Decree of the Minister for Foreign Affairs No. 59 / 1986 Coll.
Decree of the Minister for Foreign Affairs on the Treaty between the Czechoslovak Socialist Republic and the Kingdom of Belgium on Legal Assistance in Civil, Family and Commercial Matters
Valid
Effective from 01.09.1986
59
DECLARATION
Minister for Foreign Affairs
of 8 September 1986
on the Treaty between the Czechoslovak Socialist Republic and the Kingdom of Belgium on legal aid in civil, family and commercial matters
On 15 October 1984 the Treaty between the Czechoslovak Socialist Republic and the Kingdom of Belgium on Legal Assistance in Civil, Family and Commercial Matters was signed in Prague.
The Treaty was approved by the Federal Assembly of the Czechoslovak Socialist Republic and ratified by the President of the Czechoslovak Socialist Republic. The instruments of ratification were exchanged in Brussels on 3 July 1986.
The Treaty entered into force on 1 September 1986 pursuant to Article 17 (2) thereof. This date expired the Agreement between the Republic of Czechoslovakia and the Kingdom of Belgium on Mutual Legal Assistance in Civil and Commercial Matters of 19 July 1927, published in Sb.
The Czech version of the Treaty is published simultaneously.
Minister:
Ing. Chupek v. r.
TREATY
between the Czechoslovak Socialist Republic and the Kingdom of Belgium on legal aid in civil, family and commercial matters
President of the Czechoslovak Socialist Republic and His Majesty the Belgian King led by an effort to further develop friendly relations and cooperation between the two states in accordance with the Final Act of the Conference on Security and Cooperation in Europe and led by a desire to amend, by mutual agreement, legal assistance in the area of civil, family and commercial law and to facilitate the implementation between the two States of certain provisions of the Hague Convention on Civil Procedure of 1 March 1954
have decided to conclude this contract and have appointed to that end their agents:
President of the Czechoslovak Socialist Republic,
Bohuslav Puppy,
Minister for Foreign Affairs,
His Majesty the King of Belgium,
Leo Tindemann,
Minister for Foreign Affairs,
who, following the exchange of their full powers, found in good and proper form, have agreed as follows:
CHAPTER I
General provisions
(1) Each of the two States guarantees the legal protection on its territory of the citizens of the other State of their personal and property rights and interests under the same conditions as their citizens.
(2) Citizens of one State may speak freely and directly to the judicial authorities of the other State under the same conditions as citizens of the other State to exercise and protect their rights and interests.
(3) The provisions of this Treaty applicable to citizens of one of the two States shall apply equally to legal persons established in that State.
Provisions facilitating the implementation of the Convention on Civil Procedure negotiated in The Hague on 1 March 1954
CHAPTER II
Service of judicial and extrajudicial documents
(1) Judicial and extrajudicial documents in civil, family and commercial matters for persons residing in the territory of one of the two States are sent by the Ministry of Justice of the requesting State to the Ministry of Justice of the requested State.
(2) Documents of service or notification of documents shall be returned directly to the Ministry of Justice of the requesting State.
(3) The provisions of the preceding paragraphs do not preclude the application of Article 6 (1) (1) and (2) of the Convention on Civil Procedure negotiated in The Hague on 1 March 1954 ("the Hague Convention").
The application shall contain the essential information on the document, in particular: the applicant authority, the names of the participants, the address of the consignee, the nature of the document, the date and place of the summons, the time limits set out in the document, the identification of the judicial authority which issued the decision, as well as any other relevant information.
(1) The requested authority shall ensure that the documents are served under the conditions applicable to these matters in the requested State. If the document is not drawn up in the language of the requested State or if a certified translation is not attached, the requested authority shall transmit it to the consignee only if it is willing to accept it voluntarily.
(2) Both States will not require reimbursement of costs incurred by the participation of ministerial officials or the use of the special form foreseen in Article 3 of the Hague Convention.
Request
(1) Requests in civil, family and commercial matters are transmitted through the ministries of justice of the two States.
(2) The request shall be accompanied by a translation into the language or one of the languages of the requested authorities, certified either by a diplomatic or consular officer or by an interpreter.
The requested authority shall attempt to comply with the request even if the address of the recipient of the document or of the person whose examination is sought is inaccurate or incomplete, it may, to that end, request the requesting State to provide additional information enabling the person concerned to be identified.
The two States will not require each other to pay the costs of the letters of formal notice, except for the costs of the expert opinion.
Security for costs of the dispute
Citizens of one of the Contracting Parties who are applicants or interveners before the judicial authorities of the other Contracting Party shall be exempt from the obligation to lodge an defence guarantee under the conditions laid down in Article 17 of the Hague Convention.
Applications for authorisation to execute judicial decisions on costs and procedural expenses pursuant to Articles 18 and 19 of the Hague Convention may be sent directly to the competent judicial authority by the interested party.
In order to fulfil the conditions laid down in Article 19 (2) (2) and (3) of the Hague Convention, the decision shall be accompanied by a document showing that the party against whom the application is directed has been served. The decision of the Belgian judicial authorities must, inter alia, be accompanied by a confirmation that no proper appeal or omission has been lodged against the decision or that no proper appeal or omission cannot be lodged. The decisions of the Czechoslovak judicial authorities must be accompanied, inter alia, by a confirmation that they are in legal power.
Free legal aid
Requests for legal aid under Article 23 of the Hague Convention may be transmitted directly to the ministries of justice of the two States.
The documents relating to the application for legal aid may be drawn up in the language of the applicant authority and any costs of translation shall not be reimbursed.
CHAPTER III
Exemption from verification
The documents issued by the judicial authorities of one of the two States, bearing the stamp thereof, as well as the documents by which those authorities verify the date and authenticity of the signature or copies, shall be exempt from further verification when used in the territory of the other State.
CHAPTER IV
Sending personal documents
The competent authorities of one of the two States shall send to the competent authorities of the other State, at the request of the competent authorities of the other State, the documents relating to the personal condition and extracts thereof and the decisions in those cases, where such documents concern citizens of the other State and are required for official use, which shall be expressly indicated. These documents shall be exempt from any verification.
CHAPTER V
Exchange of information
(1) The Ministry of Justice shall communicate to each other and upon request information on law and judicial practice as well as other legal information.
(2) The Ministry of Justice shall, on reasoned request, assist each other in identifying the addresses of persons located in their territory if necessary to facilitate the implementation of this Treaty.
CHAPTER VI
Common provisions
The Ministry of Justice uses their own language in mutual contact and, if appropriate, adds a translation to the French language. For the implementation of this Treaty, the term "Ministry of Justice 'means:
(a) for the Czechoslovak Socialist Republic:
- Ministry of Justice of the Czech Socialist Republic
- Ministry of Justice of the Slovak Socialist Republic,
(b) for the Kingdom of Belgium:
- The Ministry of Justice of the Kingdom of Belgium.
CHAPTER VII
Final provisions
(1) This Treaty shall be ratified. The replacement of the instruments of ratification will take place in Brussels as soon as possible.
(2) This Treaty shall enter into force on the first day of the second month following the replacement of the instruments of ratification.
(3) This contract shall be concluded for an unlimited period. Each of the two States may terminate the Treaty by means of a diplomatic notification. The denunciation shall take effect one year after its dispatch.
(4) The Agreement between the Republic of Czechoslovakia and the Kingdom of Belgium on mutual legal assistance in civil and commercial matters of 19 July 1927 shall expire on the date of entry into force of this Treaty.
To prove it, the agents of both parties signed this agreement and attached their seals to it.
Dane in Prague on 15 October 1984 in two original copies, each in the Czech, French and Dutch languages, all three texts being equally authentic.
For Czechoslovakia
Socialist Republic:
Ing. Bohuslav Chubek v. r.
For Belgian
Kingdom:
Leo Tindemans v. r.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 59 / 1986 Coll., on the Treaty between the Czechoslovak Socialist Republic and the Kingdom of Belgium on Legal Assistance in Civil, Family and Commercial Matters |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.10.1986 |
|---|---|
| Effective from | 01.09.1986 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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