Decree of the Ministry of Foreign Affairs No. 38 / 1957 Coll.
Declaration on the Treaty between the Czechoslovak Republic and the German Democratic Republic on legal relations in civil, family and criminal matters with the Final Protocol
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Effective from 05.07.1957
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38
Order
Minister for Foreign Affairs
of 28 June 1957
on the Treaty between the Czechoslovak Republic and the German Democratic Republic on legal relations in civil, family and criminal matters with the Final Protocol.
The Treaty between the Czechoslovak Republic and the German Democratic Republic on legal relations in civil, family and criminal matters with the Final Protocol, signed in Prague on 11 September 1956, was approved by the Government on 12 December 1956 and on 6 March 1957 by the National Assembly. It was ratified on 13 April 1957 by the President of the Republic.
The instruments of ratification were exchanged in Berlin on 5 June 1957.
This Treaty shall enter into force under Article 81 of the Treaty on the month following the replacement of the instruments of ratification and shall therefore enter into force on 5 July 1957.
The original Czech version of the Treaty is published in the Annex to the Collection of Laws. *)
David v. r.
TREATY
between the Czechoslovak Republic and the German Democratic Republic on legal relations in civil, family and criminal matters
President of the Czech Republic
and
President of the German Democratic Republic
Desiring that friendly ties between the two countries and their peoples should be consolidated and that their policy of peaceful construction and the consolidation of world peace should also be strengthened in the field of legal cooperation, they have decided to conclude a Treaty on legal relations in civil, family and criminal matters.
To this end, they appointed their agents:
President of the Czech Republic
Minister for Foreign Affairs
Václav David,
President of the German Democratic Republic
Deputy Prime Minister and Minister for Foreign Affairs,
Dr. Lothar Bolz,
who, having exchanged their powers of attorney and found them in good and proper form, agreed on the following provisions:
General provisions
Legal protection
(1) Members of one Party (physical and legal persons, established under the laws of one Party) enjoy the same legal protection in the territory of the other Party in respect of persons and property as their own members.
(2) They have free and undisturbed access to the judicial and other offices of the other Party which operate in civil, family and criminal matters; may appear before them and submit proposals under the same conditions as members of the other Party.
Provision of legal assistance
(1) Courts, state notaries and prosecutors of both Parties (hereinafter referred to as judicial authorities) provide each other with legal assistance in civil, family and criminal matters.
(2) The judicial authorities also provide legal assistance to other authorities active in civil and family matters.
Method of contact
(1) In providing legal assistance, the judicial authorities of both Parties shall meet directly, unless otherwise specified in each case.
(2) The offices referred to in Article 2 (2) shall meet directly with the judicial authorities unless otherwise specified in each case.
Scope of legal aid
The Parties shall provide each other with legal assistance by carrying out individual procedural acts, in particular by procuring and sending files and documents, by withdrawing, sending and issuing items, by carrying out evidence (witnesses, parties, accused persons, etc.), by judicial examination, expert opinion and inspection, as well as by handling requests for service.
Modification of documents
(1) Documents sent to each other by the authorities for the provision of legal assistance must be sealed.
(2) The Parties shall use the bilingual forms which they shall communicate to each other when requesting legal assistance.
Form and content of legal aid
(1) The application for legal aid must contain the following information:
(a) the designation of the applicant authority;
(b) the designation of the requested authority;
(c) a case in which legal aid is sought;
(d) the names of the participants, accused or convicted, their citizenship, occupation and residence, and, where appropriate, their place of residence;
(e) the names and addresses of the legal representatives;
(f) the necessary details of the subject matter of the request.
(2) In addition, the request for notification shall contain the exact address of the consignee and the name of the document served.
Treatment procedure
(1) The requested judicial authority shall apply national rules when handling legal aid. However, if requested by the requesting authority, it may make use of different rules of procedure, provided that they do not contravene the enforcement provisions of domestic law.
(2) If the requested judicial authority is not competent, it shall forward the files to the competent judicial authority and inform the requesting authority thereof.
(3) If requested, the requested judicial authority shall inform the requesting authority in due time when and where the requested action of legal assistance will be carried out.
(4) The requested judicial authority shall return the files to the requesting authority or inform the requesting authority of the impediment to the execution of the request for legal assistance.
Safe parade for witnesses and experts
(1) A witness or expert who voluntarily appears before the authorities of the requested Party to be served by the authorities of the requested Party, shall not be prosecuted, regardless of his nationality, in that territory or in custody for an offence committed prior to crossing the border. For such an offence, the witness or expert may also not be punished in the territory of the requesting Party.
(2) However, such privileges shall be forfeited by the witness or expert, if he has not left, although he may have done so, within a week of being informed by the interrogating office that his presence is no longer necessary.
Request for notification
(1) The requested judicial authority shall arrange for service in accordance with the rules applicable to the service of domestic documents where the document served is written in the language of the requested judicial authority or accompanied by a certified translation into that language. Otherwise, the requested judicial authority shall forward the document to the addressee if it is willing to accept it voluntarily.
(2) The translation of documents into the language of the requested Party shall be verified by the requesting or designated interpreter or the requesting authority or by the diplomatic or consular representative of the requesting or requested Party.
(3) If service to the address indicated in the application cannot be arranged, the requested judicial authority shall, on its own initiative, take the necessary measures to establish the address. If it is not possible to establish the address of the requested judicial authority, it shall inform the requesting authority accordingly by returning the documents to be served.
Proof of service
The proof of service shall be made in accordance with the provisions on the service of domestic documents.
Delivery to own nationals
(1) The parties are entitled to service their own nationals by their diplomatic or consular authorities.
(2) Forced means cannot be used when delivering this type.
Verification of documents
(1) The acts which have been established or validated in the territory of one Party by a State authority or a person who is endowed with public faith in the field of competence prescribed by it in the prescribed form and which have been provided with official seals do not require any further verification or legalisation for use in the territory of the other Party. The same applies to signatures certified under the regulations of one of the Parties.
(2) The instruments which pay for authentic instruments in the territory of one Party also benefit from authentic instruments in the territory of the other Party.
Legal aid costs
(1) The requested Party shall not claim reimbursement for the provision of legal assistance. The Parties shall bear all issues and costs arising from the granting of legal assistance in their territory.
(2) The requested judicial authority shall notify the applicant authority of the amount of extradition and costs incurred. If the applicant authority collects these issues and costs from the person liable for reimbursement, they shall remain the Party which selected them.
Refusal of legal aid
Legal aid may be refused if its execution could jeopardise the sovereign rights or security of the requested Party.
Information on legal issues
The Ministers of Justice and the Attorney General shall provide each other, at their direct request, with information on the law applicable or applicable in their State.
Language
The authorities of the Parties use their own language or Russian language in mutual contact.
Legal assistance in civil matters
Costs
Members of one Party who appear before the courts of the other Party as participants if they reside in the territory of one Party may not be placed under any indication of the lodging of a security for the costs of the proceedings solely because they are foreigners or because they are neither resident nor resident in the country.
(1) If an obligation to pay legal or extrajudicial costs has been imposed on a party exempted under Article 17 by a final decision in the territory of one Party, the decision on the costs to be reimbursed by the Party to be replaced shall allow the application by the competent court in the territory of the other Party free of charge of execution (the enforcement clause shall be granted free of charge).
(2) The costs of certification, translation and verification referred to in Article 19 shall also be the judicial costs within the meaning of paragraph 1.
(3) The decisions referred to in paragraph 1 also include a resolution on the determination of costs.
(1) The Court of First Instance, which shall act pursuant to Article 18, shall examine whether:
(a) the decision on the basis of which the execution is to be carried out shall be accompanied by a statement of the power of attorney and enforceability;
(b) a translation of the part of the decision determining the amount of the costs and the translation of the documents referred to in (a) is attached.
(2) The decision shall be taken without prior hearing of the parties. The decision shall be subject to appeals, which shall be known to the law applicable to the determining court.
(3) The cost of the translation referred to in paragraph 1 (b) will form part of the execution costs.
(1) The proposals referred to in Article 18 (1) are decided by the People's Courts (Regional Courts).
(2) Such proposals may also be submitted:
(a) the court which has given the decision on costs;
(b) in the court which decided in the first chair.
(3) If the application is lodged before one of the courts referred to in paragraph 2, it shall be referred to the competent court of the other Party.
(4) An application for authorisation of execution (declaration of enforceability) may be accompanied by an application for execution.
(1) If there is a claim for recovery of the legal costs due, the court which was active in the first storehouse, the court of the Party with which the claim for reimbursement was made, shall request the local People's Court (Regional Court) of the other Party to recover the costs. Enforcement shall be carried out in accordance with the rules applicable to the requested court. That court shall, in accordance with the provisions in force, provide the requesting court with the proof of the amount obtained.
(2) The following must be added to the request:
(a) proof of judicial costs;
(b) a certificate of legal authority and the enforceability of decisions on costs;
(c) certified translations of the documents referred to in (a) and (b).
(3) Article 19 (2) and (3) shall also apply here.
(4) This provision shall apply mutatis mutandis to the recovery of fees and costs incurred in proceedings before a public notary.
Members of one Party shall be granted exemption from fees and advances on the territory of the other Party under the same conditions and to the same extent as domestic.
(1) Confirmation of personal circumstances as well as of family, earnings and assets shall be issued by the competent authority of the Party in whose territory the applicant is resident or resident.
(2) If the applicant does not have any of the Parties, his residence or residence, a certificate issued by the competent diplomatic or consular office of his State shall be sufficient.
(3) The judicial authority which decides on the application for exemption from fees and advances may request further clarification from the authority which issued the certificate.
(1) A member of one Party wishing to propose exemption from fees and advances at the judicial office of the other Party may declare such a proposal in a record with the judicial authority responsible for his residence or residence. The Office shall forward the report together with the certificate referred to in Article 23 (1) and the other documents submitted by the appellant to the competent judicial authority of the other Party.
(2) At the same time as the application for exemption from judicial fees and advances may be submitted to the Protocol, a proposal may be made to initiate the relevant procedure.
Provisions of personal and family law
Eligibility for legal acts
The legal capacity of a person shall be governed by the law of the Party of which he is a national.
Declaration for the Dead
(1) The court of the Party of which the person was a member at the time when, according to the most recent reports, he was still alive shall be responsible for declaring a person dead or in proceedings concerning evidence of death (time of death).
(2) The court of one Party may declare a member of the other Party dead:
(a) on application by a person who wishes to claim the inheritance or matrimonial right of property to a missing person who is in the territory of that Party; or
(b) on the proposal of the spouse of the missing person, if he is resident in the territory of the Party at the time of the application.
(3) The declaration of the missing person's death shall be governed by the law of the Party of which he was a member at the time when he was last reported to be alive.
Recognition of decisions in matrimonial matters
(1) The applicable judgments of the courts of one Party in matrimonial matters shall be effective in the territory of the other Party without any recognition procedure if at least one of the spouses was a member of the Party in whose territory a decision-making court is situated and no court in the territory of the other Party has previously taken a final decision on the matter.
(2) Paragraph 1 shall also apply to decisions taken before the entry into force of this Treaty.
Denial and detection of paternity
The question of whether a child comes from marriage is to decide according to the legal order of the Party whose citizenship the child has acquired by birth.
The legal situation between a child born outside a marriage and his mother, on the one hand, and a father, on the other hand, shall be governed by the legal order of the Party whose citizenship has acquired the child by birth.
The competent court of the Party whose legal order is applicable pursuant to Articles 28 and 29 shall deny and establish paternity. If the applicant and the defendant are resident in the territory of the same Party, the court of that Party shall also have jurisdiction.
Obligations and custody
(1) The competent authorities of the Party whose national is a protégé are, unless otherwise specified, in the custody and custody of members of the Parties.
(2) The legal relationship between the guardian or guardian on the one hand and the protégé on the other shall be governed by the law of the Party whose office has established the guardian or guardian.
(1) Where there are necessary custody and custody measures in the interests of a person whose residence, residence or property is in the territory of the other Party, the Office of that Party shall, without delay, inform the competent authority referred to in Article 31 (1).
(2) In cases of urgency, the Office of the other Party may take action itself, but it shall inform the authority competent pursuant to Article 31 (1) without delay. Such measures shall remain in force until another decision of that Office.
(1) The Office competent pursuant to Article 31 (1) may transfer custody or custody to the office of the other Party if the protégé has his residence, residence or property in the territory of that Party. The transfer shall become effective when the requested authority has expressly assumed custody or custody and shall inform the requesting authority accordingly.
(2) The Office which has become competent pursuant to paragraph 1 shall maintain custody or custody under the laws of its State. However, it shall enjoy, as regards eligibility for rights and obligations or legal capacity, the rights of the Party whose national is a protege. However, decisions relating to the personal situation may not be authorised, but may grant an authorisation which is required under the home law of the protégé for the conclusion of a marriage.
Authorisation
(1) The approval or revocation shall be governed by the law of the Party whose member is the acquirer at the time of adoption or revocation.
(2) If the child is a member of the other Party, the allowances required under the law of that Party shall also be granted.
(3) Where a child is recruited by spouses, one of whom is a member of one Party, the other of whom is a member of the other Party, the adoption or revocation shall comply with the provisions in force on the territory of both Parties.
(4) The competent authority of the Party to which the acquirer is a member at the time of the adoption or revocation of the adoption is responsible for the adoption or revocation of the adoption procedure. In the case of paragraph 3, the competent authority shall be the one in whose district the spouses have, or last have, their common residence or habitual residence.
Sending Matrix Documents
(1) The Parties undertake to send each other an extract of the matrices relating to entries made on members of the other Party after the effective date.
(2) Where the matrix offices (state offices) of one Party carry out additional entries or corrections relating to the personal status of a member of the other Party, the second Party certified extract of the matrix with an additional change or correction shall be sent.
(3) The extracts must be displayed and sent without translation and free of charge every third month.
(1) Matrix offices (State offices) of both Parties shall, at the request of the judicial and other authorities of the other Party, send the required extracts for official use, free of charge and without benefits.
(2) Applications by members of one Party for the issue and transmission of extracts from the register may be sent directly to the other Party's Registry Office (State Office).
All statements from the register shall be sent by diplomatic means.
Heritage
Principle of equality
(1) Members of one Party shall be entitled to establish or revoke a testament to property which is in the territory of the other Party or to the right to be exercised there, as well as to acquire property or rights under the right of inheritance, equal status to those of the other Party living in its territory. They shall be transferred to them under the same conditions as their own members of the other Party living in their territory.
(2) The certificate on the legal status of the succession, in particular the certificate of acquisition of the inheritance (deed of succession) or the certificate of the executor of the testament, which has been issued by the State notaries of one Party, provides proof of such facts in the territory of the other Party.
Hereditary capacity
Members of one Party who claim inheritance rights in the territory of the other Party must be entitled to inheritance under both the legal order applicable to the legal regime of succession (Article 40) and the legal order of the Party of which they are members.
(1) The succession arrangements shall be governed by the law of the Party of which the deceased was a member at the time of death.
(2) The succession arrangements shall be managed in terms of assets which, under the law in force at the place where the property is situated, cannot be freely procured by domestic persons, by the law of the Party in whose territory such assets are situated.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 38 / 1957 Coll., on the Treaty between the Czechoslovak Republic and the German Democratic Republic on legal relations in civil, family and criminal matters with the Final Protocol |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.07.1957 |
|---|---|
| Effective from | 05.07.1957 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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