Decree of the Minister for Foreign Affairs No. 6 / 1989 Coll.
Decree of the Minister for Foreign Affairs on the Treaty between the Czechoslovak Socialist Republic and Spain on Legal Assistance, Recognition and Enforcement of Decisions in Civil Matters
Valid
Effective from 10.12.1988
6
DECLARATION
Minister for Foreign Affairs
of 15 December 1988
on the Treaty between the Czechoslovak Socialist Republic and Spain on legal aid, recognition and enforcement of decisions in civil matters
On 4 May 1987, the Treaty between the Czechoslovak Socialist Republic and Spain on legal aid, recognition and enforcement of decisions in civil matters was signed in Madrid.
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 Prague on 11 October 1988.
The Treaty entered into force on 10 December 1988 pursuant to Article 26 (2) thereof. The Agreement between the Republic of Czechoslovakia and the Kingdom of Spain on Mutual Legal Assistance in Civil and Commercial Matters of 26 November 1927, published on 18 / 1931 Coll., and the Convention on Recognition and Enforcement of Judgments of 26 November 1927, published on 19 / 1931 Coll.
The Czech version of the Treaty is hereby published at the same time.
Minister:
JUDr. Johanes v. r.
TREATY
between the Czechoslovak Socialist Republic and Spain on legal aid, recognition and enforcement of decisions in civil matters
the Czechoslovak Socialist Republic and Spain,
This appropriation is intended to cover the following expenditure:
Taking into account the need for deepening and simplifying the legal relations provided for in the Convention on Civil Procedure, signed in The Hague on 1 March 1954, and other multilateral international legal aid treaties, the parties to which the two States are parties,
Demonstrating the desire to improve mutual legal cooperation so far under the Agreement on Mutual Legal Assistance in Civil and Commercial Matters, signed in Madrid on 26 November 1927, and the Convention on Recognition and Enforcement of Judgments, signed in Madrid on 26 November 1927,
decide to conclude this contract and agree to this end as follows:
CHAPTER I
GENERAL PROVISIONS
(1) State citizens of one Contracting Party enjoy the same legal protection in personal and property matters in the territory of the other Contracting Party as nationals of the other Contracting Party.
(2) The national citizens of one Contracting Party may appear before the judicial authorities of the other Contracting Party, defend their rights, submit applications, initiate proceedings and appeal under the same conditions as the national citizens of the other Contracting Party.
(3) The provisions of this Treaty on national citizens of the Contracting Parties shall apply mutatis mutandis to legal persons established under the law of one of the Contracting Parties who have their registered office in the territory of either Contracting Party.
(1) For the purposes of this Treaty, the term "civil matters' shall also include family and commercial matters.
(2) For the purposes of this Treaty, the term "judicial authority" shall refer to any State body of any Contracting Party whose jurisdiction is to discuss matters governed by this Treaty under the law of its State.
(3) Where, in the implementation of this Treaty, doubts arise as to the citizenship of a person, each Contracting Party shall, at the request of the other Contracting Party, inform whether that person is or is not a national citizen.
(1) The judicial authorities of the Contracting Parties, when implementing this Treaty, shall meet each other through the competent central authorities, unless otherwise provided for in this Treaty.
(2) For the purposes of this Treaty, central authorities shall mean:
(a) on the part of the Czechoslovak Socialist Republic:
- General Prosecutor of the Czechoslovak Socialist Republic
- Ministry of Justice of the Czech Socialist Republic,
- Ministry of Justice of the Slovak Socialist Republic,
(b) on the part of Spain:
Justice Department.
(3) The central authorities of the Contracting Parties shall use their official languages in their mutual relations in the implementation of this Treaty.
CHAPTER II
LEGAL ASSISTANCE IN CIVIL MATTERS
Method of contact
(1) In order to facilitate the implementation of the Convention on Civil Procedure, signed at The Hague on 1 March 1954, the Parties agree to include in this Treaty the provisions set out in this Chapter.
(2) The judicial authorities of the Contracting Parties, when implementing the Convention on Civil Procedure, signed in The Hague on 1 March 1954, meet as provided for in Article 3 of this Treaty.
Request
(1) The application shall contain:
(a) the designation of the applicant authority;
(b) the designation of the requested authority;
(c) the indication of the case in which legal aid is sought;
(d) the names and surnames of the participants and, in the case of their representatives, their place of residence or temporary residence, their nationality and occupation, where possible, the place and date of their birth and the names and surnames of their parents; for legal persons, their name and registered office;
(e) the subject matter of the request and the particulars necessary for the completion of the request.
(2) The application shall state the date of its signature, the signature and the stamp of the competent authority shall be signed in manuscript.
(3) If the address indicated in the request is not accurate or if the person to whom the request relates does not reside at that address, the requested authority shall take measures to establish its correct address.
(4) Upon completion of the request, the requested authority shall return the files to the requesting authority. In the event that the request cannot be met, the requested authority shall return the files to the requesting authority and at the same time notify the reasons for which the request cannot be dealt with.
Service
(1) The proof of service shall be sent without delay to the requesting Contracting Party.
(2) If service cannot be effected, the requested Contracting Party shall immediately notify the requesting Contracting Party of the reasons.
Processing of requests by diplomatic missions or consular posts
The Contracting Parties may deliver documents to their national citizens and hear them through their diplomatic missions or consular offices. In such cases, enforcement measures shall not be used.
Protection of witnesses and experts
(1) A person who is resident in the territory of one Contracting Party and who is to be heard before a judicial authority of the other Contracting Party having jurisdiction in civil matters as a witness or expert shall not be required to appear at the appeal of that authority; The summons must therefore not contain a threat of coercion in the event that they do not appear.
(2) A witness or expert, whatever nationality he / she resides in the territory of one of the Contracting Parties and who appears on a summons to the judicial authority of the other Contracting Party, may not be prosecuted or subjected to restrictions of liberty on his / her territory for an act which he / she has committed before, following a summons, he / she has crossed the national borders of the requesting Contracting Party, he / she may not be punishable for such an act previously imposed or may not be prosecuted in connection with the submission of evidence or expert opinion.
(3) The witness or expert shall cease the protection referred to in paragraph 2 of this Article if he has not left the territory of the requesting Contracting Party within seven days of the date on which the judicial authority which has summoned him has notified him that his presence is no longer necessary or if he has left the territory of the requesting Contracting Party and has voluntarily returned there. That period shall not exceed the period for which the witness or expert could not leave the territory of that Contracting Party for reasons which are independent of him.
(4) The person called upon shall be entitled to reimbursement of travel and subsistence expenses, as well as the loss of earnings, and the expert, in addition, of the expert's fees. The summons shall specify the compensation to be paid to the appellant. An advance shall be granted upon request for reimbursement of expenditure.
Legal aid costs
(1) The Contracting Parties will not require reimbursement of the costs of the request, other than the fees and other expenses incurred in carrying out expert evidence.
(2) The performance of the expert's evidence may be subject to the condition of the deposit.
(3) The requested authority shall, at the request of the applicant authority, notify the applicant authority of the amount of the costs incurred in carrying out the request.
Legal information
The central authorities of the Contracting Parties shall, within the scope of this Treaty, provide each other, upon request, with information on the legislation applicable or applicable in their territory, as well as the texts thereof, and information on the practice of the judicial authorities.
Validity and powers of proof of documents
(1) The documents, issued or authenticated in the prescribed form and bearing the official stamp of the competent national authority or official body in accordance with the laws of one Contracting Party, do not require further verification in the territory of the other Contracting Party. This shall also apply to letters and signatures which have been verified in accordance with the provisions of one of the Contracting Parties.
(2) For the purposes of this Treaty, authentic instruments issued in the territory of one of the Contracting Parties shall have the same powers of proof before the State authorities of the other Contracting Party as those conferred on them by the law of the Contracting Party in whose territory they have been issued.
Identification of addresses and other data
(1) The central authorities of the Contracting Parties shall, upon request, assist each other in identifying the addresses of persons staying within their territory, if necessary to exercise the rights of their national citizens.
(2) Where a maintenance claim is lodged with the judicial authority of one Contracting Party against a person residing in the territory of the other Contracting Party, that Contracting Party shall, upon request, also assist in determining the source and amount of the income of that person.
Sending of personal documents and other documents
(1) The Contracting Parties shall send each other statements of birth, marriage and death of nationals of the other Contracting Party, as well as communications of any changes in those matrices concerning the nationals of the other Contracting Party. These statements shall be sent as soon as the registration has been made.
(2) At the request of one Contracting Party, the other Contracting Party shall send extracts of the matrices for official use.
(3) The extracts from the matrix provided for in this Article shall be sent free of charge by diplomatic channels.
Requests from the national citizens of the Contracting Parties for an extract from the register or any other document relating to the personal condition may be sent directly to the competent authority of the other Contracting Party. The requested documents shall be sent to the applicant via the diplomatic mission or consular post of the State of issue of the document. The diplomatic mission or consular post shall, upon transmission from the applicant, levy a fee for the completion of the document. The provisions of Article 25 of the Convention on Civil Procedure, signed in The Hague on 1 March 1954, are without prejudice to this.
The Contracting Parties shall send each other, in the manner referred to in Article 13 (3) of this Treaty, copies of the decisions concerning the personal status of the nationals of the other Contracting Party, which have acquired legal authority.
CHAPTER III
RECOGNITION AND PERFORMANCE OF THE DECISION
The Contracting Parties shall recognise and implement in their territory the following decisions issued in the territory of the other Contracting Party:
(a) decisions of judicial authorities in civil matters;
(b) decisions of judicial authorities in criminal matters relating to damages and other civil claims;
(c) the decision of the arbitration bodies.
The provisions of this Chapter shall not apply to:
(a) bankruptcy, insolvency and other similar matters;
(b) social security decisions;
(c) a decision to compensate for damage caused by nuclear energy.
For the purposes of this chapter, the expression:
(a) 'decision' - enforceable decisions of the judicial authorities, the arbitration bodies and the conciliation approved by them;
(b) "court of origin" - the judicial authority which issued the decision for which recognition or enforcement is sought;
(c) "State of origin" - the Contracting Party in whose territory the court of origin is situated or where the decision of the arbitration authority has been given;
(d) "requested court" - the judicial authority which decides on the recognition and enforcement of a judgment;
(e) "requested State" - the Contracting Party in whose territory recognition and enforcement are sought.
(1) For the purposes of this Chapter, jurisdiction shall be conferred on the court of origin where:
(a) at the time of the initiation of the procedure, the defendant was resident or temporarily resident in the State of origin;
(b) at the time of the initiation of the procedure, the defendant had a commercial, industrial or other establishment or branch of the defendant in the State of origin and is sued in that State for the activities of such establishment or branch;
(c) the facts giving rise to the damage claimed by the application to initiate proceedings have occurred in the territory of the State of origin;
(d) the property concerned is situated in the territory of the State of origin;
(e) the parties to the proceedings have agreed in writing the jurisdiction of the court of origin of disputes which have already arisen or which might arise from a legal relationship in the future, except where the law of the requested State does not permit a jurisdiction agreement in the case in question;
(f) the proceedings concern a contract commitment and the parties to the contract have expressly agreed that the undertaking has been or is to be fulfilled in the territory of the State of origin;
(g) the proceedings concern the succession of movable property and the deceased was a national citizen of the State of origin at the time of death.
(2) The powers of the authorities of the Contracting Parties to issue maintenance decisions are governed by the provisions of Article 3 of the Convention on the Recognition and Enforcement of a Decision on child maintenance, signed in The Hague on 15 April 1958.
Decisions referred to in Article 16 of this Treaty shall be recognised and executed on the condition that:
(a) the jurisdiction of the court of origin has been given in accordance with Article 19 of this Treaty;
(b) the decision has acquired legal authority and is enforceable under the law of the State of origin;
(c) recognition and enforcement shall not prevent the exclusive competence of the authorities of the requested State;
(d) the party against whom the decision has been given and who has not taken part in the proceedings has been summoned in due time and duly to participate in the proceedings and has been duly represented in the event of a procedural incapacity;
(e) the decision is not contrary to a decision which has acquired legal authority and was previously given in the same case between the same parties by the judicial authority of the requested State;
(f) proceedings shall not take place before the authority of the requested State between the same parties on the same case as first initiated;
(g) the decision of the judicial authority of a third State which has been given in the same case between the same participants has not been recognised or enforced in the territory of the requested State;
(h) the requested State considers that recognition or enforcement shall not jeopardise its sovereignty or security or conflict with its public policy.
Decisions of the arbitration authorities shall be recognised and enforced under the conditions laid down in Article 20 of this Treaty if:
(a) the decision shall be based on a written agreement on the jurisdiction of the arbitration body and shall be issued by the arbitration authority by an agreement determined within the limits of its authorisation provided for by the agreement; and
(b) the agreement on the jurisdiction of the arbitration authority shall be valid under the law of the party chosen and, if the rule of law has not been chosen by the parties, under the law of the requested State.
Recognition and enforcement may not be refused if the sole reason for refusal is that the court of origin has ruled under a rule of law other than those referred to in the international law of the private requested State. However, even in such a case, recognition or enforcement of a judgment may be refused if the court of origin has decided on a question relating to the personal situation or the capacity of a party to proceedings different from those which would have to be applied under the international law of the private requested State.
(1) Pre-enforceable decisions and interim measures shall be recognised and enforced in the requested State, even if they are subject to sound remedies where similar decisions may be issued and enforced in that State.
(2) The provisional measures ordered by the judicial authority of one Contracting Party shall be recognised and enforced in the territory of the other Contracting Party, even if proceedings are held in the territory of that other Contracting Party between the same parties in the same case, provided that the jurisdiction of the judicial authority which ordered the interim measures has been given in accordance with Article 19 of this Treaty.
(1) An application for recognition or enforcement of a judgment may be made directly to the competent court or judicial authority which has taken a decision on the matter as a body of the first instance; in that case, the application shall be forwarded to the judicial authority of the other Contracting Party in the manner referred to in Article 3 of this Treaty.
(2) The proposal shall be accompanied by:
(a) a complete and in accordance with the law of one or other Contracting Party, a certified copy of the judgment of the court of origin with a certificate of legal authority and enforceability, provided that such facts do not result from the actual wording of the decision;
(b) proof that the decision has been duly served under the law of the State of origin;
(c) proof that a party against whom a decision has been given and who has not taken part in the proceedings has been summoned in due time and properly to participate in the proceedings under the law of the State of origin and has been duly represented in the event of a procedural incapacity, unless this results from the wording of the decision itself;
(d) a certified translation of the application and of the documents referred to in points (a), (b) and (c) of this paragraph into the language of the requested State.
(1) The requested court shall be confined to determining whether the conditions laid down in this Treaty have been fulfilled. That authority shall be bound by the facts on the basis of which the court of origin has determined that its jurisdiction is given, except where a decision has been given in absentia.
(2) If the sentence contains several parts which can be separated, one or more of them may be recognised or executed separately.
(3) Unless otherwise provided for in this Treaty, the requested court shall proceed with the recognition and enforcement of decisions under the law of its State.
CHAPTER IV
FINAL PROVISIONS
(1) This Treaty shall be ratified. The replacement of instruments of ratification will take place in Prague.
(2) This Treaty shall enter into force on the 60th day following the replacement of the instruments of ratification.
(1) The Agreement between the Republic of Czechoslovakia and the Kingdom of Spain on Mutual Legal Assistance in Civil and Commercial Matters, signed in Madrid on 26 November 1927, and the Convention between the Republic of Czechoslovakia and the Kingdom of Spain on Recognition and Enforcement of Judgments, signed in Madrid on 26 November 1927, will cease to apply from the date of entry into force of this Treaty.
(2) The Protocol to the Convention on the Issue of Crimes and Legal Assistance in Criminal Matters, the Agreement on Mutual Legal Assistance in Civil and Commercial Matters and the Convention on Mutual Recognition and Enforcement of Judgments concluded and signed in Madrid on 26 November 1927 between the Republic of Czechoslovakia and the Kingdom of Spain, signed on 13 August 1928 in Madrid, does not apply to this Treaty.
This contract shall be concluded for an unlimited period. Each Contracting Party may terminate the contract by written notification by diplomatic means. The contract shall expire one year after the date of receipt of the notice.
To prove it, the agents of both parties signed this agreement and attached their seals to it.
Done at Madrid, 4 May 1987, in two original copies, each in the Czech and Spanish languages, the two texts being equally authentic.
For the Czechoslovak Socialist Republic:
Ing. Bohuslav Chubek v. r.
For Spain:
Francisco Fernández Ordoňez v. r.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 6 / 1989 Coll., on the Treaty between the Czechoslovak Socialist Republic and Spain on Legal Assistance, Recognition and Enforcement of Decisions in Civil Matters |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.01.1989 |
|---|---|
| Effective from | 10.12.1988 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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