Decree of the Minister for Foreign Affairs No. 66 / 1962 Coll.
Decree of the Minister for Foreign Affairs on the Treaty between the Czechoslovak Socialist Republic and the People's Republic of Poland on the regulation of legal relations in civil, family and criminal matters
Valid
Effective from 19.04.1962
Zobrazeno prvních 200 z celkem 435 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
66
DECLARATION
Minister for Foreign Affairs
of 14 June 1962
on the Treaty between the Czechoslovak Socialist Republic and the People's Republic of Poland on the regulation of legal relations in civil, family and criminal matters
On 4 July 1961, the Treaty between the Czechoslovak Socialist Republic and the People's Republic of Poland on the regulation of legal relations in civil, family and criminal matters was signed in Warsaw.
The Convention was approved by the National Assembly on 29 November 1961 and ratified by the President of the Republic on 29 December 1961. The instruments of ratification were exchanged in Prague on 20 March 1962.
Pursuant to Article 94 of the Treaty, the Treaty entered into force on 19 April 1962.
The Czech version of the Treaty is hereby published at the same time.
David v. r.
TREATY
between the Czechoslovak Socialist Republic and the Polish People's Republic on the regulation of legal relations in civil, family and criminal matters
President of the Czechoslovak Socialist Republic and State Council of the People's Republic of Poland
led by the desire to further strengthen friendly relations and to develop cooperation between the two states and their peoples also in the field of law, they have decided to conclude a Treaty on the regulation of legal relations in civil, family and criminal matters, and have appointed for this purpose their agents:
President of the Czechoslovak Socialist Republic
Alois Neumana, Minister of Justice of the Czechoslovak Socialist Republic,
State Council of the People's Republic of Poland
Mariana Rybický, Minister of Justice of the People's Republic of Poland,
who have exchanged their powers of attorney and found them in good and proper form have agreed on the following provisions:
GENERAL PROVISIONS
Legal protection
1. Citizens of one Contracting Party shall enjoy in the territory of the other Contracting Party the same legal protection in personal and property matters as their own citizens.
2. Citizens of one Party shall have free access to the authorities of the other Party in civil, family and criminal matters; may appear before those authorities, submit applications, actions and complaints, as well as request that other acts necessary to exercise their rights be carried out.
(3) Paragraphs 1 and 2 shall apply mutatis mutandis to legal persons.
Method of contact
1. The courts, prosecutors and notaries of the Contracting Parties shall meet directly in the course of mutual legal proceedings.
2. Other authorities active in civil, family and criminal matters shall meet through the authorities referred to in paragraph 1.
Language
The authorities of the Contracting Parties shall use the language of their own language or the language of the Russian language in contact under this Treaty.
Legal information
1. The Ministry of Justice of the Parties shall send each other legal provisions issued after this Treaty has become effective.
2. The Ministry of Justice and the Prosecutor General of the Parties shall, upon request, provide each other with information on the legislation applicable or in force in their Member States, as well as information on legal practice in civil, family and criminal matters.
Submission of items and foreign exchange values
If, under this Treaty, cases or foreign exchange values are to be surrendered from the territory of one Contracting Party to the territory of the other Contracting Party, or are to be surrendered to the diplomatic representative or consular post of the other Contracting Party, the relevant legislation of the Contracting Party whose authority has surrendered the matter or the foreign exchange value shall be respected.
Refusal to carry out operations
The implementation of acts under this Treaty may be refused if their execution could jeopardise the sovereignty or security of the requested Contracting Party.
CITIZENS AND FAMILY
Personal matters
Eligibility of physical and legal persons
1. The eligibility of a physical person for rights and legal acts shall be governed by the law of the Contracting Party whose citizen is that person.
2. The eligibility of a legal person shall be governed by the law of the Contracting Party under which the legal person was created.
Waiver
Save as otherwise provided in this Treaty, the competent authority of the Contracting Party whose citizen is the person to be deprived of his or her right shall be in order to waive his or her right to exercise his or her right; that authority shall apply the law of its State.
1. If the authority of one Contracting Party finds that the conditions for depriving a citizen of the other Contracting Party whose residence he is in the territory of that Party are met, it shall report to the competent authority of the other Contracting Party.
2. In urgent cases, the authority referred to in paragraph 1 may take the provisional measures necessary to protect that person or his property. A copy of the decision on these measures shall be sent to the competent authority of the Contracting Party whose citizen is that person.
3. If the authority of the other Contracting Party to which a report has been submitted pursuant to paragraph 1 or 2 does not take up the procedure itself or does not express itself within three months, the procedure for the waiver shall be carried out by the authority in whose district that person is resident; in so doing, apply the rule of law of its State where the reasons for the waiver of jurisdiction are also given under the law of the Contracting Party to which that person is a citizen. The decision to revoke shall be sent to the competent authority of the other Contracting Party.
Article 8 and Article 9 shall be applied mutatis mutandis when the waiver is lifted.
Declaration of death and proof of death
1. The competent authority of the Contracting Party whose citizen was that person at the time when he was last reported to be alive shall be to declare the person dead and to proceedings for proof of death.
2. The authority of one Contracting Party may, on application by a person residing in its territory, declare a citizen of the other Contracting Party dead or carry out proceedings for proof of death if that person is entitled to make such a request under the law of the Contracting Party whose authority is to decide.
3. The death declaration and the procedure for proof of death shall be governed by the law of the Contracting Party whose citizen was a person when, according to the latest reports, he was alive.
Family business
Marriage
1. The terms of the marriage shall be governed by the law of each of the bridesmaids of the Contracting Party whose fiancé is a citizen.
2. The form of marriage shall be governed by the law of the Contracting Party before which the marriage is to be concluded.
Personal and property ratios of spouses
1. The rights and obligations of the spouses and their assets shall be governed by the law of the Contracting Party whose citizens are both married; the jurisdiction of the court of the Contracting Party in whose territory the spouses are resident or last resident.
2. Where one of the spouses is a citizen of one Contracting Party and the other is a citizen of the other Contracting Party, these circumstances shall be administered in accordance with the law of the Contracting Party in whose territory the spouses are resident or last resident; the jurisdiction is the court of that Contracting Party.
Distribution
1. If both spouses are citizens of one Contracting Party, the divorce shall be the jurisdiction of the court of that Party. If they reside in the territory of the other Contracting Party, the court of that other Party shall also be responsible. Divorce shall be administered by the law of the Contracting Party whose citizens are married at the time of the application for divorce.
2. If, at the time of filing the divorce application, one of the spouses is a citizen of one Contracting Party and the other is a citizen of the other Contracting Party, the competent court of the Contracting Party in whose territory the spouses are, or last, resident; the court shall apply the law of its State.
Determine whether or not marriage and nullity of marriage
1. The finding that there is or is not a marriage and the declaration of invalidity of a marriage for breach of the terms of the marriage shall be governed by the law applicable pursuant to Article 12 (1).
2. The finding that there is or is no marriage and the declaration of invalidity of marriage for non-compliance at the time of the conclusion of the marriage shall be governed by the law of the Contracting Party before whose institution the marriage was concluded.
3. Article 14 shall apply mutatis mutandis to determine the jurisdiction of the court.
Parents and children
1. Recognition, detection and denial of paternity or maternity, as well as matters relating to parental power and the personal condition of the child, shall be governed by the law of the Contracting Party whose citizen is the child.
2. In the matters referred to in paragraph 1, the competent authority of the Contracting Party whose child is a citizen shall be. However, where both the applicant and the respondent reside in the territory of the same Contracting Party, the competent authority shall be the same Contracting Party.
Maintenance obligation
1. The maintenance obligation between relatives, as well as between persons whose marriage has been divorced or declared null and void, shall be administered by the law of the Contracting Party whose citizen is the beneficiary.
2. In the cases referred to in paragraph 1, the court of the Contracting Party in whose territory the beneficiary resides shall be competent.
Authorisation
1. The adoption shall be governed by the law of the Contracting Party whose citizen is the adopter.
2. The consent of the child and of another person or body shall be required if the law of the Contracting Party whose citizen is the child to be adopted so requires.
3. Where a child is acquired by spouses, one of whom is a citizen of one Contracting Party and the other a citizen of the other Contracting Party, the conditions laid down in the legal order of both Contracting Parties shall be fulfilled.
4. In matters of adoption, the competent authority of the Contracting Party whose citizen is the adopter shall be the competent authority of the Contracting Party; in the case referred to in paragraph 3, the competent authority of the Contracting Party within the territory of which the two spouses are resident.
5. The provisions of this Article shall also apply mutatis mutandis if it is found to be null or void.
Obligations and custody
1. Unless otherwise provided for in this Treaty, the competent authority of the Contracting Party whose citizen is the person to be established shall be in respect of matters of custody and custody.
2. The establishment and termination of custody and custody shall be governed by the law of the Contracting Party, the citizen of which is the person to be or to be established in the custody or custody.
3. Legal relationships between the guardian and the guardian, as well as between the guardian and the guardian, shall be governed by the law of the Contracting Party whose authority has established the custody or custody.
4. The obligation to assume custody or custody shall be governed by the law of the Contracting Party whose citizen is the person to be appointed as guardian or guardian.
5. Where the guardian or guardian is resident in the territory of one Contracting Party, he may be appointed as guardian or guardian of the other Contracting Party, provided that he resides in the territory of the Contracting Party in whose territory the contract or custody is to be carried out and that his provision is best suited to the interests of the guardian or guardian.
1. Where there is a need for custody or custody measures to protect the interests of a citizen of one Contracting Party whose residence or property is in the territory of the other Contracting Party, the authority of that Contracting Party shall immediately inform the competent authority referred to in Article 19 (1) thereof.
2. In urgent cases, the authority of the other Contracting Party may take appropriate provisional measures under the law of its State and shall report immediately to the competent authority referred to in Article 19 (1). Such measures shall remain in force until another decision of that authority.
3. The measures referred to in paragraph 2 may also be taken in the interests of a person whose residence is unknown and who has no representative.
1. The competent authority referred to in Article 19 (1) may delegate custody or custody to the authority of the other Contracting Party if the guardian or guardian is resident or property in the territory of that Contracting Party. The transfer shall become effective when the requested authority takes over custody or custody and informs the requesting authority.
2. The institution which has assumed custody or custody under paragraph 1 shall keep them in accordance with the law of its State. However, as regards eligibility for rights and legal acts, it shall apply the rights of the Contracting Party whose citizen is the guardian or guardian. Decisions relating to the personal situation shall not be authorised by that authority; may, however, grant marriage acceptance.
Hereditary matters
Hereditary law
1. The succession arrangements shall be governed by the law of the Contracting Party whose citizen was the deceased at the time of death.
2. Where the law of one Contracting Party in whose territory there is a property which is the subject of an inheritance includes restrictions on the inheritance of such property also in respect of citizens of that Contracting Party, those restrictions shall also apply to citizens of the other Contracting Party.
Principle of equality
Citizens of one Contracting Party shall have the same status in the territory of the other Contracting Party as citizens in respect of the eligibility to establish or revoke a will, as well as in respect of the ability to acquire the inheritance of property or other rights, regardless of whether the property is or whether the rights are established in the territory of one or the other Contracting Party.
The will
1. Eligibility to establish or abolish wills, as well as the legal effects of defects of the will, shall be governed by the law of the Contracting Party whose citizen was the deceased at the time of the establishment of the will or its abolition. This right is also relevant for determining which types of acquisition are permitted in the event of death.
2. The form of the will shall be governed by the law of the Contracting Party whose citizen was the deceased at the time when he established the will. It is sufficient, however, that the law of the Contracting Party in whose territory the will was established has been followed. The same applies to the cancellation of the will.
Jurisdiction of organs in matters of inheritance
1. The authority of the Contracting Party whose citizen was the deceased at the time of death shall be competent to discuss the movable inheritance, except in the cases referred to in paragraph 3 of this Article.
2. The competent authority of the Contracting Party in whose territory the property is situated shall be to discuss the real estate.
3. Where there is a whole movable inheritance in the territory of one Contracting Party, the authority of that Contracting Party shall, on the request of the heir or the referee, discuss it if all the heirs and references agree.
4. Paragraphs 1 to 3 shall also apply to the determination of the powers of the authorities in matters of succession.
Communication of deaths
1. If a citizen of one Contracting Party dies in the territory of the other Contracting Party, he shall inform the competent authority of that Party without delay of the diplomatic representative or consular office of the other Contracting Party, and shall at the same time communicate to him what he knows about the heirs and the references, their place of residence or residence, as well as the extent and value of the inheritance and whether a will has been established. This provision shall also apply where the competent authority of one Contracting Party has been informed that the assets of the other Contracting Party's citizen who died in the territory of a third State have remained in its territory. If the authority of the Contracting Party in whose territory the deceased is known that the deceased has also left the property in the territory of a third State, it shall also notify those circumstances.
2. If the diplomatic representative or consular post receives information on the death of a citizen of its State and receives information relating to the inheritance earlier, it shall inform the authority responsible for securing the inheritance.
3. If, in the territory of one Contracting Party, it has been established in the course of an inheritance proceedings that the heir or the referee is a citizen of the other Contracting Party, the competent authority shall inform the diplomatic representative or consular office of that Party without delay.
Authorisation of diplomatic representations and consular posts
In matters of succession, the diplomatic representative and consular offices of the Contracting Parties shall be entitled to represent their own citizens without special authority before the authorities of the other Contracting Party, provided that they are absent and do not appoint a representative.
Heritage
1. The authorities of the Contracting Parties shall, in agreement with the law of their State, take the measures necessary to ensure or manage the assets which are in their territory and which remain there after the citizen of the other Contracting Party or which are to belong to the citizen of that Party.
2. The competent authorities shall inform the diplomatic representative or consular post of the other Contracting Party without delay of the measures taken in agreement with paragraph 1; the diplomatic representative or consular post may, directly or through his representative, participate in the execution of such measures.
3. On a proposal from the diplomatic representative or consular post, the competent authorities may amend or repeal the measures taken.
Opening of the will
The competent authority of the Contracting Party in whose territory the will is situated shall be to open and declare the will. A certified copy of the will and a record of its opening and publication shall be sent to the authority responsible for dealing with the inheritance.
1. The authority of the Contracting Party with which the will of the person who was a citizen of that Party at the time of death is imposed shall, at the request of the authority responsible for securing the inheritance, issue a certified copy of the will.
2. The authority of one Contracting Party to which the will is lodged shall, at the request of the authority of the other Contracting Party, send it if the deceased has been a citizen of the other Contracting Party or if the authority of that Party has jurisdiction to dispute the authenticity of the will.
Issue of an inheritance
1. Motive inheritance or sums of cash resulting from the sale of movable or immovable property on the territory of one Contracting Party shall be issued after the end of the succession proceedings to heirs or references who are citizens of the other Contracting Party. Where such heirs or references are not present and have not appointed a representative, such inheritance or cash sums shall be issued by sale to the diplomatic representative or consular office of the Contracting Party of which they are citizens.
2. The issue referred to in paragraph 1 shall be possible if they have been:
(a) the claims of the creditors of the deceased and other claims relating to the inheritance entered within the period laid down by the law of the Contracting Party in whose territory the inheritance or the cash amounts obtained by its sale are satisfied or secured;
(b) taxes and inheritance charges paid or secured.
If the movable property remaining after the death of a citizen of one Contracting Party deceased in the territory of the other Contracting Party is of negligible value and none of the persons entitled to the inheritance reside in the territory of the other Contracting Party nor has he established a representative in that territory, that property shall be issued without inheritance to the diplomatic representative or consular office of the Contracting Party whose citizen was deceased. Before giving up the assets, the heirs shall be satisfied or secured by the diplomatic representative or consular office to the extent of that property by the debt of the creditors of the deceased entered within one month of receipt of the assets.
If a citizen of one Contracting Party dies on his way to the territory of the other Contracting Party and does not reside there, the matters which he had with him shall be sent without any inheritance proceedings to the diplomatic representative or consular office of the Contracting Party to which he was a citizen.
Property
Form of legal acts
1. The form of legal acts shall be governed by the legal rules applicable to legal acts. However, it is sufficient if the legal order in force at the place of the legal act has been applied.
2. Legal acts relating to real estate shall be governed by the law of the Contracting Party in whose territory the property is situated.
Real estate
1. The court of the Contracting Party in whose territory the property is situated shall be responsible for the proceedings relating to property rights in kind and other rights relating to property. The Court of First Instance shall apply the law of its State.
2. The provisions of paragraph 1 shall not be applied to property relationships between spouses and matters of succession as provided for in Articles 13 and 22.
Obligations arising from unlawful acts or other events resulting from an obligation to make good shall be administered by the law of the Contracting Party where such an act or event has occurred. The court of that Contracting Party shall be responsible. The injured party may also bring an action before the court of the Contracting Party in whose territory the defendant resides or the court of the Contracting Party in whose territory the property of the defendant is.
Costs
Exemption from the lodging of the defence guarantee
1. Citizens of one Contracting Party who appear before the courts of the other Contracting Party if they are resident or resident in the territory of one of the Contracting Parties may not be required to lodge a defence guarantee for the costs of the proceedings only because they are foreigners or do not reside in the territory of the other Contracting Party.
2. The exemption provided for in paragraph 1 shall be for the citizens of the Contracting Parties even if they are resident in the territory of another State with which the Contracting Party granting such exemption has a contract of mutual enforceability.
3. The Court of First Instance of one Contracting Party may require the citizens of the other Contracting Party who appear before it to deposit an advance on the costs of the proceedings under the same conditions and to the same extent as the citizens themselves.
4. Paragraphs 1 to 3 shall apply mutatis mutandis to legal persons.
Exemption from costs
Citizens of one Contracting Party shall be entitled, in the territory of the other Contracting Party, to exemption from fees and advances and other costs, as well as to a right to the provision of a free legal representative on the same terms and to the same extent as its own citizens.
1. For the application of the entitlements referred to in Article 38, a certificate of personal, family and property conditions and income issued by the competent authority of the Contracting Party in whose territory the applicant is resident or resident shall be submitted.
2. If the applicant is neither resident nor resident in the territory of any of the Contracting Parties, a certificate issued by the diplomatic representative or consular office of his State shall suffice.
3. The authority responsible for issuing the certificate referred to in paragraph 1 may ask the authorities of the other Contracting Party for the necessary clarification.
4. The authority determining the application for entitlement referred to in Article 38 may request further clarification from the authority which issued the certificate.
1. If the citizens of the Contracting Parties resident or resident in the territory of one of the Contracting Parties wish to exercise the rights referred to in Article 38 before the authority of the other Contracting Party, they may make such an application in writing to the authority competent according to their place of residence or residence. That authority shall send the minutes together with the certificate referred to in Article 39 (1) together with the other documents submitted by the applicant to the competent authority of the other Contracting Party.
2. At the same time as the application referred to in paragraph 1, an action or other application may be brought in the register.
The grant of exemption from fees and advances and other costs and the provisions of a legal representative free of charge shall apply to the whole proceedings in the same case until final termination, including enforcement proceedings. This shall also apply where further proceedings in the same case are conducted before another authority of the same or other Contracting Party.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 66 / 1962 Coll., on the Treaty between the Czechoslovak Socialist Republic and the People's Republic of Poland on the regulation of legal relations in civil, family and criminal matters |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.07.1962 |
|---|---|
| Effective from | 19.04.1962 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0