Act No. 199 / 1946 Coll.
Law on recognition of judgments in matrimonial matters, issued by courts or offices abroad, in the field of Czechoslovak law
Valid
Effective from 08.12.1946
199.
Law
of 3 October 1946
recognition of judgments in matrimonial matters, by courts or offices abroad, in the field of the Czechoslovak legal order.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
Decisions in matrimonial matters which have been given by courts or offices abroad may be recognised in the field of Czechoslovak law only under the conditions set out below.
Decisions in matrimonial matters shall be understood in this Act as decisions declaring marriage null and void, annulled, divided or divorced or determined by the law of the existence or absence of marriage between the Parties.
(1) A decision may be recognised only if:
1. if the provisions in force in the country on jurisdiction in matrimonial matters do not prevent this,
2. where the summons or orders brought before a foreign court or office have been served on the defendant's party (against which the application is directed) either in the territory of the foreign State concerned or through legal assistance in the territory of another foreign State or in the territory of a domestic country; and
3. Where a judgment under a judgment of a foreign court or of an office is not already subject to an appeal, under the law of that court or of the authority in force, which would establish a legal authority or enforceability.
(2) The provisions in force in the Czech Republic concerning jurisdiction in matrimonial matters shall not prevent a decision from being recognised if, at the time of the decision, one of the spouses was not a Czechoslovak citizen or if, at that time, he had no residence in the territory of the Czechoslovak Republic (habitual residence).
(1) Although the conditions of Section 3 are fulfilled, the decision cannot be recognised:
1. if this would be contrary to the provisions of the international treaty published in the Collection of Laws and Regulations, or
2. If the defendant (the party against whom the application is directed) has not been given the opportunity to take part in proceedings before a foreign court or office, or if it has been withdrawn from the defendant by any irregularity in the proceedings, or
3. if the decision concerning a Czechoslovak national does not compare with the Czechoslovak legal order, or
4. if this would result in the recognition of a ratio contrary to public order or good manners.
(2) The decision is not compared to the Czechoslovak legal order (paragraph 1, No 3):
1. if the factual basis has not been established in a way which essentially complies with the relevant provisions of the Czechoslovak law on proceedings in such cases, or
2. if, under the Czechoslovak legal order, the conditions for which that legal order is applicable in accordance with its provisions, unless the law under which it was decided is identical to the relevant provisions of the Czechoslovak legal order or is at least substantially close to them.
(1) It is for the Supreme Court to state that the decision is recognised in the field of the Czechoslovak legal order. The Supreme Court's ruling shall bind the courts and administrative offices.
(2) The decision of the court or authority of the State of which the two spouses were members at the time of the decision shall be recognised in the field of the Czechoslovak legal order without the order of the Supreme Court, provided that recognition is not in the way of Paragraph 4, paragraph 1, No 4.
(3) The provisions of paragraph 2 shall apply mutatis mutandis if the court or office of a State whose members are not married has decided, if this decision is recognised in the home State of the spouses and if the spouses are members of different States, in the two States concerned.
(4) It is no longer necessary, on the date of the entry into force of this law in the Czechoslovak matrix, to state according to a foreign decision that marriage was declared invalid, annulled, parted or divorced, or that it was determined by the law of existence or absence of marriage.
(5) Where the cases referred to in paragraphs 2 to 4 are not concerned, the courts and administrative authorities may not address the question of whether the decision is recognised in the field of the Czechoslovak legal order or as a predetermined question.
(1) A motion for the Supreme Court to rule pursuant to Paragraph 5 (1) may be made by the parties, a court in criminal or civil proceedings, by the Ministry of Justice in the interest of the public and, finally, by anyone who certifies a legal interest in the recognition of a decision (§ 1, 2).
(2) The Court of First Instance or the Administrative Office shall stay until the operative part of the Supreme Court pursuant to Article 5 (1) of the case which requires a preliminary solution to the question reserved under Article 5 (1) of the Supreme Court.
(1) The Supreme Court shall decide on the application in accordance with the provisions of the legal proceedings of the undisputed.
(2) If the matter is simple, or if the costs associated with the submission of the parties to the court are disproportionate, or if the written or legal assistance procedure is difficult, or if the court considers it necessary, the parties may be dismissed from hearing.
If the international treaty declared in the Collection of Laws and Regulations provides otherwise, its rules apply instead of the provisions of this law.
(1) The provisions of Articles 6 and 8 of the Constitutional Decree on the restoration of law remain without prejudice (Annex to the Law of 19 December 1945, No 12 Coll. of 1946).
(2) The following shall be deleted:
1. Paragraph 114 of Article XXXI / 1894 on matrimonial law,
2. Paragraph 67 (2) of Article XXXIII / 1894 on State Matrices,
3. Paragraph 76, paragraph 3 of the Law of 1 August 1895, No 111, on the exercise of jurisdiction and jurisdiction of ordinary courts in civil matters, as amended by the applicable provision of Article I, No 1 of the Decree of 25 January 1944, No 39 Coll., amending certain provisions of civil law.
This Act shall take effect on the 30th day following its publication; It shall be carried out by the Minister of Justice in agreement with the Ministers of the Interior and Foreign Affairs.
Dr Beneš v. r.
Gottwald v. r.
Dr Drtina v. r.
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Regulation Information
| Citation | Act No. 199 / 1946 Coll., on recognition of judgments in matrimonial matters, issued by courts or offices abroad, in the field of Czechoslovak legal order |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.11.1946 |
|---|---|
| Effective from | 08.12.1946 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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