Decree of the Minister for Foreign Affairs No. 106 / 1978 Coll.
Decree of the Minister for Foreign Affairs on the Treaty between the Czechoslovak Socialist Republic and the People's Republic of Mongolia on the provision of legal assistance and on legal relations in civil, family and criminal matters
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Effective from 22.03.1978
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106
DECLARATION
Minister for Foreign Affairs
of 30 March 1978
on the Treaty between the Czechoslovak Socialist Republic and the People's Republic of Mongolia on the provision of legal assistance and on legal relations in civil, family and criminal matters
On 15 October 1976, the Treaty was signed in Ulanbatar between the Czechoslovak Socialist Republic and the People's Republic of Mongolia on the provision of legal assistance and on legal relations in civil, family and criminal matters.
The Treaty was approved by the Federal Assembly of the Czechoslovak Socialist Republic and ratified by the President of the Republic. The instruments of ratification were exchanged in Prague on 20 February 1978.
Pursuant to Article 90 of the Treaty, the Treaty entered into force on 22 March 1978.
The Slovak version of the Treaty is hereby published simultaneously. *)
First Deputy Minister:
Krajčir v. r.
TREATY
between the Czechoslovak Socialist Republic and the People's Republic of Mongolia on the provision of legal assistance and on legal relations in civil, family and criminal matters
The Czechoslovak Socialist Republic and the Mongol People's Republic, led by their mutual desire to consolidate and continue to develop brotherly friendship and cooperation between the peoples of both countries in the field of legal relations, have decided to conclude a Treaty on the provision of legal assistance and legal relations in civil, family and criminal matters in order to safeguard the rights and interests of national citizens of both countries.
To this end, they appointed their agents: President of the Czechoslovak Socialist Republic
Paul Kiraly,
Minister of Justice of the Slovak Socialist Republic,
Presidium of the People's Republic of Mongolia
Donoyn Pureva,
Minister of Justice of the People's Republic of Mongolia,
who, after exchanging their full powers which they found in proper form and in complete order, agreed on the following:
GENERAL PROVISIONS
Legal protection
1. State citizens of one Contracting Party shall enjoy the same legal protection in the territory of the other Contracting Party of their personal and property rights as their own nationals. They may refer freely and without impediment to the courts and other bodies under whose jurisdiction civil, family and criminal matters belong and are also entitled to apply for proceedings to protect their personal and property rights.
2. State citizens of one Contracting Party may apply to the authorities of the other Contracting Party whose jurisdiction covers civil, family and criminal matters under the same conditions as its own national citizens.
3. Where the competent authority of one Contracting Party referred to in paragraph 1 of this Article becomes aware that heirs or those who have left a will are present in its territory or outside its territory, it shall inform the competent authority of the other Contracting Party.
4. Where a national of one Contracting Party dies in the territory of the country of which he is a national of the other Contracting Party and where the heir is a national of the other Contracting Party, the competent authority shall inform the diplomatic mission or consular authority of the other Contracting Party thereof in accordance with paragraph 1 of this Article.
Legal aid
The competent authorities of both Parties shall provide mutual legal assistance in civil, family and criminal matters.
Scope of legal aid
1. Legal aid means the execution of certain procedural acts, in particular: the removal and inspection of objects, the seizure of property, the sending and issuing of factual evidence, the questioning of parties, parties, witnesses and experts, suspects and accused persons, the filing and delivery of documents and the making of requests.
2. The central authorities of the two Contracting Parties shall, upon request, assist each other in identifying the residence of persons present within their territory if this is necessary to exercise the rights or fulfil the obligations of their national citizens.
Method of contact
1. The competent authorities of the Contracting Parties shall maintain contact with each other through their central authorities, unless otherwise provided for in this Treaty.
2. The competent authorities within the meaning of this Treaty shall be courts, prosecutors and public notaries.
3. The central authorities within the meaning of this Treaty are from the Czechoslovak Socialist Republic: the General Prosecutor of the Czechoslovak Socialist Republic, the Ministry of Justice of the Czech Socialist Republic and the Ministry of Justice of the Slovak Socialist Republic; by the People's Republic of Mongolia: State Prosecutor of the People's Republic of Mongolia and the Ministry of Justice of the People's Republic of Mongolia.
The Supreme Court of the Czechoslovak Socialist Republic and the Supreme Court of the People's Republic of Mongolia are also central to providing information under Article 12 of this Treaty.
Use of languages in legal aid
In contacts with each other under this Treaty, the authorities of the Contracting Parties shall use their own language or Russian language. However, the documents annexed to the request for legal assistance, drawn up in the language of the requesting Contracting Party, must be accompanied by a translation into the Russian language or the language of the requested Contracting Party.
Content of the request for legal aid
1. The application for legal aid (hereinafter referred to as "the request ') shall include the name of the applicant authority, the name of the requested authority, the name of the case in which the legal aid is sought, the surname and the names of the participants or accused persons, their nationality, employment, residence or residence, the names and addresses of their authorised representatives, the necessary details of the nature of the request and, in criminal matters, the description and designation of the offence and, where possible, the place of birth, the date of birth, the name and surname of the parents of the defendant.
2. The application and the documents sent must bear the signature and official stamp of the competent authority.
3. Requests shall be made in accordance with the law of the requesting Contracting Party.
4. Upon request, the Contracting Parties may use forms the text of which shall be mutually agreed.
Form of the request
1. Requests shall be dealt with in accordance with the law of the Contracting Party to which the request is addressed. At the request of the applicant authority, unless this is contrary to the law of the requested Contracting Party, the procedure and form of the request may be maintained as indicated in the request.
2. If the authority to which the request is addressed is not competent to execute the request, it shall forward it to the competent authority.
3. The requested authority shall inform the requesting authority of the time and place of the request.
4. If the person identified in the request does not live at that address, the requested authority shall, on its own initiative, take the measures necessary to establish the address.
5. If the request for legal aid cannot be complied with, the requested authority shall inform the applicant authority thereof and inform it of the reasons for which the request could not be granted.
Request for service of documents
1. The requested authority shall, within the meaning of Article 7 of this Treaty, proceed in the course of processing the request for service of documents in accordance with the law of its State.
2. If the documents received are not accompanied by a translation into the Russian language or the language of the requested Contracting Party, the authority to which the request is addressed shall forward the document to the consignee if he is willing to accept them voluntarily.
3. The verification of the translation shall be carried out by a State authority, diplomatic mission or consular office of one of the Contracting Parties or by an official interpreter.
4. The service of the documents shall be certified in a letter indicating the date of service, the signature of the consignee and the consignor and the stamp of the service authority. The service of documents may be certified by an official certificate of the authority from which it is apparent when and how the document was served.
Service to own state citizens
1. The Contracting Parties shall be entitled to service documents through their diplomatic missions or consular posts to their own nationals if they live in the territory of the other Contracting Party.
2. No coercive means may be used for service of the documents referred to in paragraph 1 of this Article.
Protection of witnesses and experts
1. A witness or expert present at the appeal of an authority of the other Contracting Party shall not be held liable for any criminal liability, in respect of a criminal offence committed prior to the crossing of the national borders of that Contracting Party. Similarly, such persons shall not be prosecuted or imprisoned in connection with their questioning as witnesses or experts or in connection with a criminal offence which has also been the subject of legal proceedings.
2. The witness or expert shall lose the protection referred to in paragraph 1 of this Article if he does not leave the territory of the requesting Contracting Party, although he has had such an opportunity, within 7 days, beginning on the date on which the requesting authority informed him that his presence is no longer necessary. The period shall not exceed which the witness or expert could not leave the territory of the Contracting Party without his own fault.
3. The persons referred to shall have the right to claim reimbursement of travel costs, foreign residence costs and lost earnings, and the expert shall also be entitled to remuneration for the expert's opinion. The summons shall indicate to which persons they are entitled and shall, at their request, be granted an advance payment for the expenditure provided for.
4. Persons summoned to the institution shall not be required to comply with the summons. The summons shall not be subject to coercive threats in the event of a person failing to comply with the summons.
Legal aid costs
1. The requested Contracting Party shall not require reimbursement of the costs of legal aid. The Contracting Parties shall themselves bear all costs incurred in providing legal assistance in their territory, in particular costs incurred in obtaining evidence.
2. The requested authority shall inform the requesting authority of the amount of costs incurred. If the applicant authority obtains payment of these costs from the person who is obliged to pay them, the costs obtained shall be for the benefit of the Contracting Party which has performed them.
Legal information
The central authorities of the two Contracting Parties shall, upon request, provide each other with information relating to the laws of their States which apply or have applied to their territory, legal issues and information on the interpretation of the laws by their competent authorities.
Refusal of legal aid
Legal aid may be refused if its provision would undermine the sovereignty or security of the requested Contracting Party.
Legal persons
The provisions of this Treaty shall apply mutatis mutandis to legal persons.
Use of documents
1. Documents drawn up or authenticated by a court or other competent authority in the territory of one Contracting Party, bearing the signature and official stamp, shall not require further verification for the purpose of their use by the courts or other authorities of the other Contracting Party.
2. The provisions of paragraph 1 of this Article shall also apply to instruments on which signatures have been verified under the provisions of one of the Contracting Parties.
3. Documents drawn up in the territory of one Contracting Party shall be deemed to be authentic and shall also be authentic in the territory of the other Contracting Party as its own documents.
CIVIL AND FAMILY THINGS
Personal status
Eligibility for legal acts
1. The legal capacity of a natural person shall be governed by the law of the Contracting Party to which he is a national citizen.
2. The legal capacity of a legal person shall be governed by the law of the Contracting Party under which the legal person was established.
Limitations and waivers
1. The limitation and waiver of legal capacity shall be the jurisdiction of the court of the Contracting Party whose national citizen is the person whose capacity is to be decided, unless otherwise provided for in this Treaty. Where a court of one Contracting Party finds that a national of the other Contracting Party who resides in its territory has grounds for limiting or depriving the competent court of the other Contracting Party of its legal capacity, it shall inform the competent court of the other Contracting Party thereof. This also applies if the court takes the temporary measures necessary to protect that person and his property.
2. If the court of the other Contracting Party to which the facts referred to in paragraph 1 have been notified does not initiate the necessary procedure within three months or if it does not express itself within that period, the court of the Contracting Party in whose territory that person lives shall have proceedings to restrict or waive his legal capacity.
In such a case, a decision to restrict or waive legal capacity may be given only for reasons laid down by the laws of the two Contracting Parties and shall be sent to the competent court of the other Contracting Party.
(3) The provisions of paragraphs 1 and 2 of this Article shall apply mutatis mutandis to the repayment or change of legal capacity.
Declaration of person missing, declaration of death and proof of death
1. The competent authorities of the Contracting Party whose national citizen was a person at the time when the latest reports indicate that he was still alive are to declare a person missing or dead and to establish evidence of death.
2. The authority of one Contracting Party may declare a citizen of the other Contracting Party dead:
(a) on application by a person wishing to claim the right of inheritance or matrimonial property in respect of a missing person situated in the territory of the Contracting Party whose authority is conducting proceedings;
(b) on a proposal from the spouse of a missing person who, at the time of the submission of the application, lives in the territory of the other Contracting Party whose authority is conducting proceedings.
3. In the cases referred to in paragraphs 1 and 2, the authorities of the Contracting Parties shall, in accordance with the legal order of the State of which the abovementioned person was a national at the time when, according to the latest reports, he was still alive.
Family business
Marriage
1. Eligibility to marry shall be governed by the law of the Contracting Party whose national citizen is the relevant person for any person intending to marry.
2. The form of marriage shall be governed by the law of the Contracting Party in whose territory the marriage is concluded. Marriage between Contracting Party nationals is always required to maintain their own legal order.
Personal and property relations of spouses
1. If both spouses have the same citizenship, their personal and property-law relations are governed by the legal order 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-law relations shall be governed by the law of the Contracting Party, whose nationals were at the same time the last of which were nationals.
3. If the spouses do not have and never have the nationality of the same Contracting Party, their personal and property relations shall be governed by the law of the Contracting Party in whose territory they have, or have, their last residence in common.
1. Decision-making on matters relating to the personal and property relations of spouses shall be the competent court of the Contracting Party whose national citizens are married. If, at the time of legal proceedings, the spouses are resident in the territory of the other Contracting Party, the court of that Contracting Party shall, on their request, be responsible.
2. The opening of proceedings before a court of one Contracting Party prevents the same case from being brought before a court of the other Contracting Party. This provision shall also apply to Articles 23 and 27.
3. 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, the competent court of the Contracting Party in whose territory they have, or have, their last place of residence shall be competent in matters relating to the personal and property relations of the spouses; If they do not have such residence or do not have such residence, the court of the Contracting Party whose national citizen is the defendant shall be competent on such matters.
Withdrawal of marriage
1. The termination of the marriage shall be governed by the law of the Contracting Party whose nationals were married at the time of the application.
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, the court seised of the proceedings shall proceed according to the law of its State.
1. In the case referred to in Article 22 (1) of this Treaty, the court of the Contracting Party whose nationals were married at the time of the application shall be responsible for the proceedings for the annulment of the marriage. If, at the time of the application, the two spouses were resident in the territory of the other Contracting Party, the court of that Contracting Party shall also have jurisdiction to negotiate the annulment of the marriage.
2. In the case referred to in Article 22 (2) of this Treaty, the court of the Contracting Party in whose territory the two spouses are resident shall have jurisdiction in the proceedings for annulment of the marriage. Where one of the spouses resides in the territory of one Contracting Party and the other in the territory of the other Contracting Party, the courts of both Contracting Parties shall be competent to terminate the marriage.
Declaration of invalidity of the marriage
In such cases, similar provisions of Articles 22 and 23 of this Treaty shall apply to the declaration of nullity and whether the marriage is present or not and to the jurisdiction of the courts.
Nutrition
The obligation to pay maintenance between persons whose marriage has been revoked or declared invalid shall be governed by the law of the Contracting Party whose national citizen is the person liable to pay maintenance. For this purpose, the competent court of the Contracting Party in whose territory the person who is required to pay maintenance is resident.
Legal relations between parents and children
1. In matters of determination of paternity (detection and denial), the court of the Contracting Party whose national citizen is a child shall be competent. Where both the appellant and the respondent reside in the territory of the same Contracting Party, the court of that Contracting Party shall have jurisdiction in proceedings.
(2) The determination of paternity (detection and denial) shall be governed by the law of the Contracting Party whose citizenship the child has acquired by birth.
3. The form prescribed for the recognition of paternity shall also be complied with if it has been decided in accordance with the law of the Contracting Party in whose territory recognition has taken place.
1. Legal relations between parents and children, as well as legal relations between a child born outside a marriage and its parents, shall be governed by the law of the Contracting Party whose national citizen is the child.
2. In the matters of legal relations referred to in paragraph 1 of this Article, it shall be for both the court of the Contracting Party whose national citizen is the child and the court of the Contracting Party in whose territory the child is resident or resident.
1. Unless otherwise provided for in this Treaty, the competent court of the Contracting Party whose national citizen is a child shall be in matters relating to the education and nutrition of minors and other matters related thereto. The Court of First Instance of one Contracting Party shall have jurisdiction to act on the nutrition of minor children who are nationals of the other Contracting Party if the right to maintenance is claimed against the citizens of that Contracting Party.
2. In urgent cases, the court of the other Contracting Party in whose territory the child lives may take the necessary measures temporarily to protect the child's personality and property.
3. If the court to which a report has been submitted pursuant to paragraph 2 of this Article does not take action within three months of the hearing, such proceedings shall be initiated by the court of the Contracting Party in whose territory the child lives. The court shall notify its decision to the competent court of the Contracting Party whose national citizen is a child.
4. The relationship between parents and children referred to in paragraph 1 of this Article shall be governed by the law of the Contracting Party whose national citizen is the child.
Authorisation
1. The approval or revocation shall be governed by the law of the Contracting Party whose State is the beneficiary at the time of adoption or withdrawal.
2. If the child is a national of the other Contracting Party, a declaration of consent of the child shall be provided when the adoption or cancellation of the child is made, if required under the legislation of the Contracting Party whose national citizen is the child. In addition, the consent of the legal representative of the child and the competent authority of the other Contracting Party must be obtained.
3. Where a child is adopted by a spouse, one of whom is a national citizen of one Contracting Party and the other a State citizen of the other Contracting Party, the adoption or revocation of the child shall be effected in accordance with the laws of both Contracting Parties.
1. The competent authorities of a Contracting Party whose national citizen is the acquirer at the time of the adoption or revocation of the adoption shall be in charge of the adoption or cancellation procedure.
2. In the case referred to in Article 29 (3), the competent authority of the Contracting Party in whose territory the adopters have, or have, their last place of residence or residence.
Obligations and custody
1. The establishment or withdrawal of custody and custody shall be governed by the law of the Contracting Party whose national citizens are persons over whom custody or custody is established (hereinafter referred to as "guardians').
2. Legal relations between the guardian or guardian and the guardian shall be established by the law of the Contracting Party whose authority has appointed the guardian or guardian.
3. The obligation to accept as guardian or guardian shall be governed by the law of the Contracting Party whose national citizen is the guardian or guardian.
4. Proceedings under this Article shall be the responsibility of the authorities competent according to the place of residence of the person over whom custody or custody is established.
1. Unless otherwise provided for in this Treaty, the authority of the Contracting Party whose national citizen is a caregiver shall be responsible for deciding on the establishment and abolition of the custody or custody.
2. Decisions on the establishment and abolition of custody or custody by the authorities of one Contracting Party, in so far as they concern its own national citizens, shall also have legal effect in the territory of the other Contracting Party.
1. Where the necessary measures are to be implemented in the territory of a Contracting Party to protect the interests of a national of the other Contracting Party who is resident or property in the territory of the first Contracting Party, the competent authority of that Contracting Party shall immediately inform the diplomatic mission or consular post of the other Contracting Party thereof.
2. In urgent cases, the competent authority may itself take precautionary measures in accordance with its own law, which it shall immediately inform the diplomatic mission or consular post of the other Contracting Party. The provisional measures shall be valid until such time as the competent authority of the other Contracting Party decides otherwise, which it shall inform the authority which took the provisional measures.
1. The court of the Contracting Party competent pursuant to Article 32 (1) of this Treaty may delegate custody or custody to the authority of the other Contracting Party if the guardian has his residence or residence or property in the territory of that Contracting Party. The delegation of custody or custody shall take effect when the requested authority takes over the custody or custody itself and informs the requesting authority thereof.
2. The authority of the Contracting Party which has assumed custody or custody under paragraph 1 of this Article shall keep them in accordance with the law of its State. However, he is not entitled to decide on matters relating to the personal status of the guardian.
MATTERS OF PROPERTY
1. The form of legal acts is governed by the law governing the legal act itself, but it is sufficient to follow the legislation in force at the place where the legal act took place.
2. The form of legal acts relating to immovable property shall be governed by the law of the Contracting Party in whose territory the immovable property is situated.
1. The contractual obligations between natural persons and between natural and legal persons, with the exception of liabilities relating to immovable property, shall be governed by the law of the Contracting Party in whose territory the agreement has been concluded, unless its participants have agreed to apply another legal order relating to commitments.
2. Obligations arising from unlawful acts and other events which are legally liable shall be governed by the law of the Contracting Party in whose territory the act or other event has occurred.
1. The court of the Contracting Party in whose territory the defendant resides shall be responsible for the hearing on the application which arose in the context of the relations referred to in Article 36 of this Treaty. In such cases, the court of the Contracting Party in whose territory the applicant resides shall also be competent, provided that the object of the dispute or the property of the defendant is in that territory.
2. Participants in a binding legal relationship may agree to change the jurisdiction of a court in matters referred to in Article 36 (1) of this Treaty. However, it is not permissible for this Agreement to alter the substantive jurisdiction of the courts.
_
Principle of equality
1. State citizens of one Contracting Party may acquire property and rights in the territory of the other Contracting Party by inheritance by law or by testament under the same conditions and to such extent as their own nationals.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 106 / 1978 Coll., on the Treaty between the Czechoslovak Socialist Republic and the People's Republic of Mongolia on the provision of legal aid and on legal relations in civil, family and criminal matters |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.09.1978 |
|---|---|
| Effective from | 22.03.1978 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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