Decree of the Minister for Foreign Affairs No. 72 / 1966 Coll.
Decree of the Minister for Foreign Affairs on the Convention on Civil Procedure
Valid
Effective from 11.08.1966
72
DECLARATION
Minister for Foreign Affairs
of 5 August 1966
concerning the Convention on Civil Procedure
The Convention on Civil Procedure was negotiated in The Hague on 1 March 1954.
The Convention was approved by the National Assembly and the President of the Republic by signing the Charter on the access of the Czechoslovak Socialist Republic to that Convention.
Pursuant to Article 28 of the Convention, the Convention will enter into force for the Czechoslovak Socialist Republic on 11 August 1966.
The Czech translation of the Convention is being announced simultaneously.
First Deputy Minister:
Dr Gregor v. r.
CONVENTION
on civil procedure
Signatories of this Convention, guided by the wish to improve, based on experience gained, the Convention of 17 July 1905 on Civil Procedure, have decided to conclude a new Convention for this purpose and have agreed on the following provisions:
I. Service of judicial and extrajudicial files
The service of files in civil or commercial matters to persons abroad shall be carried out in the Contracting States at the request of the consul of the State requesting the requested authority designated by the requested State. An application containing an indication of the authority from which the file is lodged, the name and position of the parties, the address of the consignee, the nature of the file to which it relates shall be drawn up in the language of the requested authority. That authority shall send the consul a document proving service or indicating the fact which prevented service.
Any defects that would arise in connection with the consul's request will be addressed by diplomatic channels.
Each Contracting State may declare in a communication addressed to the other Contracting States that it expects the request for notification to be made in its territory, containing the information referred to in paragraph 1, to be sent to it by diplomatic means.
The previous provisions shall not preclude two Contracting States from agreeing to allow direct service between their competent authorities.
Service shall be carried out by the authority competent under the laws of the State of the requested person. That authority may, except in the cases foreseen in Article 3, restrict itself to making service by submitting the file to the recipient who accepts the file voluntarily.
The file to be served shall be attached to the application in duplicate.
Where the file received is drawn up either in the language of the requested authority or in a language agreed between the two participating States, or is accompanied by a translation into one of those languages, the requested authority shall, in the event that such a request is expressed in the request, transmit the file in the form prescribed for the exercise of similar service by internal legislation or in a special form, provided that such form does not contradict that legislation. If no such request is expressed, the requested authority shall first attempt to make the notification provided for in Article 2.
If there is no other agreement, the translation referred to in the preceding paragraph shall be verified by a diplomatic or consular representative of the State requesting or sworn interpreter of the State addressed.
The exercise of the service provided for in Articles 1, 2 and 3 shall be refused only if the State on whose territory the service should be effected considers it capable of endangering its sovereignty or security.
The proof of service shall be made either by a receipt dated and authenticated by the consignee or by a confirmation from the Office of the State of the requested person, identifying the execution, form and date of service.
The receipt or confirmation shall be on or attached to one of the two copies of the file delivered.
The provisions of the previous Articles shall not preclude:
1. the participants located abroad have been sent directly by post,
2. the participants have effected service directly by executive or other competent officials in the country of destination,
3. Each State has delivered files to persons abroad directly by diplomatic or consular representatives.
In each of these cases, that possibility exists only if it is permitted by contracts between the participating States or, if there are no such contracts, if the State in whose territory the service is to be effected does not oppose it. That State would not be in a position to oppose that if, in the case of paragraph 1 of Article 3, the file is to be served without coercion to a national of the requesting State.
Delivery shall not entail any obligation to pay fees or charges of any kind.
However, if there is no other agreement, the requested State shall be entitled to claim from the requesting State compensation for expenses incurred by the participation of the Executive Officer or by the use of a special form in the cases referred to in Article 3.
II. Request
In civil or commercial matters, the judicial authority of one Contracting State may, in accordance with the provisions of its legislation, apply to the competent authority of the other Contracting State and ask it to carry out either an investigative or other judicial action in its territory.
Requests shall be sent to the consul of the State requesting the authority designated by the State addressed. That authority shall send the consul a document confirming the execution of the request or indicating the fact which prevented the execution of the request.
Any defects that would arise in this procedure will be addressed by diplomatic channels.
The previous provisions shall not preclude two Contracting States from agreeing to allow direct correspondence between their competent authorities.
If there is no other agreement, the request shall be drawn up either in the language of the requested authority or in a language agreed between the two participating States, or be accompanied by a translation into one of those languages certified by the diplomatic or consular representative of the State requesting or by an interpreter of the requested State.
The judicial authority to which the request is addressed shall comply, using such coercive means as for the execution of the request from the authority of the State of the requested party or a request made for that purpose by a party concerned. Such coercive means may not necessarily be used if they are a personal appearance in the case of the parties involved.
The requesting authority shall, if it so requests, be informed of the date and place where the requested action will be carried out so that the interested party can be present.
An application may be refused only if:
1. the authenticity of the deed is not placed on certainty;
2. the execution of the request in the requested State is not within the jurisdiction of the requested State,
3. the State in whose territory the request should be made considers it capable of endangering its sovereignty or its security.
In the event that the requested authority is not competent, the request shall be forwarded on the official responsibility of the authority of the same State in accordance with the rules laid down by the legislation of that State.
In all cases where the request has not been lodged by the requested authority, that authority shall immediately inform the requesting authority thereof, indicating in the case of Article 11 the reasons for which the request has been denied and, in the case of Article 12, the authority to which the request has been submitted.
The judicial authority which accedes to the processing of the request shall apply the laws of its own country as regards the forms of the proceedings.
However, the request of the requesting authority to follow a special form shall be granted if this form is not contrary to the legislation of the requested State.
The provisions of the previous Articles shall not preclude each State from having a request made directly by its diplomatic or consular representatives, where contracts concluded between the participating States so permit, or where the State in whose territory the request is to be made does not oppose that.
The payment of fees or charges of any kind shall not be required for the performance of the request.
However, unless otherwise agreed, the requested State will be entitled to require the State requesting reimbursement of expenses paid to witnesses or experts, as well as the reimbursement of expenses incurred by the participation of the executive officer required because the witnesses did not show up voluntarily, or the reimbursement of expenses resulting from the possible application of Article 14 (2).
III. Security for the costs of the dispute
Members of a Contracting State residing in one of those States who will act as plaintiffs or interveners before the courts of another of those States may not be required to lodge a security or deposit in any way marked either because they are foreigners or because they do not reside or have their registered office in the country.
The same rule shall apply to the payment which could be applied to applicants or interveners for the purpose of securing judicial costs.
The conventions which the Contracting States have set aside for their members, regardless of their residence, the exemption from the defence guarantee or the payment of judicial costs shall continue to apply.
The judgment to pay the costs and procedural expenses rendered in one of the Contracting States against an applicant or intervener who is exempt from security, deposit or payment either in accordance with Article 17 (1) and (2) or in accordance with the law of the State where the action has been brought shall, at the request of a diplomatic service, become enforceable free of charge by the competent authority in each of the other Contracting States.
The same rule shall apply to judicial decisions determining the amount of the costs at a later date.
The foregoing provisions shall not preclude two Contracting States from agreeing that a request for a declaration of enforceability may be made by a directly interested party.
Decisions on costs and procedural expenses shall be declared enforceable without the hearing of the parties, but subject to a subsequent complaint from the sentenced party under the legislature of the State where enforcement is to take place.
The authority responsible for deciding on the application for a declaration of enforceability shall be limited to establishing whether:
1. according to the law of the country where the conviction has been declared, the establishment of the decision fulfils the conditions necessary for its authenticity;
2. under the same law, the decision has become final,
3. the operative part of the decision shall be drawn up either in the language of the requested authority or in a language agreed between the two States concerned, or whether it is accompanied by a translation made in one of those languages, certified, if not by other conventions, by a diplomatic or consular representative of the requesting State or by an interpreter of the State of the requested.
In order to comply with the conditions laid down in Articles 1 and 2 of paragraph 2, it shall be sufficient either to declare by the competent authority of the requesting State that the decision has acquired legal authority or to submit duly certified documents capable of proving that the decision has gained legal authority. If there is no other agreement, the jurisdiction of the aforementioned authority shall be confirmed by the highest executive officer of the judicial administration of the requesting State. The declarations and certificates mentioned above must be drawn up or presented in accordance with the rule contained in paragraph 2, number 3.
The authority responsible for deciding on the application for a declaration of enforceability shall, if the party so requests at the same time, estimate the costs of the certificates, translations and verifications referred to in paragraph 2, number 3. These costs will be considered as costs and costs of the procedure.
IV. Free Legal Assistance
Members of each Contracting State shall be granted free legal aid in civil and commercial matters in all other Contracting States as their own nationals in accordance with the legislation of the State where legal aid is requested.
In States where legal aid exists in administrative matters, the provisions of that paragraph shall apply equally to cases brought before the courts responsible for such matters.
The certificate or declaration of poverty must always be issued or accepted by the authorities of the place of habitual residence of the alien or, failing that, by the authorities of his current residence. Where those authorities do not belong to a Contracting State and do not accept or issue a certificate or a declaration of such a nature, the certificate or declarations issued or accepted by the diplomatic or consular representative of the country of which the alien is a national shall suffice.
If the applicant does not reside in the country where the application is made, the certificate or declaration of poverty shall be certified free of charge by the diplomatic or consular representative of the country where the instrument is to be submitted.
The authority responsible for issuing the certificate or accepting the declaration of poverty may request information from the authorities of the other Contracting Parties on the applicant's property situation.
The authority responsible for deciding on the application for authorisation of free legal aid shall, within the limits of its competence, have the right to examine the certificate, declaration and information submitted to it and to have additional information submitted to it in order to clarify it.
Where a person in need is located in a country other than that in which legal aid is to be sought free of charge, his application for legal aid, supported by certificates and declarations of poverty or other documents necessary for the examination of the application, may be sent by the consul of his country to the competent authority for the decision on the above-mentioned application or to the authority designated by the State in which the application is to be dealt with.
The provisions contained in Article 9 (2), (3) and (4) of the abovementioned Articles 10 and 12 relating to requests shall apply to the transmission of a request for legal aid and annexes.
Where legal aid has been granted to a national of a Contracting State, the requesting State shall not reimburse the requested State, irrespective of their form, the costs of service relating to the same proceedings to be carried out in another of those States.
The same will be the case for requests, except for expenses paid to experts.
V. Free issue of lifts from the mattress
Members of one of the Contracting States in need will be able to take free lifts from the matrices under the same conditions as their own citizens. The documents necessary for their marriage shall be verified without charge by diplomatic or consular representatives of the Contracting States.
VI. Debt Binding
Binding to debts either as a means of execution or as a measure that ensures that it cannot be used in civil or commercial matters against foreigners who are members of a Contracting State in cases where it would not be applicable to nationals of the country concerned. The fact which may be relied upon by a resident in a country in order to achieve the abolition of the bond for debts shall have the same effect for a member of a Contracting State, even if it has occurred abroad.
VII. Final provisions
This Convention shall be open for signature by States represented at the VII. session of the Conference of Private International Law.
The Convention will be ratified and the instruments of ratification deposited with the Ministry of Foreign Affairs of the Netherlands.
A protocol shall be drawn up on each deposit of the instruments of ratification, one certified copy of which shall be sent by diplomatic means to each of the signatory States.
This Convention shall enter into force on the 60th day following the deposit of the fourth instrument of ratification provided for in Article 27 (2).
For each signatory State ratifying later, the Convention shall become effective on the 60th day starting from the date of deposit of its instrument of ratification.
This Convention shall replace the Convention on Civil Procedure signed at The Hague on 17 July 1905 in relations between the States which ratified it.
This Convention shall apply without further application to the mother countries of the Contracting States.
If a Contracting State wishes to bring it into force in all other territories or in other territories where it ensures international relations, it shall notify its intention in this respect by means of a Charter to be deposited with the Ministry of Foreign Affairs of the Netherlands. This Ministry shall send a certified copy by diplomatic means to each Contracting State.
The Convention shall enter into force in relations between States which do not object 6 months after this communication and between territories or territories whose international relations are guaranteed by the State concerned and for which or for which notification has been made.
Any State not represented at the VIIth session of the Conference may accede to this Convention if the State or more States which have ratified the Convention do not oppose it within six months of the date of notification of this accession by the Dutch Government. Accession shall take place in accordance with the procedure laid down in Article 27 (2).
It is understood that accession cannot take place before the entry into force of this Convention pursuant to Article 28 (1).
Any Contracting State which signs or ratifies this Convention or accedes to it may reserve a restriction on the application of Article 17 to nationals of the Contracting States normally established in its territory.
A State which applies the possibilities foreseen in the preceding paragraph shall be able to require that the other Contracting States apply Article 17 only for the benefit of those members of it who normally have their registered office in the territory of the Contracting State before which they act as plaintiffs or interveners.
This Convention shall apply for five years from the date indicated in Article 28 (1).
This period shall be calculated from that date as well as for States which will ratify or accede to the Convention at a later date.
The Convention will be renewed silently for another five years if it is not terminated. The denunciation will have to be notified at least six months before the expiry of the deadline to the Ministry of Foreign Affairs of the Netherlands, which will inform all other Contracting States accordingly.
Termination may be restricted to the territory or to one of the territories indicated in the notification made pursuant to Article 30 (2).
The denunciation shall have effect only in relation to the State which notifies it. The Convention shall remain in force for the other Contracting States.
In order to prove the signature, duly empowered by their respective governments, they signed this Convention.
In the Hague on 1 March 1954, a copy, to be deposited in the archives of the Government of the Netherlands, of which a certified copy will be sent by diplomatic channels to each of the States represented at the VIIth session of the Hague Conference on Private International Law.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 72 / 1966 Coll., on the Convention on Civil Procedure |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.09.1966 |
|---|---|
| Effective from | 11.08.1966 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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