Decree of the Minister for Foreign Affairs No. 133 / 1976 Coll.
Decree of the Minister for Foreign Affairs on the Protocol amending and supplementing the Treaty between the Czechoslovak Republic and the German Democratic Republic on Legal Relations in Civil, Family and Criminal Matters, signed in Prague on 11 September 1956
Valid
Effective from 21.10.1976
133
DECLARATION
Minister for Foreign Affairs
of 1 November 1976
on the Protocol amending and supplementing the Treaty between the Czechoslovak Republic and the German Democratic Republic on legal relations in civil, family and criminal matters, signed in Prague on 11 September 1956
The Protocol amending and supplementing the Treaty between the Czechoslovak Republic and the German Democratic Republic on legal relations in civil, family and criminal matters signed in Prague on 11 September 1956 was signed in Berlin on 10 December 1975.
The Protocol 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 21 October 1976.
According to its Part II, the Protocol entered into force on 21 October 1976.
Czech version The Protocol shall be published simultaneously.
Minister:
Ing. Chupek v. r.
PROTOCOL
amending and supplementing the Treaty between the Czechoslovak Republic and the German Democratic Republic on legal relations in civil, family and criminal matters, signed at Prague on 11 September 1956
The President of the Czechoslovak Socialist Republic and the State Council of the German Democratic Republic, wishing to deepen and improve the contractual relations between the two states in the field of legal relations, decided to amend and supplement the Treaty between the Czechoslovak Republic and the German Democratic Republic on legal relations in civil, family and criminal matters, signed in Prague on 11 September 1956.
To this end, they appointed their agents:
President of the Czechoslovak Socialist Republic
Dr. John the German,
Minister of Justice of the Czech Socialist Republic,
State Council of the German Democratic Republic
Hans-Joachim Heusinger,
Deputy Chairman of the Council of Ministers of the German Democratic Republic and Minister of Justice, who, after exchanging their full powers found in good and due form, agreed on the following.
I.
The Treaty between the Czechoslovak Republic and the German Democratic Republic on legal relations in civil, family and criminal matters, signed at Prague on 11 September 1956 (hereinafter referred to as "the Treaty ') shall be amended as follows:
1. Article 4 is inserted after Article 4 of the Treaty. And the following text:
(1) Legal aid shall also include the identification of the residence of persons in the territory of the Contracting Party against whom civil or family claims are claimed or will be against persons residing in the territory of the other Contracting Party. The requesting authorities shall be obliged to provide for this purpose the supporting documents giving rise to the information for the identification of the stay.
(2) Legal aid shall also include an identification of the organisation in which the persons obliged to pay maintenance are employed, if the maintenance is or is intended to be exercised by persons entitled to claim maintenance, who are resident or resident in the territory of the other Contracting Party. This obligation also includes the determination of the amount of monthly income that the debtor has achieved over the last 12 months.
Article 16 of the Treaty reads as follows:
Language
(1) The authorities of the Contracting Parties use their own language or Russian language in their mutual legal capacity.
(2) Translations of documents in the language of the requested Contracting Party shall, as far as possible, be attached to facilitate legal action, even in those cases where the Treaty does not prescribe them.
3. The following Article 16 A is inserted after Article 16 of the Treaty:
Agreement implementing the Treaty
The relevant ministries and prosecutors of the Contracting Parties may negotiate agreements on the basis and for the implementation of the Treaty.
4. Article 22 of the Treaty shall read as follows:
(1) In the territory of the other Contracting Party, State citizens of one Contracting Party will be granted exemption from fees and advances for management under the same conditions and to the same extent as their own nationals.
(2) The exemption from fees and advances referred to in paragraph 1 shall apply to all procedural acts which also arise in this proceeding before the courts of the other Contracting Party, including enforcement.
5. Article 27 of the Treaty shall read as follows:
Marriage
(1) The terms of marriage shall be determined for each of the future spouses under the laws of the Contracting Party to which he is a national.
(2) The form of marriage is governed by the laws of the Contracting Party in whose territory the marriage is concluded.
(3) The form of marriage which is concluded before a member of the diplomatic or consular representation empowered to do so is governed by the laws of the State sending a diplomatic or consular representative.
6. The following shall be inserted after Article 27 of the Treaty:
Personal and property relations of spouses
(1) The personal and property relations of spouses of the same citizenship are governed by the laws of the Contracting Party to which they are nationals.
(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 laws of the Contracting Party in whose territory they have or have had their last joint residence. If they do not have such a common residence, the court shall exercise its own right.
(1) In order to decide on the personal and property relations of spouses, the court of the Contracting Party to which they are married shall have jurisdiction. If the spouses are resident in the territory of the other Contracting Party at the time of the application, the court of that Contracting Party shall also have jurisdiction.
(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 of the Contracting Party in whose territory the spouses have or have had their last joint residence shall have jurisdiction to decide on the personal and property relations of the spouses.
(3) If the spouses do not reside together, the courts of the two Contracting Parties shall have jurisdiction.
(4) Where proceedings have been brought before a court of one Contracting Party, the same claim between the same parties may not be invoked in the court of the other Contracting Party. The court with which the claim was lodged at a later date shall, of its own volition, decline jurisdiction.
Distribution
(1) The divorce of marriage is governed by the laws of the Contracting Party whose national citizens are both married at the time of the proposal.
(2) If 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 divorce proceedings shall apply its own laws.
(1) For divorce pursuant to Article 27 C (1) of the Treaty, the court of the Contracting Party whose national citizens are married at the time of the application shall have jurisdiction. If both spouses have their residence in the territory of the other Contracting Party at the time of the application, that court shall also have jurisdiction.
(2) For divorce pursuant to Article 27 C (2) of the Treaty, the court of the Contracting Party in whose territory the two spouses are resident shall have jurisdiction.
(3) Where one of the spouses is resident in the territory of one Contracting Party and the other in the territory of the other Contracting Party, the courts of the two Contracting Parties shall have jurisdiction in divorce proceedings.
(4) Where proceedings have been brought before a court of one Contracting Party, the same claim between the same parties may not be invoked in the court of the other Contracting Party. The court with which the claim was lodged at a later date shall, of its own volition, decline jurisdiction.
The provisions of Articles 27 and 27 D of the Treaty shall apply mutatis mutandis to the determination of the invalidity of a marriage or to the determination of whether or not a marriage is present, as well as to the jurisdiction in such cases.
7. Articles 28, 29 and 30 of the Treaty shall read as follows:
Legal relations between parents and children
(1) The determination and denial of paternity shall be governed by the laws of the Contracting Party whose citizenship has acquired the child by birth.
(2) For the form of recognition of paternity, it is sufficient to comply with the laws of the Contracting Party in whose territory the declaration of recognition has been made.
Legal relations between parents and children shall be governed by the laws of the Contracting Party whose national citizen is a child.
(1) In order to decide on the legal relationships referred to in Articles 28 and 29 of the Treaty, both the court of the Contracting Party whose child is a national citizen and the court of the Contracting Party in whose territory the child is resident or resident shall have jurisdiction.
(2) Where proceedings have been brought before a court of one Contracting Party, the same claim between the same parties cannot be invoked in the court of the other Contracting Party. The court with which the claim was lodged at a later date shall, of its own volition, decline jurisdiction.
8. Article 49 of the Treaty shall be amended as follows:
The competent decision of the authorities of one Contracting Party on civil and family property matters shall be recognised in the territory of the other Contracting Party without further procedure, if the authority which issued the decision has jurisdiction under the provisions of this Treaty and no authority of the other Contracting Party has previously given a final decision on the matter between the same parties.
(9) Article 52 (2) of the Treaty shall read as follows:
(2) The application must be lodged either at the judicial office which decided the case in the first chair or at the judicial office which is responsible for dealing with the case itself. The application lodged before the Court of First Instance shall be referred to the judicial authority responsible for the decision on the substance of the case. An application for authorisation to execute a decision shall also be considered as an application for enforcement. The Contracting Parties shall ensure that the enforcement of the decision is carried out on an official basis.
(10) Article 60 of the Treaty reads as follows:
Request for criminal prosecution
(1) At the request of the other Contracting Party, the Contracting Parties undertake, under their own laws, to prosecute their national citizens who are suspected of having committed an offence or offence in the territory of the requesting Contracting Party (Straftat).
(2) The Contracting Parties may request the enforcement of infringements which, under the law of the requesting Contracting Party, are considered to be an offence or an offence (Straftat) and under the law of the requested Contracting Party only as an offence or an infringement of the rules of order.
The requested Contracting Party shall process the request in accordance with its own legislation.
(3) The civil claims of persons who have been harmed by a breach of law, as applied in the procedure taken over, become - if a claim for compensation has been lodged - part of the proceedings.
11. The following Article 60 A is inserted after Article 60 of the Treaty:
Procedure for requests for criminal prosecution
(1) The application for criminal prosecution should be accompanied by:
- data relating to a person, including nationality,
- a description of the facts,
- means of proof,
- the original of the files or a certified copy thereof, if necessary, otherwise the outcome of the investigation,
- a copy of the text of the provisions to be applied to an act under the law in force at the crime scene,
- an application for compensation,
- an application for criminal prosecution, if necessary under the law of the requested Contracting Party.
(2) The application for a criminal prosecution must be signed and stamped by the competent authority.
(3) Where the defendant is in custody or has been detained at the time of the request for criminal prosecution, the transfer to the territory of the other Contracting Party shall be ensured.
(4) The requested Contracting Party shall report the final decision to the requesting Contracting Party. A final decision shall be sent to the requesting Contracting Party upon request.
12. Article 61 of the Treaty reads as follows:
Method of contact
(1) In matters of extradition and taking over criminal proceedings, the Ministers of Justice and the Prosecutor General of the Parties shall meet within their respective competence.
(2) The officials appointed in paragraph 1 may agree that the courts or prosecutors of the Contracting Parties shall meet each other when they take over the prosecution.
II.
The Protocol shall be ratified and enter into force on the date of the exchange of instruments of ratification. The replacement of instruments of ratification will take place in Prague.
The Protocol is part of the Treaty between the Czechoslovak Republic and the German Democratic Republic on legal relations in civil, family and criminal matters, signed in Prague on 11 September 1956, and has the same period of validity as the Treaty itself.
Done at Berlin, 10 December 1975, in duplicate, each in the Czech and German languages, the two texts being equally authentic.
To prove it, the agents signed this Protocol and sealed it.
For the Czechoslovak Socialist Republic:
Dr Jan German v. r.
For the German Democratic Republic:
Heusinger v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree No. 133 / 1976 Coll., on the Protocol amending and supplementing the Treaty between the Czechoslovak Republic and the German Democratic Republic on Legal Relations in Civil, Family and Criminal Matters, signed in Prague on 11 September 1956 |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.11.1976 |
|---|---|
| Effective from | 21.10.1976 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0