Act No. 41 / 1948 Coll.
Law on private international and inter-regional law and the status of foreigners in the field of private law
Valid
Effective from 01.06.1948
Contents
HLAVA 1.
§ 1.
§ 2.
§ 3.
§ 4.
§ 5.
§ 6.
§ 7.
§ 8.
§ 9.
§ 10.
§ 11.
§ 12.
§ 13.
§ 14.
§ 15.
§ 16.
§ 17.
§ 18.
§ 19.
§ 20.
§ 21.
§ 22.
§ 23.
§ 24.
§ 25.
§ 26.
§ 27.
§ 28.
§ 29.
§ 30.
§ 31.
§ 32.
§ 33.
§ 34.
§ 35.
§ 36.
§ 37.
§ 38.
§ 39.
§ 40.
§ 41.
§ 42.
§ 43.
§ 44.
§ 45.
§ 46.
§ 47.
§ 48.
§ 49.
§ 50.
§ 51.
§ 52.
§ 53.
HLAVA 2.
§ 54.
HLAVA 3.
§ 55.
HLAVA 4.
§ 56.
§ 57.
§ 58.
§ 59.
§ 60.
§ 61.
§ 62.
§ 63.
§ 64.
§ 65.
§ 66.
§ 67.
§ 68.
§ 69.
§ 70.
HLAVA 5
§ 71.
§ 72.
§ 73.
§ 74.
§ 75.
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41.
Law
of 11 March 1948
concerning international and inter-regional private law and the legal status of foreigners in the field of private law.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
International private law.
Eligibility for legal acts.
The legal capacity of a person shall be managed, unless otherwise specified in this law, by the law of the State of which he is a national.
If someone becomes a Czechoslovak state citizen, he will not lose his legal capacity.
Declaration for the dead.
The death declaration is governed by Czechoslovak law, if it is a person who was a Czechoslovak citizen at the time of her disappearance.
If a person has been declared dead abroad or has been subject to proceedings which are essentially compared to a declaration of death governed by Czechoslovak law, this is only seen when the person who was declared dead at the beginning of his absence was a member of the State in which the declaration was made or when the State of which he was a Member recognises the declaration as dead.
If he was missing at the time of decision pursuant to § 3 by a foreign national or if he was not able to find out at that time that he was a Czechoslovak state citizen, he is declared dead in the Czechoslovak Republic under the laws of Czechoslovakia with legal consequences for the legal circumstances which are assessed under the law in force in the Czechoslovak Republic and with legal consequences for the assets in the Czechoslovak Republic. The cases for which public books or registers are kept in the Czechoslovak Republic, intended for the registration of a creditor, and the claims which can be applied in the Czechoslovak courts, are considered to be assets in the Czechoslovak Republic.
Under the terms of § 5, the surviving spouse, who is a Czechoslovak state citizen, is also entitled to declare his marriage to a missing person parted. The same applies to the surviving wife's proposal when she was a Czechoslovak national citizen until she was married to the missing and remained or returned to the Czechoslovak Republic.
Form of legal proceedings.
The form of legal proceedings shall be administered, unless otherwise specified, by the legal system governing legal proceedings itself.
However, it is sufficient to save the forms prescribed by the law of the places where the parties' speeches have taken place, provided that they are not legal acts establishing, amending or abolishing the right in kind or the burden on matters.
Choice of law.
The Parties may subject the legal relationship to a particular legal order, provided that this relationship has a significant relationship with the chosen legal order and that it does not prevent that from the binding provisions of the laws to which the legal relationship is subject in any way under the provisions contained in this Title.
Family law
Marriage.
Eligibility to marry shall be administered to each of the fiancé by the law of the State of which he is a national.
In the case of a surviving wife whose marriage to a missing person has been declared parted according to § 6, sentence two, the capacity to marry is governed by the Czechoslovak law.
The ceremonies of the marriage contract shall be governed by the legal order of the place where the marriage is concluded. It is sufficient, however, to conserve the ceremonies prescribed by the laws of the Member States whose fiancé is a member.
The legal consequences of marriage are personal.
The legal consequences of marriage on a personal basis, including the right to nutrition, shall be governed by the law of the State of which they are members.
If the legal order is different for each spouse, the legal consequences shall be administered by the last common legal order of the two spouses. If they never have a common legal order, they manage the Czechoslovak law.
Marriage law property.
The legal matrimonial right of property shall be administered in accordance with the law of the State of which the spouses are members at the time of the marriage. If this rule of law is different for each of the spouses, legal matrimonial law shall be administered by Czechoslovak law. The legal rules thus determined apply even if citizenship changes.
The same principles apply to the arranged organisation of the matrimonial right of property, but citizenship is decisive at the time of such arrangement.
Where the legal order of the State in whose territory the property of the spouses is situated provides that the legal order of the place where the goods are situated applies, that legal order shall apply in respect of those matters.
The annulment of marriage and marriage.
The annulment of the marriage and any annulment of the marriage community shall be governed by the law of the State of which the spouses are members at the time when the action or application is brought. If this rule of law is different for each spouse, the annulment shall be administered by the last common rule of law of both spouses. If they never have a common legal order, they manage the Czechoslovak law.
If citizenship changes, the fact which occurred before that change is the reason for the annulment of a marriage or any annulment of a married community only if it was the law of the former.
The children of marriage.
If a child born of a married woman is married or nothing, it is determined according to the rule of law of the State of which the spouse was a member of the mother at the time of birth of the child, or if he died earlier, at the time of death; if he does not know what citizenship he had in those times, under the rule of law of the State of which he was a member at the time of his last known residence.
The legal situation between parents and married children shall be governed by the law of the State of which all participants are members.
If this legal order is not the same for all participants, their last common legal order shall apply and if they have never had a common legal order, the child's legal order shall apply.
If the law of the State in whose territory the child's property is situated provides that the law of the place where the property is situated applies to the rights of the fathers to such property, that law shall apply.
If a daughter marries, the rights of her parents shall cease if they are contrary to the rights of her spouse based on the rule of law of the State of which she is a national.
Children illegitimate and mother illegitimate.
The legal relationship between the illegitimate child and the mother shall be governed by the law of the State of which they are both members.
If this rule of law is different for each of them, the rule of law shall apply to the State, which is the last common rule of law of the two, and if they have never had a common rule of law of the child.
The law of the State of which the child is a national at the time of birth applies to the rights of the illegitimate child in respect of nutrition, education and provision and the law of the State of which the child is a member at the time of birth. If, however, a mother and a shaker have a domestic residence at the time of the birth of the child, the Czechoslovak law applies.
The award of the name to an illegitimate child is governed by the law of the child.
Legitization and adoption.
The legal form of the illegitimate child shall be governed by the law of the State of which, at the time of the legitimacy of the illegitimate child, the illegitimate child of which is to be legitimate or, if he has died earlier, by the law of the State of which he was a member at the time of death; if he does not know what citizenship he had in those times, under the rule of law of the State of which he was a member at the time of his last known residence.
It shall be governed by the law of the State of which the transferee is a national.
Whether a child or other persons must be admitted at the time of his / her legitimacy or adoption, he / she shall be determined in accordance with the legal order of the State whose national is the person to be authorised or adopted.
Indemnities and relatives.
The conditions for the establishment and termination of the detention order shall be governed by the law of the State of which the ward is a national. The custody is essentially about the person of the ward and his property, let his property be anywhere.
The obligation to accept and maintain the service shall be governed by the law of the State of which the guardian is a national.
The legal relationship between the guardian and the guardian shall be governed by the law of the State in which the court or office is situated.
These provisions on liability shall apply mutatis mutandis if similar facilities are protected, such as custody of persons unfit for legal action and support.
Legal.
The substantive rights to material matters both immovable and movable and the possession of such rights shall be governed by the law of the place where the matter is.
The creation and termination of rights in kind in respect of material objects are governed by the rule of law of the place where the case was at the time when the event on which the creation or termination of that right was based took place.
The provisions laid down in the legal order of the place where the property is situated shall apply to the entry into public books even if the legal reason for the creation, demise, delimitation or transfer of the library law is to be assessed under the foreign legal order.
Whether a property action is committed against the holder and, if it is committed, it shall be decided according to the legal order of the place where the case was at the time when the possession arose.
The right of inheritance.
The legal status of the succession shall be governed by the law of the State of which the deceased is a national at the time of his death.
The eligibility of the establishment and cancellation of the last acquisition, as well as the conditions for the validity of the last acquisition on the inside, shall be governed by the law of the State of which the deceased was a national at the time of the speech.
Whether a contract of succession is committed and may be revoked and, to what extent it may be established or abolished, it shall be assessed in accordance with the laws of the States of which the contracting entities are members at the time of the establishment or termination of the contract of succession. Eligibility of the succession contract to be established or cancelled, as well as the conditions for the internal validity of the succession contract, shall be governed by the law of the State of which the deceased is a national at the time of the establishment or termination of the contract.
The form on the establishment and cancellation of the death acquisition shall be governed by the law of the State of which the deceased is a national at the time when he or she establishes or terminates the acquisition. However, it is enough to make enough legal order where the speech takes place.
Commitments.
Contracts.
Contracts relating to real estate shall be governed by the law of the place where the property is.
Contracts concluded on a stock exchange or on a market shall be governed by the law of this place.
Other contracts are also subject to a rule of law which corresponds to the reasonable organisation of the legal relationship in question. As a general rule, the following shall be managed:
1. Market and work contracts in the course of a commercial or business establishment shall be the legal order of the place where the commercial or business establishment of the seller or entrepreneur of the work is the legal order;
2. insurance contracts, including real estate insurance contracts and contracts concluded on a stock exchange or on a market, the legal order applicable at the head office of the insurer, and the insurance contracts concluded with a representative outside the head office of the insurer;
3. contracts which have been concluded with doctors, zodiacs, lawyers, notaries, patent agents, civil engineers and at all persons established in the public domain and whose purpose is to pursue this profession, by the legal order of the place where the persons have their registered office (residence);
4. contracts for the work and contracts for the teaching system of the place where the employer's race is;
5. other contracts in the law of the State in which both parties reside; if they are not resident in the same State and if the contract between the persons present is established by the law of the place where the contract was concluded; If the contract was then concluded between the absent, the legal order of residence of the tenderer. If there is legal action in the operation of the plant, it is, as far as the party operating the plant is concerned, not to its place of residence, but to the place where the plant is located.
Unilateral legal proceedings.
Unilateral legal proceedings shall be governed by the law of the debtor's residence (seat).
Damage compensation.
Entitlements for damages arising from unlawful acts and other events, other than infringements arising from legal proceedings, shall be governed by the law of the place where the action or event took place.
Hold on.
Maintenance shall be governed by the law of the State in which the case was at the time of the beginning of the stay. However, the holder may rely on the rule of law of the State in which the maintenance takes place if, as from the time when the case occurred in that State, all the conditions of the maintenance are fulfilled under his law.
Double and indefinite citizenship.
If someone is a Czechoslovak national at the crucial time and if he is also seen as a member by another state, the citizenship of Czechoslovak shall be decided.
If someone is also a member of several foreign states at a critical time, the jurisdiction acquired shall be the last to decide.
Persons who are not members of any State or are members of several foreign States at the time of the decision and who have acquired jurisdiction later, as well as persons whose jurisdiction at the time cannot be ascertained, shall be assessed as being members of the State in whose territory they are resident at the time of the decision and, if not, as if they were members of that State in whose territory they are resident at that time. If there is no such state, it is a matter of determination according to the law of Czechoslovakia.
Limits for the use of foreign legal order.
It cannot be governed by a foreign law if this would be contrary to good manners or the provisions of the Czechoslovak legal order on which, given their nature, it is necessary to insist without reservation.
Interregional private law.
The provisions of private international law apply mutatis mutandis if it is the ratio of the law in force in the Czech and Moravian-Silesian countries to the law in force in Slovakia, with the derogation that the residence or last residence (permanent residence) in the Czechoslovak Republic enters the place of nationality; If the person in question has never been resident or resident in the Czechoslovak Republic, it is to use the legal order which is closer to that person because of his nationality or other conditions.
State citizens and foreigners.
Aliens have the same rights and obligations as Czechoslovak citizens in the field of private law, unless otherwise provided for, if the State of which they are members treats Czechoslovak nationals in the same way as its nationals.
Implementing provisions.
Separate residence and temporary feeding of spouses.
Widows residing in the Czechoslovak Republic may be allowed separate residence and provisional nutrition even if they are brought by an action for annulment of a marriage or marriage to a foreign court. These measures shall apply only until the competent court of a foreign country abolishes them.
Establishment and management of custody, custody and support.
A guardian in the Czechoslovak Republic will be established for the Czechoslovak State Citizen and there is also a guardianship. However, if a protégé who is a Czechoslovak national citizen, resident or resident abroad, the competent Czechoslovak court, with the approval of the second storehouse assembly court, may waive the establishment of a guardian and the conduct of detention in whole or in part if the detention established abroad is sufficient to protect the rights and interests of the Czechoslovak protégé. From the care of the estate of a Czechoslovak protégé, who is abroad, the court may waive if special detention is established abroad, sufficient to protect the rights and interests of the Czechoslovak protégé.
(1) As far as a minor alien is concerned, until the competent courts (authorities) of his home State decide to give custody, it is necessary to take the necessary measures to protect his person and property.
(2) The Czechoslovak court, in whose district a foreign minor is required to receive custody, will inform the authorities of the State of which the minor is a national of once he has acquired knowledge.
(1) If the courts (authorities) of the home state of the guardian is not established within a reasonable period of detention, a minor who has permanent residence in the Czechoslovak Republic shall have the establishment and conduct of detention according to the Czechoslovak legal order.
(2) If additional detention is established in the home state of the guardian, the detention established in the Czechoslovak Republic is cancelled without delay.
Guardianship and support can be established in the Czechoslovak Republic for foreigners who are resident in the Czechoslovak Republic, but only if the conditions of protection are given not only under his home law, but also under Czechoslovak law.
The estate hearing.
The residence of a Czechoslovak national will be discussed by the Czechoslovak court according to the law of the Czechoslovak law, but if he is abroad, only as long as such property is issued to the Czechoslovak courts or as a result of the decision of the Czechoslovak courts in the survivors' cases of legal consequences abroad.
Unless otherwise provided for in the following provisions, the Czechoslovak court shall cease the measures necessary to secure the estate of a foreigner lying in the Czechoslovak Republic.
If a foreign resident in the Czechoslovak Republic had a proper residence, the heirs or the immutable heirs who resides in the Czechoslovak Republic shall, in accordance with the law of the Czechoslovak Republic, discuss the estate in accordance with the law of the Czechoslovak Republic, unless the heirs or the immutable heirs are opposed by the deceased's home law. They shall be invited by a public order to make themselves known within a reasonable period, which shall normally be set at three months. The decree is published in Czechoslovak and in foreign newspapers as possible. The parties known to the court shall be called upon to declare the delivery of the order.
If the State of which the deceased is a national does not issue the estate of Czechoslovak nationals to the Czechoslovak courts or admit their decision to the legal consequences, it is to discuss the estate of its members, located in the Czechoslovak Republic, according to the Czechoslovak legal order. The same is true if it is not possible to find out how the state is doing as regards the survivors of Czechoslovak state citizens and the decisions of the Czechoslovak courts.
If the State of which the deceased is a member refuses to deal with his estate, the estate of such a foreigner in the Czechoslovak Republic, lying or foreign, issued under the law of the Czechoslovak Republic, shall be examined.
The Declaration of the Ministry of Justice on how a foreign State acts in the cases referred to in Sections 61, 64 and 65 of Section 61, binds the Czechoslovak courts.
If the movable property of foreigners lying in the Czechoslovak Republic, whose export is not prohibited, is to be transferred abroad, it may only be issued if the taxes and benefits which are payable on such property, as well as the rights of heirs, referees, immutable heirs and other survivors of permanent residents in the Czechoslovak Republic, are secured, which were announced at the Czechoslovak Court after a public invitation. Known participants will be called upon by the court by delivery of a decree to declare themselves.
If the Czechoslovak court (office) is called upon to issue the pieces of the survivor's property to heirs, to legalists or to heirs, which the foreign court (office) of the survivor has declared justified, another person may not oppose the issue on the grounds that he has the right to such cuts as heirs or bequearer.
Without prejudice to the fact that the estate was negotiated under the Czechoslovak legal order, the law of the provisions of the law applicable under § 40 to 43 applies to the exercise of inheritance rights.
Mutual.
(1) The Declaration of the Ministry of Justice, issued in an agreement with the Ministry of Foreign Affairs and other relevant ministries on reciprocity with a foreign State, is bound by courts and public authorities.
(2) If a foreign state treats the citizens of Czechoslovakia differently than its members, the Government may, by regulation, impose conditions or limits in respect of which the members of that foreign State are subject to the law in the Czechoslovak Republic. Until this happens, members of that State may have the right in the Czechoslovak Republic only with the permission given by the Ministry of Justice in agreement with the Ministry of Foreign Affairs and other relevant ministries, which may also lay down conditions.
General, transitional and final regulations.
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) On the day when this law comes into force, all the provisions concerning the matters governed by it, counting the ordinary law, shall be brought by judgment or other sources.
(2) In particular:
1. the provisions of § 4, 33 to 37, 225, 300 of the General Civil Code declared on 1 June 1811;
2. court decree of 22 July 1812, No 997 sb.
Contents
HLAVA 1.
§ 1.
§ 2.
§ 3.
§ 4.
§ 5.
§ 6.
§ 7.
§ 8.
§ 9.
§ 10.
§ 11.
§ 12.
§ 13.
§ 14.
§ 15.
§ 16.
§ 17.
§ 18.
§ 19.
§ 20.
§ 21.
§ 22.
§ 23.
§ 24.
§ 25.
§ 26.
§ 27.
§ 28.
§ 29.
§ 30.
§ 31.
§ 32.
§ 33.
§ 34.
§ 35.
§ 36.
§ 37.
§ 38.
§ 39.
§ 40.
§ 41.
§ 42.
§ 43.
§ 44.
§ 45.
§ 46.
§ 47.
§ 48.
§ 49.
§ 50.
§ 51.
§ 52.
§ 53.
HLAVA 2.
§ 54.
HLAVA 3.
§ 55.
HLAVA 4.
§ 56.
§ 57.
§ 58.
§ 59.
§ 60.
§ 61.
§ 62.
§ 63.
§ 64.
§ 65.
§ 66.
§ 67.
§ 68.
§ 69.
§ 70.
HLAVA 5
§ 71.
§ 72.
§ 73.
§ 74.
§ 75.
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Regulation Information
| Citation | Act No. 41 / 1948 Coll., on International and Interregional Private Law and the Status of Foreigners in Private Law |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.04.1948 |
|---|---|
| Effective from | 01.06.1948 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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