Decree No. 33 / 1959 Coll.
Decree on the Convention on the Enforcement of Maintenance in Foreign Affairs
Valid
Effective from 02.11.1958
33
Decree of the Minister for Foreign Affairs
of 5 May 1959
concerning the Convention on the Enforcement of Maintenance in Foreign Affairs
On 20 June 1956, the Convention on the Enforcement of Maintenance in Foreign Affairs was signed in New York.
The Convention pursuant to Article 14 entered into force on the 30th day following the deposit of the three instruments of ratification, namely on 25 May 1957.
The Government approved the Convention on 23 April 1958 and the President of the Republic ratified it on 8 September 1958. The Czechoslovak access document to the Convention was deposited with the Secretary-General of the United Nations on 3 October 1958.
The Convention pursuant to Article 14 came into force for the Czechoslovak Republic on the 30th day following the deposit of the instrument of accession, i.e. 2 November 1958.
In addition to the Czechoslovak Republic, the following countries are still bound by the Convention: Ceylon, Haiti, Italy, Israel, Morocco, Norway, Sweden and Guatemala.
The Czech translation of the Convention is published in the Annex to the Collection of Laws. * *)
David v. r.
Annex to Decree of the Minister for Foreign Affairs No 33 / 1959 Coll., on the Convention on the Enforcement of Maintenance in Foreign Affairs
CONVENTION ON THE EXEMPTIONS OF EXEMPTIONS
Preamble
Bearing in mind the need for an accelerated solution to the human question arising from the fact that the necessary persons are dependent on persons staying abroad by their nutrition,
bearing in mind that the proceedings for maintenance or enforcement of claims abroad give rise to major legal and practical difficulties,
being determined to create means to address such issues and to overcome these difficulties
the Parties agree on the following provisions:
Purpose of the Convention
1. The purpose of this Convention is to facilitate the recovery of a maintenance person, hereinafter referred to as "the applicant ', who lives in the territory of one of the Contracting Parties and who claims against another, hereinafter referred to as" the defendant', who is subject to the jurisdiction of another Contracting Party. This purpose is to be achieved through authorities called "consignors" and "receiving" authorities.
2. The funds provided for in this Convention do not replace but complement all the means provided by national or international law.
Designation of authorities
1. Each Contracting Party shall designate one or more judicial or administrative offices which are to act on its territory as the sending authority at the time when the instruments of ratification or accession are deposited.
2. Each Contracting Party shall designate, at the time of deposit of the instruments of ratification or accession, a public or private body to act as a receiving authority in its territory.
3. Each Contracting Party shall notify the Secretary-General of the United Nations without delay of its measures taken pursuant to paragraphs 1 and 2 and of any changes that would arise in this respect in the future.
4. The sending and receiving authorities may be in direct contact with the sending and receiving authorities of the other Contracting Parties.
Submission of an application to the sending authority
1. Where the appellant lives in the territory of a Party, the State of the appellant and the respondent shall be subject to the jurisdiction of another Party, the State of the respondent, the appellant may apply to the transmitting authority of his State for the recovery of maintenance from the respondent.
2. Each Contracting Party shall inform the Secretary-General of the documents normally required under the law of the State of the beneficiary authority to demonstrate maintenance claims, the manner in which the evidence is to be presented and the other requirements to be met under this law.
3. The application shall be accompanied by all documents relating to the case, which shall include, where necessary, a power of attorney for the receiving authority to act on behalf of the applicant or to appoint another person to act on behalf of the applicant. The application shall also be accompanied by a photograph of the applicant and, where possible, a photograph of the opponent.
4. The sending authority shall take all appropriate steps to ensure that the requirements of the State of the receiving authority are complied with; Subject to the provisions of this Act, the application shall contain:
(a) the full name, address, date of birth, citizenship and employment of the applicant and the name and, where applicable, address of his legal representative;
(b) the full name of the defendant and, if known to the applicant, his address in the last five years, date of birth, citizenship and employment;
(c) a detailed explanation of the reasons and subject matter of the application as well as any other relevant information concerning, for example, the property and family circumstances of the applicant and the defendant.
Submission of documents
1. The sending authority shall send the documents to the receiving authority of the opposing State unless it is satisfied that the request is dishonest.
2. Before sending such documents, the sending authority shall satisfy itself that they are in proper form under the law of the appellant's State.
3. The sending authority may inform the receiving authority of its opinion on the merits of the application and may recommend that the applicant be granted free legal aid and that he be exempted from the fees.
Sending of judgments and other judicial files
1. The sending authority shall, at the request of the applicant, send, in accordance with the provisions of Article 4, any decision, final or provisional, as well as any other judicial measure relating to the payment of maintenance received by the applicant, to the competent court of a Contracting Party and, where necessary and possible, a record of the conduct at which such decision has been given.
2. Decisions and judicial measures referred to in the preceding paragraph may be sent instead of the documents referred to in Article 3 or supplemented by such documents.
3. The proceedings referred to in Article 6 may include, in accordance with the law of the defendant State, proceedings for the issue of exequatur or for registration or for the filing of a new application based on a decision submitted pursuant to paragraph 1.
Activity of the receiving authority
1. The receiving authority, acting within the limits of the authority given to it by the appellant, shall take on its behalf all the steps necessary for the recovery of maintenance, including reconciliation and, if necessary, bring an action and conduct maintenance proceedings and take the necessary steps to implement the judgment, regulation or any other judgment relating to the payment of maintenance.
2. The receiving authority shall keep the sending authority informed. If it is not possible to act on the matter, it shall inform the exporting authority of the reasons preventing it and return the documents.
3. Notwithstanding any provision of this Convention, any questions arising in connection with any action or proceedings under the law of the State of the Opponent and, in particular, by international private law of that State shall be governed by the law of that State.
Request
Where the laws of the two Contracting Parties concerned permit an application, the following provisions shall apply:
(a) the court hearing maintenance proceedings may send an application for further evidence and documents either to the competent court of the other Party or to any other authority or authority designated by the other Party within the territory of which the application is to be executed;
(b) in order for the parties to participate or to be represented, the requested authority shall inform the receiving and disputing authority concerned of the time and place at which the requested action is to take place;
(c) the request is to be made with the greatest speed; if the request is not completed within 4 months of its delivery to the requesting authority, the requesting authority shall be informed of the reasons for which the request has not been completed or for which its execution has been delayed;
(d) no payment of legal fees or charges of any kind shall be required for the service;
(e) the execution of the request may be refused only:
1. where the veracity of the documents is not doubtful;
2. if the Contracting Party in whose territory the application was to be made considers that it would jeopardise its sovereignty or security.
Amendments to judicial decisions
The provisions of this Convention shall also apply to requests to amend legal decisions in respect of maintenance matters.
Exemptions and exemptions
1. In proceedings conducted under this Convention, the appellants shall be treated in the same way and shall benefit from the same relief from payment of fees and charges as the citizens of the State where the proceedings are conducted.
2. The appellants may not be required to provide a guarantee or to deposit a cash amount or deposit as a cost guarantee or other guarantee on the grounds that they are foreigners or are not residents.
3. The sending or receiving authorities shall not impose any charges for services demonstrated in accordance with the provisions of this Convention.
Cash transfer
The Contracting Parties under whose laws the transfer of cash to a foreign country is restricted shall, as a priority, allow cash transfers intended to pay maintenance or to cover expenses arising from any procedure under this Convention.
Provisions on federal States
In the case of a federal or non-uniform State, the following provisions shall apply:
(a) as regards the Articles of this Convention, the implementation of which falls under the legislative power of the federal legislature, the Federal Government shall be bound to the same extent as those Parties which are not federal States;
(b) as regards the Articles of this Convention, the implementation of which falls under the legislative power of the sub-States, provinces or cantons which are not obliged under the Federal Constitution to take legislative measures, the Federal Government shall notify the competent authorities of the sub-States, provinces or cantons as soon as possible, with a positive recommendation;
(c) the Federative State which is a Contracting Party to this Convention shall, at the request of any other Contracting Party, by means of the Secretary-General, provide information on the rules and practices of the Federation and its parts concerning any provisions of the Convention and indicating to what extent those provisions have been implemented by legal or other measures.
Scope of territorial validity
The provisions of this Convention shall apply or shall be applicable equally in all non-separate territories, trust or other territories for whose international relations the Contracting Party is responsible, unless that Contracting Party, when ratifying or acceding to this Convention, declares that this Convention shall not apply to one or more such territories. Any Contracting Party which has made such a declaration may at any time at a later date extend the obligations of the Convention to such territories or to any of them, by a notification made to the Secretary-General.
Signature, ratification and access
1. This Convention shall be open for signature by 31 December 1956 for all Member States of the United Nations, for all non-Member States which have signed the Statutes of the International Court of Justice or are members of professional organisations, as well as for all other non-Member States which have been invited by the Economic and Social Council to become members of the Convention.
2. The Convention shall be ratified. The instruments of ratification shall be deposited with the Secretary-General.
3. Any State referred to in paragraph 1 of this Article may accede to this Convention at any time. The instruments of access shall be deposited with the Secretary-General.
Efficacy
1. This Convention shall enter into force on the 30th day following the date of deposit of the third instrument of ratification or accession referred to in Article 13.
2. The Convention shall enter into force on the 30th day following the deposit of the instrument of ratification or accession for each State which ratifies or accedes to the Convention.
Termination of the Convention
1. Each Contracting Party may terminate this Convention by notifying the Secretary-General. The denunciation may also be made for some or all of the territories referred to in Article 12.
2. The denunciation shall enter into force one year after the date on which it is notified to the Secretary-General, except that it shall not apply to cases pending on the effective date of the denunciation.
Dispute settlement
If there is a dispute between the Parties concerning the interpretation or application of this Convention and the dispute has not been resolved otherwise, it shall be brought before the International Court of Justice. The dispute shall be submitted either by means of a notification of a special agreement or by means of a unilateral application by one of the parties to the dispute.
Reservations
1. In the event that a State, when ratifying or depositing an instrument of accession, raises a reservation on an article of this Convention, the Secretary-General shall notify the text of the reservation to all States which are members of this Convention and to the other States referred to in Article 13. Any Contracting Party which does not accept this reservation may, within 90 days of notification of the reservation, inform the Secretary-General that it does not accept the reservation; in that case, the Convention shall not enter into force between the State which raised the objection and the State which made the reservation. Any State which accedes to the Convention at a later date may make such a declaration in its approach.
2. Each Contracting Party may at any time withdraw the reservation previously made, which shall inform the Secretary-General thereof.
Mutual
A Contracting Party may rely on the provisions of the Convention in relation to other Contracting Parties only to the extent that it is itself bound by the Convention.
Notification by the Secretary-General
1. The Secretary-General shall inform all the Member States of the United Nations and the non-Member States referred to in Article 13:
(a) the reports referred to in Article 2 (3);
(b) information received pursuant to Article 3 (2);
(c) the notifications and declarations made in accordance with Article 12;
(d) the signatures, ratifications and accesses referred to in Article 13;
(e) the date on which the Convention enters into force pursuant to Article 14 (1);
(f) statements made pursuant to Article 15 (1);
(g) the reservations and declarations made pursuant to Article 17.
2. The Secretary-General shall also inform all Contracting Parties of requests for revision and replies to such requests within the meaning of Article 20.
Revision
1. Each Contracting Party may at any time request a revision of this Convention by a notification addressed to the Secretary-General.
2. The Secretary-General shall send such notification to each Contracting Party with a request to inform it within 4 months whether he requests a conference to discuss the proposed revision.
If a majority of the Contracting Parties agree to convene a conference, the Secretary-General shall convene it.
Establishment of the Convention and languages
The original of this Convention, the texts of which are equally authentic in the English, Chinese, French, Russian and Spanish languages, shall be deposited with the Secretary-General, who shall send certified copies to all the States referred to in Article 13.
On page 28.
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Regulation Information
| Citation | Decree No. 33 / 1959 Coll., on the Convention on the Enforcement of Maintenance in Foreign Affairs |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.06.1959 |
|---|---|
| Effective from | 02.11.1958 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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