Communication from the Federal Ministry of Foreign Affairs No 63 / 1990 Coll.
Communication from the Federal Ministry of Foreign Affairs on the Treaty between the Czechoslovak Socialist Republic and the People's Republic of Hungary on legal aid and the regulation of legal relations in civil, family and criminal matters
Valid
Effective from 12.02.1990
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63
COMMUNICATION
Federal Ministry of Foreign Affairs
The Federal Ministry of Foreign Affairs states that on 28 March 1989 the Treaty between the Czechoslovak Socialist Republic and the People's Republic of Hungary on legal aid and the regulation of legal relations in civil, family and criminal matters was signed in Bratislava.
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 Budapest on 13 January 1990.
The Treaty shall enter into force on 12 February 1990 pursuant to Article 93 thereof. The Treaty between the Czechoslovak Socialist Republic and the People's Republic of Hungary on the regulation of legal relations in civil, family and criminal matters of 2 November 1961, published in No. 91 / 1962 Coll.
The Slovak version of the Treaty is hereby published simultaneously. *)
TREATY
between the Czechoslovak Socialist Republic and the Hungarian People's Republic on legal aid and the regulation of legal relations in civil, family and criminal matters
President of the Czechoslovak Socialist Republic
and
The President
led by the desire to consolidate, as far as possible, universal friendship and to develop cooperation between the two States and their peoples in accordance with the Treaty of Friendship, Cooperation and Mutual Assistance between the Czechoslovak Socialist Republic and the Hungarian People's Republic of 14 June 1968,
in order to deepen and improve the provision of legal assistance and legal relations between judicial and other legal bodies and the protection of the rights and interests of citizens
decide to conclude this contract; and
to this end they have appointed their authorised officers:
President of the Czechoslovak Socialist Republic
Academic Milan Čič
Minister of Justice of the Slovak Socialist Republic,
The President
Academic of Kalman Kulcsár
the Minister for Justice,
who, following the exchange of their full powers which they found in proper and proper form, have agreed as follows:
General provisions
Legal protection
(1) National citizens of one Contracting Party enjoy the same legal protection in personal and property matters in the territory of the other Contracting Party as national citizens of the other Contracting Party.
(2) The national citizens of one Contracting Party shall have the right to contact the authorities of the other Contracting Party in civil, family and criminal matters, to appear before them, to submit applications and proposals and to perform other procedural acts under the same conditions as the nationals of the other Contracting Party.
(3) The provisions of this Treaty shall apply mutatis mutandis to legal persons.
(4) For the purposes of this Treaty, civil matters shall also include labour matters and cooperative member relations.
Legal aid
(1) Courts, prosecutors, public notaries (hereinafter referred to as "judicial authorities") and other bodies active in civil, family and criminal matters provide legal assistance in these matters.
(2) Only competent judicial authorities shall provide each other with legal assistance in matters of work.
Method of contact
(1) The judicial authorities of the Contracting Parties shall meet directly when implementing this Treaty, unless otherwise provided for in this Treaty.
(2) Other institutions active in civil, family and criminal matters shall meet in implementation of this Treaty through the competent judicial authorities, unless otherwise provided for in this Treaty.
(3) The central authorities within the meaning of this Treaty are the General Prosecutor of the Czechoslovak Socialist Republic, the Ministry of Justice of the Czech Socialist Republic and the Ministry of Justice of the Slovak Socialist Republic; by the People's Republic of Hungary, the Ministry of Justice of the People's Republic of Hungary and the General Prosecutor of the People's Republic of Hungary.
Use of language
(1) The authorities of the Contracting Parties shall use their own official language or Russian language in connection with the implementation of this Treaty.
(2) In order to facilitate legal proceedings, translations of documents in the language of the requested Contracting Party shall be attached, as far as possible, even in those cases where the contract does not prescribe them.
Scope of legal aid
The Contracting Parties shall provide legal assistance to each other through the performance of each operation, in particular by typing, sending and delivering documents, carrying out inspections, withdrawing and handing over factual evidence, obtaining and carrying out expert opinions, interviewing participants, accused persons, witnesses, experts and other persons and executing decisions.
Content of the request for legal aid
(1) The application shall contain:
(a) the designation of the applicant authority;
(b) the designation of the requested authority;
(c) an indication of the case in which legal aid is sought;
(d) the name and surname of the participants, the place of their permanent or temporary residence, their citizenship, profession and in criminal matters in the case of the accused, the accused or the convicted as far as possible, the place and date of birth and the name of the parents; for legal persons, their name and registered office;
(e) the names, surnames and addresses of the witnesses and representatives of the persons referred to in (d);
(f) the subject matter of the request and the particulars needed to handle the request;
(g) in criminal matters, a copy and a description of the offence committed.
(2) The application shall be accompanied by the signature of the authorised official and an official stamp of the applicant authority.
(3) The Contracting Parties may use bilateral forms to provide legal assistance.
Form of the request
(1) The requested authority shall apply the law of its State when handling the request. At the request of the applicant authority, the request shall be executed in the manner specified in the request, unless this is contrary to the legal order of the requested Contracting Party.
(2) If the requested authority is not competent, it shall send the request to the competent authority and inform the requesting authority accordingly.
(3) If the exact address of the person mentioned in the request is not known, the requested authority shall take the necessary measures to ascertain it. If it cannot find an address, it shall inform the requesting authority thereof and return the request at the same time.
(4) At the request of the applicant authority, the requested authority shall notify the requesting authority and interested parties in due time of the place and time of the request.
(5) Upon completion of the request, the requested authority shall return the files to the requesting authority; in cases in which the request could not be met, it shall at the same time notify the reasons for the return of the files which prevented its execution.
Protection of witnesses and experts
(1) The summons of a witness or expert residing in the territory of one Contracting Party may not include a threat of the use of coercive devices in the event of failure to appear.
(2) A witness or expert who, following a summons, appears before the requesting authority of the other Contracting Party, may not be prosecuted under criminal or administrative provisions, regardless of his nationality, for an offence covered by the request or for any other act which he has committed before crossing the national borders of the requesting Contracting Party, and it is not possible to carry out the penalty imposed for such an offence.
(3) However, such protection shall be lost by a witness or expert if he does not leave the territory of the requesting Contracting Party within a week of being notified by the requesting authority that his presence is no longer necessary. The period of time within which the witness or expert could not leave the territory of the requesting Contracting Party without his fault shall not be counted.
(4) The witness or expert has the right to reimbursement of travel and subsistence expenses, as well as the loss of earnings and the expert, in addition to the fees. The summons shall indicate the compensation to the witness or expert. At his request, he shall be granted an advance payment of the costs.
Service
The requested authority shall service the documents in accordance with the law of its State if the document served is written in the language of the requested Contracting Party or accompanied by a certified translation into that language. Otherwise, he will deliver the document to the addressee if he is willing to accept it voluntarily. Article 6 and 7 of this Treaty shall apply mutatis mutandis.
Proof of service
The service shall be furnished by a certificate signed by the consignee and stamped by an official stamp of the requested authority, by the date and signature of the authorised official or by a certificate issued by the requested authority proving the method, place and time of service. If the document to be served is sent in duplicate, the receipt of the document and the service made may also be certified on the second copy.
Service to own state citizens
The Contracting Parties may also deliver documents to their national citizens through their diplomatic missions or consular posts.
Legal aid costs
(1) The requested Contracting Party shall not request reimbursement of costs for the completion of the request. Each Contracting Party shall bear all costs incurred in providing legal assistance on its territory.
(2) The requested authority shall notify the applicant authority of the amount of costs incurred. If the applicant authority authorises the payment of costs from the person who is obliged to pay it, the costs shall remain with the requesting Contracting Party.
Legal information
The central authorities of the Contracting Parties shall, upon request, provide each other with information on the legislation in force or in force on their territory, as well as information on the legal practice of the judicial authorities and on other legal issues.
Identification of addresses and other data
(1) Upon request, the judicial authorities of the Contracting Parties shall assist each other in identifying the addresses of persons present within their territory, where necessary to exercise the rights of their national citizens.
(2) If a maintenance claim is applied in the judicial authority of one Contracting Party against a person residing in the territory of the other Contracting Party, the judicial authority of that Contracting Party shall, upon request, provide assistance in identifying the employer of that person and the amount of his income.
Certificate validity
(1) The documents issued or verified by the competent authority of one Contracting Party and bearing the stamp and signature of the authorised official shall be used in the territory of the other Contracting Party without further verification. The same applies to copies and translations of documents verified by the competent authority.
(2) Acts which are considered to be public in the territory of one Contracting Party have the power of proof in the territory of the other Contracting Party.
Sending personal documents
(1) The competent authorities of the Contracting Parties shall send each other an extract of the matrices relating to the registration of nationals of one Contracting Party in the matrices of the other Contracting Party. The extracts will be sent immediately after the registration into the register, free of charge by diplomatic channels. This also applies to additional entries, changes or corrections to entries.
(2) The competent authorities of one Contracting Party shall, at the request of the authorities of the other Contracting Party, send the required extracts for official use free of charge by diplomatic means.
(3) Requests from the national citizens of one Contracting Party to send an extract from the register may be sent directly to the competent authority of the other Contracting Party. The requested documents shall be sent to the applicant through a diplomatic mission or consular post of the Contracting Party whose authority issued the document. The diplomatic mission or consular post shall, upon surrender, levy a fee on the applicant for drawing up the document.
The competent authorities of the Contracting Parties shall send copies of final decisions concerning the personal status of nationals of the other Contracting Parties.
Requests by national citizens of one Contracting Party for the issue and transmission of educational documents, the duration of employment, including wages or other documents relating to personal or property rights and the interests of such nationals may be sent directly to the competent authority of the other Contracting Party. If the authority is not competent to issue and send such documents, it shall send the application to the competent authority and inform the applicant accordingly. The requested documents shall be sent to the applicant through a diplomatic mission or consular post of the Contracting Party whose authority issued the document. The diplomatic mission or consular post shall, upon surrender, levy a fee on the applicant for drawing up the document.
Issue of items and transfer of money
Where, pursuant to the provisions of this Treaty, the surrender, export or transfer of goods, means of payment or claims takes place, this shall be done in accordance with the law of the requested Contracting Party.
Civil and family matters
Obstacles to proceedings initiated and decision of the case
Where the jurisdiction of the judicial authorities of the two Contracting Parties under this Treaty is given and proceedings are initiated in the same case between the same parties before the judicial authorities of the two Contracting Parties, the judicial authority before which the proceedings were initiated later shall either terminate the proceedings or reject the application under the law of its State. Similarly, this applies to a final decision.
Personal matters
Eligibility for rights and legal acts
(1) The eligibility of a natural person for rights and legal acts is governed by the law of the Contracting Party whose national citizen is that person.
(2) The eligibility of a legal person for rights and legal acts shall be governed by the law of the Contracting Party under which the legal person was created.
Save as otherwise provided in this Treaty, the jurisdiction of a court of a Contracting Party whose national citizen is the person whose capacity it is to decide shall be given to proceedings for the waiver or limitation of legal capacity.
(1) If a court of one Contracting Party finds that there are grounds for depriving or restricting the legal capacity of a national of the other Contracting Party who resides in its territory, it shall inform the competent court of the other Contracting Party accordingly. This is also the case if the court takes the temporary measure necessary to protect this citizen or his property.
(2) If the court of the other Contracting Party which has been informed of the grounds for the waiver or limitation of legal capacity does not initiate proceedings within three months, or does not express itself within that period, it shall initiate proceedings for the removal or limitation of legal capacity of the court of the Contracting Party in whose territory that national citizen resides. In such a case, a decision on the waiver or limitation of legal capacity may be taken only for reasons laid down by the laws of both Parties. The decision to waive or restrict legal capacity shall be sent to the competent court of the other Contracting Party.
The provisions of Article 23 of this Treaty shall apply mutatis mutandis to decisions on the repayment of legal capacity.
Declaration for dead, missing and proof of death
(1) The death declaration is governed by the law of a Contracting Party whose national citizen was the person to be declared dead at a time when, according to the latest reports, he was still alive.
(2) The power to hear a citizen declare dead is conferred on the court of the Contracting Party whose national citizen was the person to be declared dead at a time when, according to the latest reports, he was still alive.
(3) The court of one Contracting Party may declare a citizen of the other Contracting Party dead:
(a) on application by a person who wishes to claim the right of inheritance or matrimonial property to the property of a missing person situated in the territory of the Contracting Party whose authority is conducting proceedings;
(b) at the request of a missing spouse who, at the time of the application, resides in the territory of the Contracting Party whose authority is conducting proceedings.
(4) In the cases referred to in paragraph 3, the legal rules referred to in paragraph 1 shall apply. Decisions taken pursuant to paragraph 3 shall have legal consequences only within the territory of the Contracting Party whose court has ruled on the case.
(5) The provisions of paragraphs 1 to 4 shall apply mutatis mutandis to the declaration of missing persons and proof of death.
Family business
Marriage
(1) The conditions for the conclusion of a marriage shall be governed by the law of the Contracting Party to which he is a national for each citizen intending to marry.
(2) The form of marriage is governed by the law of the Contracting Party in whose territory the marriage is concluded.
Personal and property relations of spouses
(1) The personal and property relations of spouses who are nationals of one Contracting Party and residing in the territory of the other Contracting Party shall be governed by the law of the Contracting Party to which they are nationals.
(2) Where one of the spouses is a State citizen of one Contracting Party and the other is a State citizen of the other Contracting Party, their personal and property relations shall be governed by the law of the Contracting Party in whose territory they have, or last have, their common residence. If they did not have such a common residence, the court shall apply the law of its State.
(3) The jurisdiction of the courts of both Contracting Parties is conferred on the proceedings concerning the personal and property relations of the spouses.
Distribution
(1) The divorce of spouses who are nationals of a Contracting Party and who are resident in the territory of the other Contracting Party at the time of the submission of the proposal is governed by the law of the Contracting Party whose nationals are nationals at the time of the submission of the proposal.
(2) If one of the spouses is a State citizen of one Contracting Party and the other is a State citizen of the other Contracting Party, the court shall apply the law of its State.
(3) The powers of divorce proceedings are conferred on the courts of both Contracting Parties.
Determination of the absence of marriage and invalidity of marriage
(1) The determination of the absence of marriage and the nullity of marriage due to the lack of basic conditions for the conclusion of marriage is governed by the legal order which should have been applied under Article 26 (1) of this Treaty.
(2) The determination of the absence of a marriage and the declaration of invalidity of a marriage for a breach of the form of marriage is governed by the law in force at the place where the marriage was concluded.
(3) The jurisdiction of the courts of the two Contracting Parties to determine the absence of a marriage and the invalidity of a marriage shall be conferred on them.
Legal relations between parents and children
(1) The designation, recognition and denial of paternity are governed by the law of the Contracting Party in whose territory the child was born.
(2) As regards the form of recognition of paternity, it is sufficient that the procedure was followed in accordance with the law of the Contracting Party in whose territory recognition took place.
(3) Other legal relations between parents and children, in particular the education and nutrition arrangements of the child, shall be governed by the law of the Contracting Party in whose territory the child resides.
(4) The jurisdiction of the authority of the Contracting Party in whose territory the child resides shall be given to proceedings concerning legal relations between parents and children. In the event of the divorce of parents, the authority of the institution before which the divorce proceedings are held shall be given.
Other types of maintenance obligation
(1) Other types of maintenance obligation under family law shall be governed by the law of the Contracting Party whose national citizen is the person claiming maintenance.
(2) Jurisdiction of proceedings shall be given to the court of the Contracting Party in whose territory the person claiming maintenance is resident.
Authorisation
(1) The authorisation is governed by the law of a Contracting Party whose State citizen is the beneficiary at the time of the application for adoption.
(2) To be adopted, the child, as well as other persons and authorities, must give his consent, if required by the laws of the Contracting Party whose national citizen is the child.
(3) If the child is recruited by a spouse, one of whom is a national of one Contracting Party and the other a national of the other Contracting Party, the conditions laid down by the laws of both Contracting Parties shall be fulfilled.
(4) The adoption procedure shall be subject to the authority of the authority of the Contracting Party whose State is the acquirer at the time of the adoption application; where the child is taken up by a spouse, one of whom is a national citizen of one Contracting Party and the other a national citizen of the other Contracting Party, the authority of the authority of the Contracting Party in whose territory the spouses have, or last had, their common residence shall be given.
(5) The provisions of the preceding paragraphs shall apply mutatis mutandis to the abolition of adoption.
Security and guardianship
(1) The establishment and termination of custody and custody are governed by the law of the Contracting Party whose national citizen is the guardian and guardian.
(2) Legal relations between the guardian and the guardian and between the guardian and the guardian shall be governed by the law of the Contracting Party whose authority has appointed the guardian or guardian.
(3) The obligation to accept the post of guardian and guardian is governed by the law of a Contracting Party whose national citizen is the person to be appointed as guardian or guardian.
(4) The power of the authority of the Contracting Party whose national citizen is the guardian or guardian shall be conferred on custody and custody proceedings.
(5) Where the guardian or guardian is resident in the territory of one Contracting Party, a national of the other Contracting Party may also be appointed as guardian or guardian, provided that he resides in the territory of the Contracting Party where custody or custody is to be carried out and that his provision is best suited to the interests of the guardian or guardian.
(1) Where custody or custody measures are necessary to protect the interests of a national of one Contracting Party whose residence or property is in the territory of the other Contracting Party, the authority of that Contracting Party shall inform the authority referred to in Article 33 (4) of this Treaty without delay.
(2) In urgent cases, the authority of the other Contracting Party may take appropriate temporary measures in accordance with the legal order of its State, but shall inform the authority referred to in Article 33 (4) of this Treaty without delay. Those measures shall remain in force until another decision of that authority.
(1) The authority whose jurisdiction is given in accordance with Article 33 (4) of this Treaty may delegate custody or custody to the authority of the other Contracting Party if the person who has been appointed as guardian or guardian resides in the territory of that Contracting Party, temporary residence or property. The delegation of custody or custody shall become effective if the requested authority takes over custody or custody and informs the requesting authority accordingly.
(2) The authority which has taken over custody or custody under paragraph 1 shall keep it in accordance with the law of its State; however, as regards eligibility for rights and legal acts, it shall proceed in accordance with the law of the Contracting Party whose national citizen is the guardian or guardian. It shall not be entitled to take decisions on personal status; may, however, grant consent to the conclusion of a marriage where this is required under the law of a State whose national citizen is a guardian or guardian.
Property
Form of legal acts
(1) The form of legal acts shall be governed by the law of the Contracting Party which governed the legal act itself. However, it is sufficient that the law of the Contracting Party in whose territory the act has been taken is followed.
(2) The form of legal acts relating to immovable property is governed by the law of the Contracting Party in whose territory the property is situated.
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Regulation Information
| Citation | Communication from the Federal Ministry of Foreign Affairs No. 63 / 1990 Coll., on the negotiation of the Treaty between the Czechoslovak Socialist Republic and the People's Republic of Hungary on legal aid and the regulation of legal relations in civil, family and criminal matters |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.03.1990 |
|---|---|
| Effective from | 12.02.1990 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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