Decree of the Minister for Foreign Affairs No. 207 / 1964 Coll.
Decree of the Minister for Foreign Affairs on the Treaty between the Czechoslovak Socialist Republic and the Socialist Federal Republic of Yugoslavia on the regulation of legal relations in civil, family and criminal matters
Valid
Effective from 02.08.1964
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207
DECLARATION
Minister for Foreign Affairs
of 19 November 1964
on the Treaty between the Czechoslovak Socialist Republic and the Socialist Federal Republic of Yugoslavia on the regulation of legal relations in civil, family and criminal matters
On 20 January 1964, the Treaty between the Czechoslovak Socialist Republic and the Socialist Federal Republic of Yugoslavia on the regulation of legal relations in civil, family and criminal matters was signed in Belgrade.
The Treaty was approved by the National Assembly on 5 June 1964 and ratified by the President of the Republic on 19 June 1964. The instruments of ratification were exchanged in Prague on 2 July 1964 and the Treaty entered into force on the basis of Article 85 (1) of the Treaty on 2 August 1964.
In accordance with Article 4 of the Treaty, the following have been entrusted with mutual contact in the provision of legal assistance:
for the Czechoslovak Socialist Republic: the Ministry of Justice in Prague and in criminal matters at the stage of the investigation (preparatory proceedings) of the Prosecutor General in Prague;
for the Socialist Federal Republic of Yugoslavia: the Secretariat of Justice of the Socialist Republic of Serbia in Belgrade, the Secretariat of Justice of the Socialist Republic of Croatia in Zagreb, the Secretariat of the Socialist Republic of Bosnia and Herzegovina in Sarajevo, the Secretariat of Justice of the Socialist Republic of Slovenia in Ljubljana, the Secretariat of the Socialist Republic of Macedonia in Skoplia and the Secretariat of Justice of the Socialist Republic of Montenegro in Titograd; In matters of extradition, it is responsible for the entire Socialist Federal Republic of Yugoslavia, the Union Prosecutor's Office in Belgrade.
The Czech version of the Treaty is hereby published at the same time.
First Deputy Minister:
Dr Gregor v. r.
TREATY
between the Czechoslovak Socialist Republic and the Socialist Federal Republic of Yugoslavia on the regulation of legal relations in civil, family and criminal matters
Czechoslovak Socialist Republic and Socialist Federative Republic of Yugoslavia
led by the desire to develop relations between their peoples in a spirit of mutual friendship and cooperation and to facilitate legal relations between the two countries
decide to conclude a contract on the regulation of legal relations in civil, family and criminal matters.
To that end, appointed agents shall:
for the Czechoslovak Socialist Republic
Dr. Pavel Winkler,
Head of the contract law department of the Ministry of Foreign Affairs,
on behalf of the Socialist Federal Republic of Yugoslavia
Prof. Dr. Borislav Blagoevich,
Chief Legal Adviser to the State Secretariat for Foreign Affairs,
to exchange the powers they found in good and proper form, they agreed as follows:
GENERAL PROVISIONS
Legal protection
(1) Citizens of one Contracting Party enjoy in the territory of the other Contracting Party the same legal protection in personal and property matters as their own citizens.
(2) In order to exercise their rights and interests, citizens of one Contracting Party may appear before the authorities of the other Contracting Party which have jurisdiction in civil, family and criminal matters under the same conditions as their own citizens.
Legal aid
The courts, prosecutors, arbitrators and other bodies of the Parties which operate in civil, family and criminal matters shall provide each other with legal assistance in such matters under the conditions laid down in this Treaty.
Scope of legal aid
Legal assistance in civil, family and criminal matters shall be provided by the service of documents and by the execution of individual procedural acts such as the questioning of witnesses, participants or accused persons, the carrying out of expert evidence, examination and other matters.
Method of contact
Unless otherwise provided for in this Treaty, the competent authorities of the Contracting Parties shall, when providing legal assistance, meet by means of bodies notified to each other by diplomatic means.
Language of contact
The authorities of the Contracting Parties shall use one of the languages of the Contracting Parties to provide legal assistance.
Content of the request
(1) The application for legal aid shall indicate 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 name and surname of the parties and accused persons, their nationality, profession, place of residence or place of residence (registered office), the names, surnames and addresses of their representatives and the subject matter of the request, as well as the particulars necessary for its execution. In criminal matters, the description and identification of the offence and, where possible, the place and time of birth of the accused and the names of the parents shall also be provided.
(2) The application shall be accompanied by the signature and the official seal.
(3) The central judicial authorities of the Contracting Parties may, by common agreement, lay down models of the forms to be used when requesting and providing legal assistance.
Form of the request
(1) The requested authority shall, in accordance with the law of its State, proceed with the processing of requests for legal assistance. However, it may, at the request of the applicant authority, also use the procedure set out in the request.
(2) If the requested authority is not competent, the request shall be forwarded to the competent authority.
(3) If the address indicated in the request is not accurate or if it is not stated at all, the requested authority shall take measures to detect it.
(4) The requested authority shall inform the requesting authority in due time, at its request, of the place and time of execution.
(5) If the request cannot be met, the requested authority shall return the files and inform the reasons for the request.
Service
(1) The requested authority shall service the documents in accordance with the law of its State if they are written in the language of the requested Contracting Party or if they are accompanied by a certified translation into that language. Otherwise, the requested authority shall deliver the document to the recipient only if it is willing to accept it voluntarily.
(2) The translation of the document to be served shall be verified by the authorised interpreter or public authority or, where appropriate, by a diplomatic mission or consular post of one of the Contracting Parties.
Proof of service
A document of service shall be issued in accordance with the law of the requested Contracting Party. The document shall indicate the place and date of receipt and the signature of the consignee or indication of any other form of service.
Service to own state citizens
The Contracting Parties shall be entitled to service documents to their own citizens through their diplomatic missions or consular posts. In this case, enforcement measures cannot be used.
Protection of witnesses and experts
(1) Where, in proceedings before the authorities of one Contracting Party, the personal participation of a person to be heard as a witness or expert and who is in the territory of the other Contracting Party is required, the summons shall be sent through the competent authority of the other Contracting Party.
(2) The person referred to shall not be obliged to appear and the summons shall not contain any threat by enforcement measures in the event that he does not appear.
(3) A witness or expert who has appeared on a summons to the authority of the other Contracting Party may not be prosecuted or brought into custody in its territory, regardless of his citizenship, or the sentence imposed by a court for an offence committed prior to crossing the borders of the requesting Contracting Party. Nor can it be prosecuted in connection with the production of evidence or expert opinion or for an offence which is the subject of proceedings.
(4) The witness or expert shall cease the protection referred to in paragraph 3 if he does not leave the territory of the requesting Contracting Party within seven days of being informed that his presence is no longer necessary. That period shall not exceed a period of time for which a witness or expert could not leave the territory of that Contracting Party for reasons independent of his will.
(5) The persons referred to shall have the right to reimbursement of travel and subsistence expenses, as well as of loss of earnings and experts, in addition to expert fees for the assessment. The summons shall specify the compensation to be paid to such persons and shall, at their request, be granted an advance payment of the expenditure.
Legal aid costs
(1) The Contracting Parties shall not require payment of the costs of carrying out the requested legal aid operations and of service other than expert fees and other expenses incurred in connection with the execution of expert evidence.
(2) The performance of the expert's evidence may be subject to the condition of the pre-deposit where the costs of the expert's evidence are borne by the participant.
(3) The requested authority shall inform the requesting authority of the amount of the costs incurred in carrying out the request.
Refusal of legal aid
The provision of legal assistance in civil, family and criminal matters may be refused if the requested Contracting Party considers that its sovereign rights or fundamental principles of its legislature would be infringed by the execution of the request.
Legal information
The central judicial authorities of the Contracting Parties shall, upon request, provide each other with information on the legislation in force or in force in their States, together with their wording, as well as information on individual legal issues.
Instruments
(1) Documents issued or authenticated by the competent authority of one Contracting Party and bearing the official seal and signature may be used in the territory of the other Contracting Party without further verification. The same applies to copies and translations of documents which have been verified by the competent authority.
(2) The instruments which are considered to be public in the territory of one Contracting Party also have the power of proof in the territory of the other Contracting Party.
Address communication
The central judicial authorities of the Contracting Parties shall assist each other, upon request, in identifying the addresses of persons present within their territory, where this is necessary to exercise the rights of their citizens.
Legal persons
The provisions of this Treaty shall apply mutatis mutandis to legal persons.
CITIZENS AND FAMILY
Personal matters
Eligibility for rights and legal acts
(1) The eligibility of a natural person for rights and legal acts is governed by the law of the Contracting Party whose citizen is a person.
(2) Eligibility of a legal person to rights shall be governed by the law of the Contracting Party under which the legal person was created.
Declaration for the Dead
(1) The competent court of the Contracting Party whose citizen was a person at the time when, according to the latest reports, he was still alive is to declare a person dead.
(2) The Court of First Instance of one Contracting Party may declare a citizen of the other Contracting Party dead:
(a) on application by a person who wishes to claim a claim from an inheritance or matrimonial right of property to a missing property situated in the territory of the Contracting Party whose court is conducting proceedings; or
(b) on a proposal from the spouse of a missing person who is interested in finding the marriage to be terminated and who is resident in the territory of the Contracting Party whose court is conducting proceedings at the time of the application.
(3) The death declaration referred to in paragraph 2 shall be governed by the law of the Contracting Party whose citizen was missing at the time when he was last reported to be alive.
(4) The decision referred to in paragraph 2 shall have legal consequences only within the territory of the Contracting Party whose court has given the decision.
(5) At the request of a person having an interest in a case, the competent court of the Contracting Party in whose territory a decision has been given pursuant to paragraph 2 shall revoke or amend that decision, if necessary in the light of any other decision given in that case by the court referred to in paragraph 1.
Elimination and limitation of legal capacity
Save as otherwise provided in this Treaty, the removal and limitation of legal capacity shall be the jurisdiction of the court of the Contracting Party whose citizen is the person whose capacity it is to decide.
(1) Where a court of one Contracting Party finds that a citizen of the other Contracting Party whose residence he is in its territory has grounds for depriving or restricting legal capacity, it shall report to the competent court of the other Contracting Party. In urgent cases, it may take the temporary measures necessary to protect that person or his property. Such measures shall be reported to the court of the Contracting Party whose citizen is that person.
(2) Where the court of a Contracting Party to which a report has been submitted pursuant to paragraph 1 does not take up proceedings or does not express itself within three months of that date, the court of the Contracting Party in whose territory that person is resident shall proceed to proceedings for the waiver or limitation of legal capacity. In such cases, the waiver or limitation of legal capacity may be expressed only for reasons laid down by the laws of both Parties. A decision to waive or restrict legal capacity shall be sent to the competent court of the other Contracting Party.
Articles 20 and 21 of this Treaty shall apply mutatis mutandis to the recovery of legal capacity.
Family business
Marriage
(1) The conditions for the conclusion of a marriage shall be governed by the laws of each Contracting Party to which he is a citizen.
(2) Paragraph 1 shall not preclude the application of the rules of law of the Contracting Party within the territory of which the marriage is concluded as regards circumstances which, without exception, exclude the conclusion of the marriage.
(3) The form of marriage is governed by the law of the Contracting Party in whose territory the marriage is concluded.
Personal and property ratios of spouses
(1) The personal and property situation of the spouses is governed by the law of the Contracting Party, of which the two spouses are citizens.
(2) If one of the spouses is a citizen of one Contracting Party and the other is a citizen of the other Contracting Party, their personal and property circumstances shall be governed by the law of the Contracting Party whose citizenship was last shared by both spouses.
(3) If the spouses do not have, or do not have, the common citizenship of one of the Contracting Parties, their personal and property circumstances shall be governed by the law of the Contracting Party in whose territory they have, or last have, their common residence.
(1) The court of the Contracting Party whose citizens are married is competent to decide on the personal and property situation of the spouses.
(2) Where one of the spouses is a citizen of one Contracting Party and the other is a citizen of the other Contracting Party, the court of the Contracting Party in whose territory the spouses have, or last have, their common residence shall be competent to decide on such matters.
Marriage Divorce
(1) If the two spouses are citizens of one Contracting Party at the time of the application, the court of that Contracting Party shall be competent for divorce proceedings, which shall apply the law of its State. If these 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 in divorce proceedings. In this case, marriage may be abolished only by divorce for reasons and under conditions which are at the same time laid down by the laws of both Parties.
(2) If, at the time of the application, one of the spouses is a citizen of one Contracting Party and another is a citizen of the other Contracting Party, the court of the Contracting Party in whose territory the two spouses are resident shall be competent for divorce proceedings. 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 competent court of the Contracting Party in whose territory the spouse against whom the application is directed is resident. In both cases, marriage may be abolished only by divorce for reasons and under conditions which are also laid down by the laws of both Parties.
Invalidity of marriage
The provisions of Article 26 of this Treaty shall apply mutatis mutandis to determine whether or not a marriage is present and to declare its invalidity.
Legal ratios between parents and children
(1) The determination and denial of paternity and, where appropriate, maternity shall be governed by the law of the Contracting Party whose child was a citizen at the time of birth.
(2) As regards the form of recognition of paternity and, where appropriate, motherhood, it is sufficient to proceed under the law of the Contracting Party in whose territory recognition has taken place.
(3) Other legal relationships between parents and children, in particular the education and nutrition arrangements of the child, shall be governed by the law of the Contracting Party whose citizen is the child.
(4) The authority of the Contracting Party whose citizen is a child and the authority of the Contracting Party in whose territory the child lives shall be competent to decide on the legal circumstances referred to in paragraphs 1 and 3.
Authorisation
(1) Where both the acquirer and the acquirer are citizens of the same Contracting Party, the adoption and withdrawal of the adoption shall be governed by the conditions laid down in the law of that Contracting Party.
(2) Where the acquirer is a citizen of one Contracting Party and the acquirer is a citizen of the other Contracting Party, the conditions laid down in the laws of both Contracting Parties shall be fulfilled for the adoption or withdrawal of the adoption.
(3) In order to decide on the adoption and withdrawal of the adoption referred to in paragraph 1, the competent authority of the Contracting Party whose citizens are both the acquirer and the acquirer are competent; However, if they are resident in the territory of the other Contracting Party, the authority of that Contracting Party shall also be competent. The competent authorities of both Contracting Parties shall be in charge of deciding on the adoption and withdrawal of adoption in accordance with paragraph 2.
Security
(1) In order to decide on the establishment and termination of custody, unless otherwise provided for in this Treaty, the authority of the Contracting Party whose citizen is the guardian shall be competent.
(2) The establishment and termination of custody are governed by the law of the Contracting Party whose citizen is the guardian.
(3) The legal relationship between the guardian and the guardian shall be governed by the law of the Contracting Party whose authority has appointed the guardian.
(4) The obligation to accept the post of guardian shall be governed by the law of the Contracting Party whose citizen is the person to be appointed as guardian.
(5) Decisions in matters of guardianship given by a competent authority of one Contracting Party and concerning its citizens shall be recognised and have legal consequences in the territory of the other Contracting Party.
Where measures are needed to protect the interests of a citizen of a Contracting Party whose residence or property is in the territory of the other Contracting Party, the diplomatic mission or consular post of the Contracting Party concerned shall be notified immediately. In urgent cases, the authority of the other Contracting Party shall take the appropriate interim measures under the law of its State and shall report immediately to the relevant diplomatic mission or consular post. Such measures shall remain in force until the authority competent under Article 30 (1) of this Treaty decides otherwise.
(1) The authority competent under the provisions of Article 30 (1) of this Treaty may delegate custody to the authority of the other Contracting Party if the guardian is resident, resident or property in the territory of that Contracting Party. The delegation shall become effective as soon as the requested authority takes custody and reports to the requesting authority.
(2) The authority which has taken custody under the provisions of paragraph 1 shall keep them under the law of its State. However, that authority shall not be entitled to take decisions relating to the personal status of the guardian.
Property
(1) The form of legal acts is governed by the law governing the legal act itself. However, it is sufficient to follow the legal order in force at the place where the legal act took place as regards the form.
(2) The form of legal acts relating to immovable property is governed by the law of the Contracting Party in whose territory the property lies.
The property rights in question shall be governed by the law of the Contracting Party in whose territory the property is situated and shall be decided upon by the competent authority of that Contracting Party.
Hereditary matters
Principle of equality
(1) Citizens of one Contracting Party may acquire capital or other rights in the territory of the other Contracting Party by inheritance by law or by testament on the same terms and to the same extent as citizens own.
(2) Citizens of one Contracting Party may dispose of wills in their own currency within the territory of the other Contracting Party.
Application of the right of succession
The succession arrangements shall be governed by the law of the Contracting Party whose citizen was the deceased at the time of death.
Death
If, under the laws of the Contracting Party governing the succession, there is no heir, the movable property shall be surrendered to the Contracting Party whose deceased was the deceased at the time of death, the immovable property of the Contracting Party in whose territory the property lies.
The will
(1) Eligibility to establish or revoke a will, as well as the legal consequences of a breach of the will, shall be governed by the law of the Contracting Party whose citizen was the deceased at the time when the will was set up or cancelled.
(2) The form of the will is governed by the law of the Contracting Party whose citizen was the deceased at the time when the will was established. However, it is sufficient if the law of the Contracting Party in whose territory the will has been established has been followed. The same applies to the cancellation of the will.
Jurisdiction in matters of succession
(1) Except in the case referred to in paragraph 4 of this Article, the competent authority of the Contracting Party whose citizen was the deceased at the time of death is to discuss the movable inheritance.
(2) The competent authority of the Contracting Party in whose territory the property is situated shall be to discuss the real estate.
(3) The provisions of paragraphs 1 and 2 also apply to proceedings for succession disputes.
(4) Where the deceased who was a citizen of one Contracting Party has his last residence in the territory of the other Contracting Party, heirs resident or resident in the territory of that Contracting Party may, within six months of the death of the deceased, request that the movable inheritance situated in that territory be discussed by the competent authority of that Contracting Party. If, within three months of notification of such a request, none of the heirs objects, the application shall be granted.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 207 / 1964 Coll., on the Treaty between the Czechoslovak Socialist Republic and the Socialist Federal Republic of Yugoslavia on the regulation of legal relations in civil, family and criminal matters |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.12.1964 |
|---|---|
| Effective from | 02.08.1964 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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