Decree No. 31 / 1959 Coll.
Decree on the Treaty between the Czechoslovak Republic and the People's Republic of Romania on Legal Assistance in Civil, Family and Criminal Matters
Valid
Effective from 20.04.1959
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31
Decree of the Minister for Foreign Affairs
of 30 April 1959
on the Treaty between the Czechoslovak Republic and the Romanian People's Republic on Legal Assistance in Civil, Family and Criminal Matters
On 25 October 1958, the Treaty between the Czechoslovak Republic and the Romanian People's Republic on Legal Assistance in Civil, Family and Criminal Matters was negotiated in Prague.
The National Assembly gave its consent to the Treaty on 11 December 1958 and was ratified by the President of the Republic on 26 February 1959. The instruments of ratification were exchanged in Bucharest on 20 March 1959.
According to Article 79 of the Treaty, the Treaty became effective from 20 April 1959.
The Czech version of the Treaty is published in the Annex to the Collection of Laws. *)
David v. r.
Annex to Decree of the Minister of Foreign Affairs No. 31 / 1959 Coll., on the Treaty between the Czechoslovak Republic and the People's Republic of Romania on Legal Assistance in Civil, Family and Criminal Matters
TREATY
BETWEEN THE CZECH REPUBLIC AND THE ROMANIA REPUBLIC ON LEGAL ASSISTANCE IN CIVIL, FAMILY AND TRESTY MATTERS
President of the Czech Republic
and
the Presidium of the Grand National Assembly of the Romanian People's Republic, led by the desire to consolidate as much as possible the friendly ties between the two countries and nations and to develop cooperation in the field of legal relations, have decided to conclude a contract on legal assistance in civil, family and criminal matters and have appointed their agents to this end:
President of the Czech Republic
Dr. Václav Damage,
the Minister for Justice,
President of the Russian Federation
Vasile Dumitrescu,
Deputy Minister for Foreign Affairs,
who have exchanged power of attorney and found them in good and proper form have agreed on this:
General provisions
Legal protection
1. Citizens and legal persons (hereinafter referred to as "citizens") of one Contracting Party shall enjoy the same legal protection in the territory of the other Contracting Party as regards their rights as personal and property citizens.
2. Citizens of one Contracting Party shall have free and undisturbed access to courts, prosecutors and public notaries (hereinafter referred to as the "judicial authorities'), as well as to other offices of the other Contracting Party whose jurisdiction is civil, family and criminal matters, may appear before them and submit applications and actions under the same conditions as citizens of that Contracting Party.
Provision of legal assistance
1. The judicial authorities of both Parties shall provide each other with legal assistance in civil, family and criminal matters.
2. The judicial authorities shall also provide legal assistance to other authorities under whose jurisdiction the matters referred to in paragraph 1 fall.
Method of contact
1. In providing legal assistance, the judicial authorities of both Contracting Parties shall meet through their central bodies, unless otherwise provided for in this Treaty.
2. Other authorities under whose jurisdiction matters of civil or family law fall shall meet with the judicial authorities of the other Party through the Ministry of Justice.
Scope of legal aid
The Contracting Parties shall provide each other with legal assistance by carrying out individual procedural acts, in particular by procuring, writing and sending documents, by carrying out inspection and seizure, by sending and issuing factual evidence and by carrying out the evidence by experts, by questioning the accused, witnesses, experts, parties and other persons, by carrying out local examination, as well as by delivering documents.
Language used in the provision of legal assistance
1. The judicial authorities and other authorities of the Contracting Parties shall use their Russian or Russian language in their respective contacts.
2. The documents accompanying the request for legal assistance shall be accompanied by a certified translation into the language of the requested Contracting Party.
3. A request for legal assistance shall be made in the language of the requested Contracting Party.
Content of the application for legal aid
The application for legal aid shall contain the following information:
(a) the designation of the applicant authority;
(b) the designation of the requested judicial authority;
(c) an indication of the case in which legal aid is sought;
(d) the names and surnames of the participants, accused, accused or convicted, their nationality, occupation and residence or residence; for legal persons, the name and registered office;
(e) the names, surnames and addresses of their representatives;
(f) the necessary information on the subject matter of the request and, in criminal matters, a description of the offence.
Treatment procedure
1. When processing a request for legal aid, the requested authority shall apply the legislation of its State. Upon request, the requested authority may apply the rules of procedure of the requesting Contracting Party, unless they are contrary to the law of its State.
2. If the requested authority is not competent to handle the request, it shall forward the request to the competent authority on its own initiative and inform the requesting authority thereof.
3. If requested, the requested authority shall inform the requesting authority in due time when and where the request for legal assistance will be dealt with.
4. The requested authority shall send the requesting authority the relevant documents after the request has been made. If legal aid cannot be provided, the requested authority shall return the documents to the requesting authority and shall at the same time communicate to it obstacles to the processing of the request.
Form of documents
The documents sent under this Treaty shall bear the official seal.
Untouchability of witnesses and experts
1. A witness or expert who appears before the Office of the requested Contracting Party on a summons shall not be prosecuted or brought into custody in the territory of the requesting Contracting Party, regardless of his nationality, nor shall he be punishable for an offence committed prior to crossing the national borders.
2. However, this guarantee shall be forfeited by a witness or expert if he does not leave the territory of the requesting Contracting Party within a week after the hearing office has informed him that his presence is no longer necessary. Within that period, no account shall be taken of the period during which a witness or expert could not leave the territory of the requesting Contracting Party for reasons which are not at his will.
Service of documents
1. The requested judicial authority shall service the documents in accordance with the legal provisions in force in its territory if those documents are written in its language or if they are accompanied by a certified translation. Otherwise, the requested judicial authority shall deliver the documents to the addressee only if it is willing to accept them voluntarily.
2. The translation verification shall be carried out by an official interpreter or the requesting office or diplomatic representative or consular office of one Contracting Party.
3. The request for notification shall contain the exact address of the consignee and the indication of the document to be served.
4. If service to the address indicated in the application cannot be effected, the requested judicial authority shall, on its own initiative, take the necessary measures to establish the address.
Proof of service
A document of service shall be issued in accordance with the rules on service of documents in force in the territory of the requested Contracting Party.
Service of documents to their own national citizens
The two Contracting Parties shall be entitled to service documents to their own nationals by their diplomatic representations or consular offices.
Power of proof
1. The documents which have been established or certified in the territory of one Contracting Party by a State authority or an official in its field of competence in the form laid down by the laws in force and which have been sealed shall have the power of proof in the territory of the other Contracting Party without further verification. This also applies to signatures which are verified under the laws of one Contracting Party.
2. The acts which are considered to be public in the territory of one Contracting Party shall also have the power of proof in the territory of the other Contracting Party.
Legal aid costs
1. The requested Contracting Party shall not require reimbursement of the costs arising from the provision of legal aid. The Contracting Parties shall themselves bear all costs arising from the provision of legal assistance in their territory, including costs relating to the carrying out of evidence.
2. The requested judicial authority shall notify the requesting authority of the amount of costs incurred. If the applicant authority collects these costs from the person liable for reimbursement, they shall remain with the Contracting Party whose Office has selected them.
Refusal of legal aid
Legal aid may be refused if its provision could affect the socio-economic establishment of the requested Contracting Party.
Information on legal issues
The Ministry of Justice and the Prosecutor General of both Parties shall provide each other, upon request, with information on legal matters.
Specific provisions
Legal aid in civil and family matters
Costs
State citizens of one Contracting Party who appear before the courts of the other Contracting Party if they are resident in the territory of one of the two Contracting Parties may not be required to lodge a defence guarantee on the ground that they are foreigners or do not reside, reside or reside in the territory of the Contracting Party to which the requested court belongs.
Citizens of one Contracting Party shall enjoy in the territory of the other Contracting Party exemption from fees and other costs, as well as free legal assistance, to the same extent and under the same conditions as their own citizens.
1. Confirmation of personal circumstances as well as of family, earnings and property circumstances necessary for exemption from fees and other costs shall be issued by the competent authority of the Contracting Party in whose territory the applicant is resident or resident.
2. If the applicant is not resident or resident in the territory of either Contracting Party, a certificate issued or certified by the diplomatic representative or the consular office of his State shall suffice.
3. The authority to decide on a request for exemption from fees and other costs may request further information.
1. A citizen of one Contracting Party who wishes to apply for exemption from fees and other costs as well as for free legal assistance from the competent authority of the other Contracting Party may lodge the request orally with the judicial authority responsible for his residence or residence. The Office shall draw up the minutes and send them together with the documents referred to in Article 19 (1) of this Treaty to the judicial office of the other Contracting Party.
2. At the same time as the application for exemption from fees or other costs, an application may be sent for the initiation of an action or other proceedings as well as other documents submitted by the appellant.
Personal status and family law
Legal capacity of the person
The legal capacity of the person shall be governed by the law of the Contracting Party to which the person is a citizen.
Marriage
1. The form of marriage shall be governed by the law of the Contracting Party in whose territory the marriage is concluded.
2. Marriage may also be concluded before a diplomatic or consular representative, provided that the two fiancé are citizens of a Contracting Party belonging to a diplomatic or consular office. In this case, the form of marriage shall be governed by the law of the Contracting Party which belongs to the diplomatic representative or consular post.
3. Eligibility of marriage (basic conditions for marriage) shall be governed by the law of the Contracting Party to which it is a citizen for each of the fiancé.
Personal and property ratios of spouses
1. The personal and property conditions of spouses shall be governed by the law of the Contracting Party to which they are citizens.
2. Where 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 arrangements shall be administered by the legal order of the Contracting Party in whose territory the spouses are residing.
3. Where, in the case referred to in paragraph 2, one spouse resides in the territory of one Contracting Party and the other spouse resides in the territory of the other Contracting Party, their personal and property circumstances shall be administered by the legal order of the Contracting Party in whose territory the spouses have their last common residence.
Distribution
1. If both spouses have citizenship of one Contracting Party and reside in the territory of the other Contracting Party at the time of the application for divorce, divorce shall be administered by the law of the Contracting Party whose citizens they are. The courts of both Contracting Parties shall have jurisdiction. However, where one of the spouses resides in the territory of one Contracting Party at the time of the application for divorce and the other spouse resides in the territory of the other Contracting Party, the competent courts of that Contracting Party whose citizens they are.
2. If, at the time of the filing of the divorce application, one husband is a citizen of one Contracting Party and the other husband is a citizen of the other Contracting Party and either resides in the territory of the same Contracting Party or one 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 responsible for the divorce. The courts shall apply the law of their State.
Invalidity of marriage
1. The determination that there is no marriage (finding of invalidity) or the annulment of a marriage for breach of the form of conclusion shall be governed by the law in force at the place where the marriage was concluded, but in the event of the conclusion of the marriage referred to in Article 22 (2), by the law of a Contracting Party belonging to the diplomatic representative or consular post.
2. The determination that there is no marriage (determination of invalidity) or invalidity (annulment) of marriage due to a lack of capacity to marry (breach of the basic conditions for marriage) shall be based on the legal order to be applied pursuant to Article 22 (3).
3. Article 24 shall apply mutatis mutandis to the determination of jurisdiction.
Legal ratios between parents and children
In cases of denial, as well as the finding of paternity and denial as well as the finding of maternity, as well as the determination of whether a child comes from a given marriage, the law of the Contracting Party whose citizen is a child shall apply.
The legal situation between a child born outside a marriage and his mother on one side and his father on the other shall be governed by the law of the Contracting Party whose citizen is the child.
1. The courts of the Contracting Party whose child is a citizen shall be responsible for the decisions of cases relating to the legal circumstances referred to in Articles 26 and 27.
2. Where both the appellant and the respondent are resident in the territory of the same Contracting Party, the courts of that Contracting Party shall also be responsible, while maintaining the provisions of Article 26 or 27.
Declaration for missing or dead
1. The competent judicial authorities of the Contracting Party whose citizen was that person at the time when, according to the most recent reports, he was still alive are responsible for declaring a person missing or dead and for proceedings on evidence of death.
2. However, the judicial authorities of a Contracting Party, at the request of persons residing in its territory, shall be responsible for declaring them missing or dead or for carrying out proceedings for proof of the death of a citizen of the other Contracting Party, provided that, under the law applicable to the judicial authority to which they apply, they have the right to make such a request.
3. In matters referred to in paragraphs 1 and 2, the judicial authorities of the Contracting Parties shall apply the law of their State.
Obligations and custody
1. In matters of custody and custody of the citizens of the Contracting Parties, unless otherwise provided for in this Treaty, the authorities of the Contracting Party whose citizen is the person to be established for the protection or custody.
2. The establishment or termination of the custody or custody shall be governed by the law of the Contracting Party whose citizen is the person to be established for the custody or custody.
3. The legal situation between the guardian or guardian and the guardian shall be governed by the law of the Contracting Party to which the Office which has established the custody or custody belongs.
4. The obligation to accept custody or custody shall be governed by the law of the Contracting Party whose citizen is the person to become guardian or guardian.
1. Where custody or custody measures are taken to protect the interests of a citizen of a Contracting Party whose residence, residence or property is in the territory of the other Contracting Party, the Office of that Contracting Party shall, without delay, inform the competent authority referred to in Article 30 (1).
2. In urgent cases, the Office of the other Contracting Party may take action itself under its own law, but it shall immediately inform the competent authority referred to in Article 30 (1). Such measures shall remain in force until another decision of that Office.
1. The competent authority referred to in Article 30 (1) may delegate custody or custody to the office of the other Contracting Party if the protégé is resident, resident or property in the territory of that Contracting Party. The transfer of custody or custody shall become effective when the requested authority takes over custody or custody and informs the requesting authority thereof.
2. The Office which has assumed custody or custody under paragraph 1 shall keep them in accordance with the law of its State. It shall, however, enjoy the rights of a Contracting Party whose citizen is a protégé as regards eligibility for rights and obligations or legal capacity. He shall not be entitled to decisions relating to his personal status.
Authorisation
(1) The authorisation and its termination, the finding of invalidity or revocation shall be governed by the law of the Contracting Party whose citizen is the acquirer at the time of adoption, termination, determination of invalidity or withdrawal of adoption.
2. If the child is a citizen of the other Contracting Party, it is necessary for the adoption and acceptance of that Contracting Party. If necessary under the legal order of this Contracting Party, consent of the insurer, his legal representative or the deputies shall be sought.
3. Where a child is adopted by spouses, one of whom is a citizen of one Contracting Party and the other a citizen of the other Contracting Party, the adoption, termination, determination of invalidity or withdrawal of adoption by the laws of both Contracting Parties shall be administered.
4. In the case of adoption, as well as the termination, determination of invalidity or revocation of adoption, the competent authority of the Contracting Party whose citizen is the adopter at the time of adoption, termination, determination of invalidity or revocation of adoption shall be the competent authority of the Contracting Party. In the case referred to in paragraph 3, the competent authority of the Contracting Party in whose territory the spouses have, or have, their common residence or residence.
Transmission of matrices and other documents
1. The authorities of one Contracting Party shall, at the request of the authorities of the other Contracting Party, send, through their central authorities, extracts from the register, school certificates and working documents of the citizens of the requesting Contracting Party.
2. The information required shall be indicated in the application. Documents shall be drawn up in the language of the requested Contracting Party and sent free of charge.
Provisions on succession
Principle of equality
1. Citizens of one Contracting Party shall be entitled to establish or revoke a testament to property which is in the territory of the other Contracting Party or to rights to be exercised there, as well as to acquire the inheritance or by reference to such property or rights, equal to the citizens of the other Contracting Party. Property and rights shall be transferred to them under the conditions laid down for their own citizens living in the territory of this Contracting Party.
2. A certificate of succession, in particular a certificate of inheritance or a certificate of the executor of a will issued by the competent authority of one Contracting Party, shall have the same powers of proof in the territory of the other Contracting Party.
Hereditary law
1. The succession of movable property shall be governed by the law of the Contracting Party whose citizen was the deceased at the time of death.
2. The succession of immovable property shall be governed by the law of the Contracting Party in whose territory the immovable property is situated.
Death
The movable death shall belong to the State of which the deceased was a citizen at the time of death, and to the State of which the property is situated.
The will
1. The eligibility of the establishment or cancellation of the will, as well as the legal effects of the fault of the will, shall be governed by the law of the Contracting Party whose citizen was the deceased at the time of the establishment or cancellation of the will. These legal rules are also relevant for determining which types of acquisition are permitted in the event of death.
2. The form of establishment and cancellation of wills shall be governed by the law of the Contracting Party whose citizen was the deceased at the time of establishment or cancellation of wills; However, it is sufficient to maintain the form of the legal order of the Contracting Party in whose territory such acts have been taken.
Jurisdiction in matters of inheritance
(1) The opening and further proceedings for the consideration of the movable inheritance shall be without prejudice to the provisions of paragraph 4 to the judicial authorities of the Contracting Party whose citizen was the deceased at the time of death.
2. The opening and further proceedings for the negotiation of the immovable property shall be the responsibility of the judicial authorities of the Contracting Party in whose territory they are situated.
(3) Paragraphs 1 and 2 shall apply mutatis mutandis to the determination of jurisdiction in succession disputes.
4. Where the whole of the movable inheritance is a citizen of one Contracting Party in the territory of the other Contracting Party and all the heirs and references agree to this, they shall, on application by any of them or by any other person who has the right to inherit, transfer the power to consult the judicial authorities of that other Contracting Party.
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Regulation Information
| Citation | Decree No. 31 / 1959 Coll., on the Treaty between the Czechoslovak Republic and the People's Republic of Romania on Legal Assistance in Civil, Family and Criminal Matters |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.06.1959 |
|---|---|
| Effective from | 20.04.1959 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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