting Party shall have the right to contact the judicial authorities of the other Contracting Party, under whose jurisdiction civil matters lie, to defend their interests and to submit applications, to initiate proceedings and to appeal under the same conditions as the citizens of the other Contracting Party.
3. The judicial authorities of one Contracting Party shall, upon request, provide the national citizens of the other Contracting Party with information on how the representation required to protect their rights can be ensured.
Provision of legal assistance
The Contracting Parties shall, upon request, provide each other with legal assistance in civil matters in accordance with the conditions laid down in this Treaty.
Exemption from security for costs
State citizens of one Contracting Party who contact the judicial authorities of the other Contracting Party as plaintiffs or interveners if they are resident or resident in the territory of one of the Contracting Parties may not be required to lodge a security on the costs of proceedings or other guarantees on the grounds that they are foreigners or do not reside in the territory of that Party.
Payment of costs
State citizens of one of the Contracting Parties shall pay the costs of the proceedings in the territory of the other Contracting Party under the same conditions as its own national citizens.
Reduction and exemption from costs
1. State citizens of one of the Contracting Parties shall be granted a reduction or exemption from costs in the territory of the other Contracting Party, as well as free legal representation under the same conditions as their own nationals.
2. The benefits referred to in paragraph 1, provided by the judicial authority of one of the Contracting Parties in a particular case, shall apply to all procedural acts, including those of enforcement.
Conditions for obtaining benefits
Where a national citizen of a Contracting Party submits an application referred to in Article 6 of this Treaty, he shall, at the same time, submit a certificate of property and personal circumstances under the legislation in force in the territory of the Contracting Party where the applicants are resident or resident.
Request for benefits
1. Citizens of one Contracting Party who request the judicial authority of the other Contracting Party to grant the benefits referred to in Article 6 may lodge the application in writing with the competent judicial authority according to their place of residence or residence.
2. The judicial authority which has received an application pursuant to paragraph 1 shall forward it together with the certificate and any annexes thereto to the competent judicial authority of the other Contracting Party.
3. The judicial authority competent to decide on the application for benefits referred to in Article 6 may require additional data and information through the judicial authority of the other Party.
Method of contact
1. In matters of legal assistance, the judicial authorities of the two Contracting Parties shall meet through central bodies, unless otherwise provided for in this Treaty.
The central authorities referred to in paragraph 1 shall be the ministries of justice of the two Contracting Parties.
Language used
1. In implementing this Treaty, the central authorities of the two Contracting Parties, as referred to in Article 9 (2), shall use their national language or English. The same shall apply in relations between the judicial authorities of the Contracting Parties, unless otherwise provided for in this Treaty.
2. Requests for legal assistance and annexed documents shall be drawn up in the language of the requesting Contracting Party and shall be accompanied by a certified translation into the language of the requested Contracting Party.
3. The judicial authorities may use forms with a bilingual text (Czech-Romanian), jointly agreed by the Ministry of Justice, for applications for legal aid.
4. The processing of requests for legal assistance shall be carried out in the language of the requested Contracting Party.
Exchange of legislative information
The Contracting Parties shall, upon request, inform each other of the legislation in force or in force in their States and of their implementation in judicial practice.
Protection of witnesses and experts
1. A witness or expert, irrespective of his nationality, who, following a summons, shall appear before the judicial authority of the other Contracting Party, shall not be held in custody, prosecuted or in any way restricted to his personal freedom in the territory of that Party for acts which he has committed or on the basis of judgments rendered prior to crossing the national border of the requesting Contracting Party.
2. The protection referred to in paragraph 1 shall be lost by a witness or expert if he does not leave the territory of the requesting Contracting Party within 15 days of the date on which the judicial authority which called him informs him that his presence is no longer necessary or if he returns later. The period of time within which a witness or expert could not leave the country of that Contracting Party for reasons independent of his will shall not be counted.
Compensation of costs of witnesses or experts
1. The costs of travel or stay, as well as the reimbursement of revenue foregone in connection with the journey for the purpose of testifying or making an expert opinion, shall be borne by the requesting Contracting Party.
2. A connoisseur has the right to a connoisseur. The rights of the witness or expert shall be indicated in the summons. At the request of a witness or expert, the applicant Contracting Party shall pay him an advance in full or in part of the costs indicated.
Interview of persons in custody or in the execution of the sentence as witnesses
1. Where it is necessary for a person who is in custody or in the execution of a sentence in the territory of one Contracting Party to be heard as a witness by the judicial authority of the other Contracting Party, the central authorities referred to in Article 9 of this Treaty shall agree to transfer that person to the territory of the requesting Contracting Party and to be held in custody as well as to the date on which he is to be returned after questioning.
2. Transmission may be refused:
(a) if the person in custody or in the execution of the prison sentence does not agree with him,
(b) where its presence is necessary for criminal prosecution in the territory of the requested Contracting Party;
(c) if the transfer could prolong its detention or punishment,
(d) where there are other reasons which prevail over the reasons for its transmission to the territory of the requesting Contracting Party.
LEGAL AID
Scope of legal aid
Legal assistance in civil matters shall include the execution of procedural acts such as the drawing up, sending and service of judicial and extrajudicial documents, the questioning of participants, witnesses, experts and other persons, the carrying out of expert opinions, on-the-spot investigations and the detection of facts, the implementation of measures to ensure or maintain, the verification of written documents, the acquisition of copies, photocopies or extracts of documents.
Application for legal aid
1. Applications for legal aid shall contain the following information:
(a) an indication of the applicant judicial authority;
(b) the designation of the requested judicial authority;
(c) an indication of the case in which legal aid is sought;
(d) the name and surname of the parties, their status in the proceedings, their citizenship, their residence or residence and, in the case of legal persons, their name and registered office;
(e) the name, surname and address of any representatives of the parties;
(f) the subject matter of the request and the details needed to be dealt with;
(g) the list of documents attached to the request.
2. In the case of a request for service of documents, the address of the consignee and the type of documents to be delivered shall be indicated. The request for evidence shall include the circumstances in which the evidence is to be provided and, where appropriate, the questions to be asked to the persons to be heard.
3. Requests for legal aid and attached documents shall be stamped by the requesting judicial authority.
Form of the request
1. The request shall be executed by the requested judicial authority in accordance with the legal rules of its State. The requested judicial authority may, at the request of the requesting judicial authority, apply a specific procedure unless this is contrary to its legal order.
2. If the requested judicial authority is not competent to process the request, it shall send it to the competent authority and inform the requesting Contracting Party thereof.
3. At the request of the requesting judicial authority, the requested judicial authority shall inform it in due time of the place and date of execution of the legal aid operation so that the interested party can take part in the proceedings.
4. If the address of the person referred to in the application is unknown or it has been proven to be incorrect, the requested judicial authority shall take appropriate measures to detect it. Where the address cannot be ascertained, the requested judicial authority shall inform the requesting judicial authority accordingly.
5. Upon completion of the request, the requested judicial authority shall send the relevant documents to the requesting judicial authority. Where legal assistance cannot be granted, the requested judicial authority shall return the documents to the requesting judicial authority and inform it of the circumstances which prevented it from handling the request.
Service of documents
The requested judicial authority shall service the documents in accordance with the laws in force in its territory, provided that such documents are written in its language or have been accompanied by a certified translation into that language. Otherwise, the requested judicial authority shall deliver the documents to the addressee only if the addressee agrees to take them over.
Evidence of service of documents
The document of service of the documents shall be drawn up in accordance with the laws and regulations applicable in the territory of the requested Contracting Party. In any case, the signature of the addressee, the stamp of the judicial authority and the signature of the person empowered to transmit the document shall include the method, place and date of transmission. If the addressee refuses to take over the document, a note shall be made of the reason for the refusal.
Service of documents and questioning of their own national citizens
Each Contracting Party may transmit or service judicial and extrajudicial documents and interview its own nationals who are in the territory of the other Contracting Party, through diplomatic missions and consular posts, provided that they do not apply any enforcement measures.
Legal aid costs
1. The Contracting Parties shall bear all the costs incurred by providing legal assistance in their territory, including the costs of carrying out the evidence.
2. The requested judicial authority shall inform the requesting judicial authority of the amount of costs incurred. If the requesting judicial authority collects these costs from the person who is obliged to pay them, the amounts collected shall remain with the Contracting Party whose authority has selected them.
Refusal of legal aid
1. The processing of a request for legal aid may be refused if the requested Contracting Party considers that the execution of the request may be contrary to its legal order.
2. In addition to the grounds referred to in paragraph 1, the application may be refused if:
(a) the authenticity of the documents is not demonstrated;
(b) the execution of the request shall not fall within the jurisdiction of the courts of the requested Contracting Party.
OFFICIAL CHARGES
Certificate validity
1. The documents issued or verified by the competent authority of one Contracting Party shall be used in the territory of the other Contracting Party without further verification. The same applies to documents signed by a citizen certified under the legislation in force in the territory of the Contracting Party where the verification took place, as well as to copies and translations of documents.
2. The instruments referred to in paragraph 1 shall have the same powers of proof in the territory of the other Contracting Party as those of the other Contracting Party.
Sending personal documents
The competent authorities of the Contracting Parties shall, on request, send to the competent authorities of the other Contracting Party, free of charge, a personal status certificate, an extract from the register, as well as a certified copy of the decisions given by the judicial authorities in respect of the personal status, provided that those documents concern the citizens of the requesting Contracting Party and are requested in the official interest.
COLLECTION STANDARDS AND CORRECT STANDARDS
Provisions on personal status and family law
Legal capacity
1. The eligibility of a natural person for rights and legal acts shall be governed by the law of the Contracting Party whose national citizen is that person.
2. The eligibility of a legal person for rights and legal acts shall be governed by the law of the Contracting Party in whose territory he has his seat.
Marriage
1. The form of marriage shall be determined by the law of the Contracting Party in whose territory the marriage is concluded.
2. For marriages on a diplomatic mission or consular post, the form of marriage is given by the law of the sending Contracting Party.
3. As regards the basic conditions required for the conclusion of a marriage, each of the future spouses shall be governed by the law of the Contracting Party whose national citizen he is.
Personal and property relations of spouses
1. The personal and property relations of the spouses shall be governed by the law of the Contracting Party whose nationals they are.
2. Where one of the spouses is a State citizen of one Contracting Party and the other is a State citizen of the other Contracting Party, their personal and property relations shall be governed by the law of the Contracting Party in whose territory they reside.
3. Where, in the case referred to in paragraph 2, one of the spouses resides in the territory of one Contracting Party and the other in the territory of the other Contracting Party, their personal and property relations shall be governed by the law of the Contracting Party in whose territory they were last resident.
4. The jurisdiction to rule in the legal relations referred to in paragraphs 1, 2 and 3 shall lie with the judicial authority of the Contracting Party whose law governs such relations. In cases where the spouses have never shared a place of residence, the jurisdiction of the judicial authorities of the two Contracting Parties shall apply to the law of their State.
Distribution
1. If, in the event of divorce, the two spouses are nationals of one Contracting Party and reside on the day on which the application for divorce is lodged in the territory of the other Contracting Party, the substantive rights of the Contracting Party of which they are nationals shall be exercised. The courts of both Contracting Parties shall have jurisdiction to decide.
2. Where, on the day on which the application for divorce is submitted, one of the spouses is a citizen of one of the Contracting Parties, the other is a national of the other Contracting Party and either lives in the territory of one and the same Contracting Party or one in the territory of one and the other in the territory of the other Contracting Party, the courts of the two Contracting Parties which apply the substantive law of their State when making their decisions shall have jurisdiction.
Invalidity of marriage
1. The determination of nullity or nullity of marriage shall be carried out in accordance with the laws of the Contracting Party which is in force for the conclusion of a marriage pursuant to Article 26.
2. The provisions of Article 28 shall apply mutatis mutandis as regards the power to decide on nullity or nullity.
Fatherhood
1. Maternity matters shall be treated in accordance with the legal order of the Contracting Party whose national citizen is the child. Where a child is resident in the territory of the other Contracting Party, it shall be treated in accordance with the law of that Contracting Party if it is more appropriate for the interests of the child.
2. The power to deal with the matters referred to in paragraph 1 shall lie with the judicial authorities of the Contracting Party whose national citizen is the child.
3. Where the applicant and the defendant reside in the territory of the same Contracting Party, the judicial authorities of that Contracting Party shall have jurisdiction.
Legal relations between parents and children
1. Legal relations between parents and children shall be governed by the law of the Contracting Party whose national citizen is the child. Where a child resides in the territory of the other Contracting Party, the legal order of that Contracting Party may be invoked if necessary to protect the child.
2. As regards the jurisdiction of the judicial authorities, Article 30 (2) and (3) shall apply mutatis mutandis.
Authorisation
1. The basic conditions required for the adoption shall be governed by the law of the State of which the adoption is a citizen and, as regards the adoption, by the law of the State of which the adoption is a national.
2. The adoption procedure shall be followed in accordance with the law of the Contracting Party in whose territory it takes place.
3. The effects of adoption and the relationship between the acquirer and the acquirer shall be governed by the law of the acquirer and, where the acquirer is both married, shall apply mutatis mutandis to the legal order governing the personal and property relations of the spouses pursuant to Article 27.
4. The invalidity of the adoption shall be governed by the legal order referred to in paragraph 1 as regards the basic conditions and, in the event of failure to comply with the formal conditions, by the legal rules referred to in paragraph 2 of this Article.
Waiver of legal capacity
1. The cases of deprivation of legal capacity and the abolition of such measures shall be governed by the law of the Contracting Party whose national citizen is the person concerned.
2. In cases of deprivation of legal capacity, jurisdiction shall be given, unless otherwise provided for in this Treaty, to the judicial authorities of the Contracting Party whose national citizen is that person.
1. Where it is necessary to waive the legal capacity of a national of one Contracting Party who is resident, resident or property in the territory of the other Contracting Party, the authority of that other Contracting Party shall immediately inform the competent authority referred to in Article 33 (2).
2. In cases which are not subject to a deferral, the authority of the other Contracting Party may take interim measures in accordance with its own rules of law, but shall inform the authority competent pursuant to Article 33 (2) without delay and send it copies of the documents relating to the measures taken. The provisional measures shall remain in force until another decision has been taken by the competent authority of the other Contracting Party.
1. The authority referred to in Article 33 (2) may delegate its jurisdiction in the case of the waiver of legal capacity to the judicial authority of the other Party where the person to be deprived of legal capacity is resident, resident or property in the territory of that other Party.
2. Where the competent court, informed in accordance with Article 34 (1), does not communicate its reply within three months of the date of dispatch of the notification, the jurisdiction in the case of the waiver of legal capacity shall pass on to the authority of the place of residence or residence of the person concerned.
3. The authority to which the power referred to in paragraph 1 or 2 has been transferred shall proceed in the proceedings for the waiver or refund of legal capacity under the law of its State, but as regards the conditions for the waiver or repayment of legal capacity, it shall comply with the laws of the Contracting Party whose national citizen is the person concerned.
4. A copy of the decision to waive legal acts issued pursuant to paragraphs 1 to 3 shall be sent to the authority referred to in Article 33 (2).
Obligations and custody
1. The terms and conditions for the establishment or termination of custody or custody shall be laid down in the law of the Contracting Party whose national citizen is the person to whom the guardian or guardian is to be appointed.
2. With regard to the obligation to accept custody or custody, the law of the Contracting Party whose national citizen is a person to be a guardian or guardian shall apply.
3. Legal relations between the guardian or, where appropriate, the guardian and the person who has been appointed by the guardian or, where appropriate, the guardian shall be governed by the law of the Contracting Party whose authority has appointed the guardian or, where appropriate, the guardian.
4. In cases of deprivation or custody concerning citizens of the Contracting Parties, the judicial authorities of the Contracting Party whose national citizen is the person to whom the guardian or guardian is to be appointed shall have jurisdiction, unless otherwise provided for in this Treaty.
5. A national of one Contracting Party may be appointed as guardian or, where appropriate, guardian of a national of the other Contracting Party, if he resides in the territory of the Contracting Party in which he is to perform that function, and if his provisions are best suited to the interests of the person to whom the guardian or guardian is to be appointed.
Article 34 and Article 35 (1) and (2) shall apply mutatis mutandis to custody or custody cases.
A judicial authority which has become competent under Article 35 (1) or (2) for the purpose of deprivation or custody shall comply with these measures under the law of its State. Nevertheless, the law of the Contracting Party whose national citizen is a person who has been appointed as a guardian or guardian shall apply to the issue of legal capacity and legal capacity.
That judicial authority shall not have jurisdiction in matters relating to the personal status of the person appointed by the guardian or guardian.
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 1 / 1996 Coll., on the Agreement on Legal Assistance in Civil Matters between the Czech Republic and Romania |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.01.1996 |
|---|---|
| Effective from | 02.01.1996 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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