Decree of the Minister for Foreign Affairs No. 83 / 1985 Coll.
Decree of the Minister for Foreign Affairs on the Treaty between the Government of the Czechoslovak Socialist Republic and the Government of the French Republic on Legal Assistance, Recognition and Enforcement of Decisions in Civil, Family and Commercial Matters
Valid
Effective from 01.07.1985
83
DECLARATION
Minister for Foreign Affairs
of 21 August 1985
on the Treaty between the Government of the Czechoslovak Socialist Republic and the Government of the French Republic on Legal Assistance, Recognition and Enforcement of Decisions in Civil, Family and Commercial Matters
On 10 May 1984, the Treaty between the Government of the Czechoslovak Socialist Republic and the Government of the French Republic on legal aid, recognition and enforcement of decisions in civil, family and commercial matters was signed in Paris.
The Treaty was approved by the Federal Assembly of the Czechoslovak Socialist Republic and ratified by the President of the Czechoslovak Socialist Republic.
The Treaty entered into force on 1 July 1985 pursuant to Article 24 thereof. On this date, the Convention between Czechoslovakia and France on Legal Protection and Legal Assistance in Civil and Commercial Matters of 7 May 1928 was expired, published in No. 60 / 1931 Coll.
The Czech version of the Treaty is hereby published at the same time.
Minister:
Ing. Chupek v. r.
TREATY
between the Government of the Czechoslovak Socialist Republic and the Government of the French Republic on legal aid, recognition and enforcement of decisions in civil, family and commercial matters
the Government of the Czechoslovak Socialist Republic and the Government of the French Republic,
led by the desire to deepen friendly relations and cooperation between both states and their citizens in accordance with the Final Act of the Conference on Security and Cooperation in Europe
taking into account the development of mutual relations in the field of law,
agree on the following provisions:
GENERAL PROVISIONS
(1) Citizens of one State may, in order to exercise and protect their rights and interests, freely and directly appear in the territory of another State before the judicial authorities under the same conditions as citizens of another State.
(2) Legal persons established under the laws of one State and established in its territory enjoy the same legal protection as citizens of both States.
(1) In implementing this Treaty, legal assistance between the two States shall be provided through their ministries of justice.
(2) Documents and other documents sent by the ministries of justice do not require legalisation or other similar formalities. In case of doubt as to the authenticity of the document, the Ministry of Justice of the requested State shall contact the Ministry of Justice of the requesting State for information to verify the authenticity of that document.
(1) The Ministry of Justice may, for reasons of legal assistance, send requests for information or inquiries in the context of civil, family and commercial proceedings pending before their judicial authorities and send a judicial decision free of charge. Legal aid shall also apply to administrative proceedings where the administrative authority's decision is to be reviewed by a court.
(2) In proceedings concerning the protection of minors, the Ministry of Justice shall inform each other of the safeguard measures granted by the competent authorities and shall assist each other in the search and voluntary repatriation of minors.
The ministries of justice of the two States shall, upon request, provide each other with information on the legislation applicable or applicable in their respective countries.
PROVISIONS ESTABLISHING THE IMPLEMENTATION OF THE CIVIL MANAGEMENT CONVENTION CLOSED IN THE HAAGN OF 1 MARCH 1954 AND THE CONVENTION ON THE IMPLEMENTATION OF EVIDENCE IN FOREIGN INCOME IN CIVIL AND TRADE CLOSED IN THE HAAGN OF 18 MARCH 1970
(1) Citizens of one State enjoy in the other State the benefits of full or partial legal assistance under the same conditions and to the same extent as their own citizens, irrespective of their place of residence or residence.
(2) A participant enjoying the benefits of legal aid shall be granted, without further examination, benefits to the extent specified by the law of the requested State also for the procedure for recognition and enforcement of the decision and for its own enforcement in the requested State.
(1) The Ministry of Justice shall transmit to each other requests for legal assistance and inform each other of the processing of such requests.
(2) The documents accompanying the request for legal aid may be drawn up in the language of the requesting party.
(3) The communications concerning the handling of legal aid applications shall be drawn up in the language of the competent Ministry of Justice.
(1) Certificates certifying malaise shall be issued by the competent authorities according to the applicant's usual place of residence in the territory of one of the two States. This certificate shall be issued by the competent diplomatic or consular office of the applicant who is resident in the territory of a third State.
(2) If the applicant is resident in the territory of the State where the application is lodged, additional information may be requested from the competent authority of the State of which he is a citizen.
(3) If the applicant is not resident in the territory of the State where the application is lodged, the competent authorities of the State where the applicant is staying may, at the request of the authorities of that State, be heard.
Citizens of one State who appear before the courts of the other State as parties to proceedings may not be required to lodge a security for costs or other guarantees on the ground that they are foreign nationals.
(1) Requests for service and notification of documents in civil, family and commercial matters received from one State shall be sent through the ministries of justice. Legal aid shall also apply to administrative proceedings where the administrative authority's decision is to be reviewed by a court.
(2) Certificates, certificates and documents of service or failure to deliver documents shall be returned by the same means.
(3) In cases where service of documents cannot be effected, the competent authority shall communicate the reason for which the request for service could not be granted.
(1) The service of documents shall be carried out in accordance with the law of the requested State.
(2) However, each State has the opportunity to deliver documents directly and without the use of coercive means to its own citizens through its diplomatic or consular office.
(1) Requests for service or notification of documents shall be sent on bilingual forms the specimen of which is annexed to this Treaty. The forms shall be completed in the language of the requesting State.
(2) A bilingual form, the specimen of which is annexed to this Treaty, shall also be used as proof of service of documents. The forms shall be completed in the language of the requested State.
(1) The documents to be served or notified shall be drawn up in the language of the requesting State.
(2) However, if the addressee so requests, these documents shall be translated into the language of the requested authority. In that case, the costs associated with the translation shall be borne by the requested State.
The implementation of evidence in civil, family and commercial matters shall be carried out in accordance with the Convention on the Implementation of Evidence Foreign in Civil and Commercial Matters concluded in The Hague on 18 March 1970. Legal aid shall also apply to administrative proceedings where the administrative authority's decision is to be reviewed by a court.
Requests for legal authorisation shall be drawn up in or translated into the language of the requested authority. The request shall be addressed to the "locally competent 'authority of the requested State.
(1) The execution of the request does not give rise to the right to payment of fees or charges of any kind.
(2) However, the requested State may require the requesting State to pay the costs of the expert opinion.
The requested authority shall endeavour to resolve the request even if the address of the recipient of the document or of the person to be heard is incomplete or inaccurate. To that end, it may request additional information from the requesting State to enable the identification and tracing of that person.
SEND OF LISTS ON PERSONAL STATUS
(1) The two Contracting Parties shall send each other, without request and free of charge, extracts of documents relating to the personal status of their citizens. Death certificates shall be sent without delay. Other documents shall be aggregated every six months.
(2) The Contracting Parties shall forward to each other, free of charge, documents relating to or extracts from their personal status, as well as judicial decisions relating to personal status, issued in their territory and concerning the citizens of the requesting Contracting Party, provided that they are required by the other Contracting Party for official use or in the interests of the deprived persons.
(3) Where an application is made by citizens of one or other State, the Contracting Parties shall send each other documents, extracts or judicial decisions relating to their personal status, issued on their territory, under the same conditions as their own citizens.
(4) Citizens of one State may contact the competent authorities of the other State directly with their requests.
(5) The documents so requested shall be sent through the diplomatic or consular office.
(6) The publication of documents on the personal status or extract thereof shall not affect the assessment of the applicant's citizenship.
_
(1) Acts which, under the law of one State, have the character of authentic instruments have the same powers of proof in the territory of another State.
(2) The documents which have been issued by the competent authorities of one State and private documents certified by those authorities, provided that they bear the signature and official seal of the authority responsible for issuing them, are valid in the territory of the other State without verification and other similar formalities.
(3) In case of doubt as to the authenticity of the Charter, any citizen or authority of one State may request the Ministry of Justice of the other State to provide the information necessary to verify the authenticity of that Charter.
RECOGNITION AND EXECUTION OF THE COURT DECISIONS AND AUTENTIAL LISTS
(1) The provisions of this Part shall apply to the recognition and enforcement of decisions given by the judicial authorities of the two States in civil, family and commercial matters. These provisions shall also apply to administrative proceedings where the administrative authority's decision is to be reviewed by the court.
(2) Those provisions shall also apply to decisions in criminal matters where they provide for compensation and recovery of property.
Decisions in the cases of disputes and non-disputes handed down by judicial authorities in the territory of one of the two Contracting States shall be recognised as having a legal personality and shall have the character of a matter which is final in the territory of the other State.
To that end, the decision shall comply with the following conditions:
(a) the decision has been given by a court competent under the law governing jurisdiction in the State where the decision was given;
(b) the decision has been issued under the law applicable to the dispute on the basis of the conflict rules in force in the State where the decision is to be enforced;
(c) the decision is enforceable under the law of the State where it was given in matters of civil status or legal capacity of persons and in other matters final;
(d) the participants have been duly summoned, represented or declared as absent;
(e) the decision contains nothing contrary to public policy in the State where the decision is to be enforced;
(f) proceedings between the same parties on the same matter based on the following facts:
- has not previously been brought before the courts of the requested State, or
- has not been the subject of a final decision in the requested State, or
- has not been the subject of a decision given in another State which fulfils the conditions for recognition in the requested State and has the character of a final decision.
The procedure for recognition or enforcement of the decision, as well as the conditions of enforcement, shall be governed by the law of the requested State.
(1) A party requesting the enforcement of a judgment must submit:
(a) a copy of the decision which satisfies the necessary requirements as regards its authenticity;
(b) the original of the document of service of the decision or of any other document replacing the service or notification;
(c) a certificate issued by the competent authority indicating that the decision is enforceable or final;
(d) where appropriate, a copy of the summons of the party who did not take part in the proceedings, certified by the competent judicial authority which issued the decision, and any other evidence to prove that the summons have been served properly and in due time.
(2) The documents referred to in the preceding paragraph shall be accompanied by a certified translation by an interpreter or other person authorised to do so.
(1) Authentic documents, in particular notarial entries and authentic documents, enforceable in one State are declared enforceable by the competent authorities of the other State under the law of the State where enforcement is sought. The same shall apply to conciliations concluded before, or approved by, a judge, or concluded before another competent authority or such authority.
(2) That authority shall only verify that the documents fulfil all the conditions necessary for the recognition of their authenticity in the requested State and that their enforcement is not contrary to public policy in the State where enforcement is sought or that they are not contrary to the law in force in that State.
FINAL PROVISIONS
Each Party shall notify the other Party in writing of the fulfilment of all constitutional requirements for the entry into force of this Treaty. This Treaty shall enter into force on the first day of the second month following the last written notification.
This contract shall be concluded for an unlimited period. However, each Contracting Party may denounce it by written notice sent by diplomatic channels to the other Party at least 6 months in advance.
The Convention between Czechoslovakia and France on Legal Protection and Legal Assistance in Civil and Commercial Matters of 7 May 1928 will expire on the date of entry into force of this Treaty.
Done at Paris, 10 May 1984, in duplicate in the Czech and French languages, the two texts being equally authentic.
For the Government of the Czechoslovak Socialist Republic:
Ing. Bohuslav Chubek v. r.
For the Government of the French Republic:
Claude Cheysson v. r.
Annex
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 83 / 1985 Coll., on the Treaty between the Government of the Czechoslovak Socialist Republic and the Government of the French Republic on Legal Assistance, Recognition and Enforcement of Decisions in Civil, Family and Commercial Matters |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.10.1985 |
|---|---|
| Effective from | 01.07.1985 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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