Order No 57 / 1954 Coll.
Declaration on the Treaty between the Czechoslovak Republic and the People's Republic of Bulgaria on Legal Assistance in Civil and Criminal Matters
Valid
Effective from 16.12.1954
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57.
Decree of the Minister for Foreign Affairs
of 16 December 1954
on the Treaty between the Czechoslovak Republic and the People's Republic of Bulgaria on Legal Assistance in Civil and Criminal Matters.
The Treaty on Legal Assistance in Civil and Criminal Matters was negotiated between the Czechoslovak Republic and the People's Republic of Bulgaria in Prague on 13 April 1954.
The National Assembly gave its consent to the Treaty on 26 May 1954 and was ratified by the President of the Republic on 23 October 1954. The instruments of ratification were exchanged in Sofia on 16 November 1954.
Pursuant to Article 89 of the Treaty, the Treaty shall take effect one month after the replacement of the instruments of ratification, i.e. 16 December 1954.
The Czech version of this Treaty is published in the Annex to the Collection of Laws. *)
The date on which this Treaty takes effect, i.e. on 16 December 1954, the Convention between the Republic of Czechoslovakia and Bulgaria on Mutual Rights and Legal Assistance in Civil and Commercial Matters and the Convention between the Republic of Czechoslovakia and Bulgaria on the Issue of Crimes and Legal Assistance in Criminal Matters, signed in Sofia on 15 May 1926 shall cease to apply pursuant to Article 90 thereof.
David v. r.
Annex to Decree of the Minister for Foreign Affairs No. 57 / 1954 Coll., on the Treaty between the Czechoslovak Republic and the People's Republic of Bulgaria on Legal Assistance in Civil and Criminal Matters.
TREATY
between the Czechoslovak Republic and the People's Republic of Bulgaria on legal aid
in civil and criminal matters.
_
NAME
THE REPUBLIC OF CZECH REPUBLIC,
A
THE REPUBLIC OF BULGARIA,
_
THIS TREATY:
TREATY
BETWEEN THE CZECH REPUBLIC AND THE PEOPLE'S REPUBLIC OF BULGARIA ON LEGAL ASSISTANCE IN CIVIL AND TRESTAL MATTERS.
PRESIDENT OF THE CZECH REPUBLIC
and
THE COUNCIL OF THE PEOPLE'S REPUBLIC OF BULGARIA,
Wishing that close and lasting friendship and mutual trust between the two countries would also come to an expression in the field of legal cooperation and in the deepening of mutual legal relations, they decided to negotiate a contract on legal assistance in civil and criminal matters.
To this end, they appointed their agents:
PRESIDENT OF THE CZECH REPUBLIC
Mr Dr. Václav Škoda, Minister of Justice,
THE COUNCIL OF THE PEOPLE'S REPUBLIC OF BULGARIA,
Mr Milko Tarabanov, special and authorised ambassador,
who have exchanged their powers of attorney and found them in good and proper form have agreed on the following provisions:
LEGAL ASSISTANCE IN CIVIL LEGAL MATTERS.
_
Legal protection.
(1) Members of one Party shall enjoy the same legal protection in the territory of the other Party as regards a person and property as those of the other Party.
(2) They shall have free and undisturbed access to the courts of the other Party and may appear before them and submit applications (actions, complaints, applications, etc.) under the same conditions as domestic individuals.
Service and provision of other legal assistance.
The courts of both Parties shall assist each other in serving judicial documents and in providing other legal assistance in civil matters in direct contact.
(1) Requests for service and other legal assistance may be sent by any court of one Party to any court of the other Party. They shall be responsible for the receipt and processing of the request in the territory of the two Parties to the People's Courts. In order to borrow files for temporary use and to issue copies of the files, the courts which held the proceedings in the first storehouse are responsible on the territory of both Parties.
(2) If the court requested to serve or to provide other legal assistance is not competent, it shall forward the request to the court responsible and inform the requesting court thereof.
(3) Once the request has been lodged, the requested court shall send the files to the requesting court or notify it of the obstacles to the proceedings.
(1) The application shall contain the indication of the requesting court and the requested court of the case in which legal aid is sought, the names of the participants, their employment and residence, the names of their representatives and, finally, the type of legal aid requested.
(2) The request for service shall include the exact address of the consignee and the type of document served.
Processing of requests for service or other legal assistance.
(1) The requested court shall execute the service in the manner prescribed by its own law for the service of documents of the same kind, if the document is written in the language of the requested Party or accompanied by a certified translation into that language. Otherwise, the requested court shall forward the document to the addressee if it is willing to accept it voluntarily.
(2) The translation of the document into the language of the requested Party shall be verified by a judicial interpreter or by a court of the Party requesting or diplomatic or consular representative of the requesting or requested Party.
(3) If it is impossible to deliver the document to the addressee to the address indicated in the request, the requested court shall take the measures necessary to establish the address.
(1) The service shall be proved by a certificate signed by the consignee and dated and signed by the service authority or by a certificate issued by that authority proving the method, place and time of service. If the document served is sent in duplicate, the acknowledgement of receipt and the service effected may also be made on the second copy.
(2) Confirmation of receipt of the document may also be made in the judicial protocol.
(1) The requested court is obliged to follow the laws of its State when handling the request and to use the means of enforcement it uses in dealing with similar requests from its own courts. The requested court may, at the request of the requesting court, derogate from the forms prescribed by its own legislation and apply the requested special forms if that form does not conflict with the enforcement provisions of the requested party.
(2) The requested court shall notify the court requesting its request of the place and time of the processing of the request.
(1) The Parties shall not claim costs or any fees for the execution of requests for service or other legal assistance; This also applies to costs related to the examination of witnesses or experts or to judicial examination. These costs shall be borne by the requested Party.
(2) Postal charges shall be borne by the Party in whose territory the charges were incurred.
(3) The requested court shall notify the requesting court of the amounts of the costs and charges referred to in paragraph 1 so that the requesting court may collect them from the person liable for reimbursement. Selected amounts belong to the requesting Party.
Delivery to its own members.
The two Parties reserve the right to service their own nationals located in the territory of the other Party through their diplomatic or consular representatives. Forced means cannot be used when delivering this type.
Exemption from the defence guarantee.
An official of one Party who acts as a party (applicant, applicant, intervener), if present in the territory of one Party, may not be required to lodge a security for the costs of proceedings under any mark on the ground that he is a foreigner or because he is not resident or resident in the country.
(1) If a party (applicant, applicant, intervener), exempt from the obligation to lodge a security of defence, has been sentenced in the territory of one Party to pay the costs, the competent court in the territory of the other Party shall, on application by the applicant, authorise the enforcement of those costs free of charge.
(2) The costs of the proceedings are also those of the confirmation, translation and verification referred to in Article 12.
(1) The Court of First Instance, which authorises execution, shall limit its examination only to whether the decision has acquired legal power and is enforceable.
(2) The application for authorisation of execution shall be accompanied by a copy of the part of the decision containing the statement of costs verified by the court of the first storehouse and a certificate issued by the same court that the decision is final and enforceable.
(3) Such documents shall be accompanied by a translation made in accordance with Article 5 (2) in the language of the Party on whose territory the execution is to be carried out.
(1) An application for the authorisation of an execution to be carried out in the territory of the other Party may be lodged:
(a) in a court which has given a decision on costs or in a court which has taken a decision on the first judgment; or
(b) directly in the court of the other Party which is competent to authorise execution.
(2) The court referred to in paragraph 1 (a) shall send the application to the competent court of the other Party in the manner referred to in Article 3.
(1) The Court of First Instance will examine an application for authorisation of the execution of costs without hearing the parties, even if the applicant has not lodged an advance on the costs of the execution procedure. An appeal under the law of the Party in whose territory the application is decided shall be admissible against a decision authorising the execution or its refusal.
(2) The costs of the confirmation, translation and verification referred to in Article 12 shall be determined, depending on the territory of the Party, by the court which has acted in the first chair or by the court competent to authorise execution; the court shall determine the costs of the application for execution.
Exemption from judicial fees and advances.
Members of one Party shall enjoy in the territory of the other Party the benefits of exemption from judicial fees and advances under the same conditions and to the same extent as domestic persons.
(1) Confirmation of personal, family, earnings and property arrangements is issued by the competent court (state authority) of the Party in whose territory the applicant is resident or resident.
(2) If the applicant is not resident or resident in any of the Parties, a certificate issued or certified by the competent diplomatic or consular office of the applicant's home State shall suffice.
(3) The court which decides to grant exemption from judicial fees and advances may, if it considers it necessary, request additional explanations from the court (State authority) which issued the certificate.
Where the competent court has recognised exemption from judicial fees and advances to a member of the other Party, that right shall apply to all proceedings, including execution proceedings.
(1) If a member of one Party whose residence or residence is in the territory of any Party requests exemption from fees and advances or a free representation before a court of the other Party, he may submit his request to the Protocol of the People's Court which is competent according to his residence or residence. The Court of First Instance shall send the Protocol with the certificate referred to in Article 16 (1) and with the other annexes submitted by the participant in the manner referred to in Article 3 to the competent court of the other Party. If the court to which the Protocol has been brought is incompetent, it shall refer it to the competent court and inform the court of the other Party thereof.
(2) The Protocol is to be drawn up in the language of the court before which it is established.
(3) A participant may, at the same time as a request for exemption from judicial fees and advances, submit to the Protocol an application to initiate the relevant proceedings (action) and provide evidence.
Verification of documents.
Documents which have been established or authenticated in the territory of one Party by a court (state authority) or an official person (permanent interpreter, expert and so on), within the scope of its mandate in the prescribed form and bearing official seals, do not require any further verification in the territory of the other Party.
Sending of documents (documents of civil status).
(1) The Parties undertake to send each other extracts from the register (documents of civil status) covering entries made on members of the other Party after the date of application of this Treaty.
(2) Statements of the matrix (documents of civil status) should be drawn up in the manner prescribed in the Matrix Laws (acts of civil status) and in other legislation of the Party sending extracts. Listings must be displayed and sent without translation and free of charge every third month.
(3) At the request of the courts and the authorities of the other Party, the registration offices (offices of documents of civil status) of the two Parties shall send the required extracts for official use without charge and without benefits.
(4) Statements shall be sent by diplomatic channels.
If the authorities of one Party enter an additional entry or correction in the documents of the other Party, the form referred to in Article 20 of the Second Party certified extract of the matrix (documents of the civil status), which includes an additional entry or correction, shall be sent in accordance with the procedure referred to in Article 20 of the second Party.
PERSONAL AND FAMILY LAW.
Personal rights.
Eligibility for legal acts.
The legal capacity of a person shall be governed by the law of the Party to which he is a national.
Declaration for missing, dead and proof of death.
(1) In matters relating to the provision of a guardian who is absent, the declaration of the person missing or dead, and in matters relating to the proceedings for proof of death, the jurisdiction of the courts of the Party of which the person was a national at the time when he became missing shall be conferred.
(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 right of inheritance or of the matrimonial right of property to a missing person who is in the territory of that Party; or
(b) on the proposal of the spouse, if he is resident in the territory of that Party at the time the proposal is submitted.
(3) The death declaration shall be administered by the home legal order of the missing person in the cases referred to in paragraph 2.
Family law.
Recognition of judgments in matrimonial matters.
(1) A decision by a court of one Party in matrimonial matters (divorce, invalidity of marriage and determination of whether there is or is no marriage) shall be recognised in the territory of the other Party without further proceedings if, at the time the decision became final, at least one of the spouses was a member of the Party whose court delivered the judgment and the competent court of the other Party had not previously given a final decision in the same case.
(2) This provision shall also apply to decisions which have been given before the entry into force of this Treaty.
Detection and denial of paternity.
Whether the spouse is the father of the mother's child living with him in marriage shall be decided in accordance with the law of the Party whose spouse is a member at the time of birth. If the husband died before the birth of the child, the law of the Party of which he was a member at the time of his death is applicable. If it is not possible to establish the jurisdiction of the spouse at the time of the birth of the child, after the time of death of the spouse, the law of the Party whose spouse was a member under the last known jurisdiction shall be applicable.
A legal relationship between a child of an unmarried woman and a man considered his father.
The findings of paternity and legal relationships between the child of an unmarried woman and the man to be considered as his father shall be governed by the law of the Party whose child was a member at the time of birth.
The jurisdiction of the courts of the Party whose jurisdiction is applicable under the provisions of Articles 25 and 26 or the jurisdiction of the court of the Party in whose territory the parties reside shall be given to proceedings in matters of finding and denying paternity.
Engage.
(1) The decision to adopt a decision shall be subject to the jurisdiction of the courts of the Party to which the transferee is a national.
(2) If the recipient is a member of the other Party, and if, under the laws of that Party, he or she is required to be admitted or admitted by his or her legal representative or by a court or other body, such acceptance shall also be granted.
(3) The termination of the adoption shall be governed by the law of the Party whose member is adopted at the time of the adoption.
A warrant and custody.
Unless otherwise provided for in this Treaty, the jurisdiction of the court (s) of the Party whose national is a protégé shall be conferred on the custody or custody of the Party members.
(1) If the action of the court (s) of guarantee is necessary in the interest of a member of one Party who is resident or resident or of his property in the territory of the other Party, the court of the other Party shall, without undue delay, inform the court of the Party whose national is a protected party.
(2) If the case is urgent, the court of the other Party may, in addition to the current report of the court of the Party whose national is a party, take urgent measures which have limited effect until a decision is taken by the court of the Party whose national is a protected party. That court shall inform the court which ordered the interim measures of its action.
(3) The measures referred to in paragraph 2 may also be taken in the event of the protection of the interests of the absence.
(1) The Court of First Instance (institution) of one Party may, in whole or in part, transfer to the court (authority) of that Party, in respect of a guardian or guardian whose residence or residence or property is in the territory of the other Party. The delegation of power shall take effect when the requested guardian court (s) expressly accepts the power delegated to it and informs the requesting court (s) thereof.
(2) The Convicted (Guardianship) Court (institution) exercises the power delegated under its own law. in this case, the law of the Party whose member is a guardian or guardian shall also apply to the eligibility of rights and legal acts. The Court of First Instance (institution) shall not be entitled to take decisions concerning the personal situation under its jurisdiction. However, if the court (authority) decides to grant or authorise the marriage of a protégé required under the law of the Party whose protégé is a national, it may take a delegated decision.
(1) The obligation to accept custody or custody shall be governed by the law of the Party whose national is the guardian or guardian.
(2) The legal relationships between the guardian and the guardian and between the guardian and the guardian shall be governed by the law of the Party whose court (body) has appointed a guardian or guardian.
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General provisions.
Members of one Party shall have the right to establish or revoke a testament to property which is in the territory of the Contracting Parties or to the right to be exercised there, and to acquire such property or right in the capacity of inheritance, equal 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.
Members of one Party who claim inheritance rights in the territory of the other Party shall be entitled to inheritance under both the legal order applicable to the legal regime of succession (Articles 35 and 36) and the legal order of the Party of which they are members.
Legal circumstances of inheritance and will.
The status of the succession shall be governed by the law of the Party of which the deceased was a member at the time of his death.
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 acquired by domestic persons, by the law of the Party in whose territory the property is situated.
The movable death shall belong to the Party of which the deceased was a member at the time of death, the immovable death of the Party in whose territory the property is situated.
The form of establishment or cancellation of the will shall be governed by the law of the Party whose deceased was a member at the time when the will was set up or cancelled. It is sufficient, however, to maintain the provisions of the Rules of Law of the Party in whose territory the will has been established or cancelled.
The eligibility of the establishment or cancellation of the will and the legal effects of the lack of will (ruse, error, etc.) shall be governed by the law of the Party to which the deceased was a member at the time of the speech.
Power and control.
(1) The authentic heritage shall be discussed by the courts of the Party of which the deceased was a member at the time of his death (home courts); the immovable property and the immovable property referred to in Article 36 shall be examined by the courts of the Party in whose territory the inheritance is situated (local courts).
(2) Paragraph 1 shall apply mutatis mutandis to disputes arising from claims for inheritance.
(1) If a member of the Party dies in the territory of one Party, the competent local court (authority) shall inform the competent diplomatic or consular office of the other Party without undue delay of the death and shall inform him of all that is known to him about the heirs, their residence (residence) and address, the nature and price of the inheritance, as well as of the will that may be there. The same applies if the local court (authority) finds that a member of the other Party who died outside the territory of the Parties has left a fortune in the country.
(2) If the diplomatic or consular office of the Party of which the deceased was a member has previously acquired knowledge of death, the local court (authority) shall inform thereof.
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Regulation Information
| Citation | Decree No. 57 / 1954 Coll., on the Treaty between the Czechoslovak Republic and the People's Republic of Bulgaria on Legal Assistance in Civil and Criminal Matters |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.12.1954 |
|---|---|
| Effective from | 16.12.1954 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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