Decree No. 89 / 1949 Coll.
Declaration on the Treaty between the Republic of Czechoslovakia and the Republic of Poland on mutual legal relations in civil and criminal matters, signed in Warsaw on 21 January 1949
Valid
Effective from 10.04.1949
Zobrazeno prvních 200 z celkem 434 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
89.
Decree of the Minister for Foreign Affairs
of 15 March 1949
on the Treaty between the Republic of Czechoslovakia and the Republic of Poland on mutual legal relations in civil and criminal matters, signed in Warsaw on 21 January 1949.
A Treaty on mutual legal relations in civil and criminal matters with the Additional Protocol of the same day was negotiated between the Czechoslovak Republic and the Republic of Poland in Warsaw on 21 January 1949. The contract with the Additional Protocol was approved by the National Assembly on 23 February 1949 and was ratified by the President of the Republic on 26 February 1949.
The instruments of ratification were exchanged in Prague on 10 March 1949. Pursuant to Article 89 thereof, the month following the replacement of the instruments of ratification, i.e. 10 April 1949, shall take effect.
The text of this Treaty and the Additional Protocol shall be published in the Annex to the Collection of Laws. *)
Dr Clementis v. r.
Contract
between the Republic of Czechoslovakia and the Republic of Poland on mutual legal relations in civil and criminal matters
On behalf of the Czechoslovak Republic!
Clement Gottwald, President of the Czechoslovak Republic, to all who will read or read this letter, greetings.
On behalf of the Czechoslovak Republic and the Republic of Poland, the following contract was negotiated with the Additional Protocol:
TREATY
between the Republic of Czechoslovakia and the Republic of Poland on mutual legal relations in civil and criminal matters
The President of the Czechoslovak Republic and the President of the Republic of Poland, wishing that lasting and real friendship and mutual trust between the two countries would also come to terms with the approximation of the laws of the two Allied countries, particularly in the field of the judiciary and the deepening and unification of mutual legal relations, have decided to negotiate this agreement.
To this end, they appointed their agents:
President of the Czechoslovak Republic JUDr. Alexei Čepička, Minister of Justice of the Czechoslovak Republic,
President of the Republic of Poland Professor Henryk Šwiatkowski, Minister of Justice of the Republic of Poland,
who have exchanged their powers of attorney and found them in good and proper form have agreed on the following provisions:
Civil matters
Judicial protection in civil matters
(1) Members of one Contracting Party shall enjoy in the territory of the other Contracting Party the same legal and judicial protection as regards a person and property enjoyed by members of the other Party.
(2) They shall have free and undisturbed access to the courts of the other Party and may appear before them under the same conditions as the members of the other Party.
Exemption from the guarantee
Members of one Party who appear before the courts of the other Party as plaintiffs, applicants or interveners may not, on the grounds that they are foreigners or due to a lack of residence or registered office in the territory of the other Party, be subject to a security under any designation. This shall in particular apply to the lodging of a security for the purpose of securing legal expenses.
The right of the poor
Members of one Party shall be guaranteed the right of the poor in the territory of the other Party under the same conditions and to the same extent as members of the other Party.
Certificate needed to achieve the right of the poor
(1) The certificate required to obtain the right of the poor shall be issued by the courts or authorities of the Party in whose territory the applicant has his residence or, if he does not have his residence.
(2) If the applicant does not live or reside in the territory of any Party, the certificate issued or endorsed by the relevant diplomatic or consular representative shall be sufficient.
(3) The Court of First Instance, which is to decide on the authorisation of the rights of the poor, may, within the limits of its powers, examine the content of the certificate submitted. For this purpose, it may request information from the authorities of the other Party.
Scope of the right of the poor
If a court of one Party has been authorised by the members of the other Party to the right of the poor, it shall, in the proceedings in question and without any appropriate proposal, include all the negotiations, including the enforcement proceedings.
Legal aid to achieve the right of the poor
(1) Members of one Party may submit an application for the right of the poor court of the other Party, as well as an application for the establishment of a free legal representative for the conduct of the dispute in the Czechoslovak Republic to the Protocol of the District Court of their residence or residence, in the Republic of Poland to the Protocol of the District Court (set of grodzkiego) of their residence or residence. The proposal to set up a free legal representative must always be set out separately. The court to which such a protocol application has been lodged shall send it to the competent court of the other Party. If the court which received the Protocol is incompetent, it shall refer it to the court responsible for the decision on the application for authorisation of the right of the poor and inform the court of the other Party which sent it.
(2) The Protocol proposal does not need to be accompanied by a translation into the language of the Party in whose territory the right of the poor is to be granted.
Legal assistance in civil matters
Legal agenda
(1) In civil, disputed and undisputed matters, the courts of the two Parties shall deal with requests for service and other legal assistance in direct contact.
(2) In order to send requests, the courts of all instances where legal assistance has been required shall be responsible in the territory of both Parties.
(3) In order to receive and deal with judicial requests, the courts of the district shall be responsible in the territory of the Czechoslovak Republic, in the territory of the Republic of Poland the courts of the district (grodzkie sets), in the cases of requests for files or documents to be consulted or copies of them to be sent to the territory of the two Parties, the courts in which the case was initiated in the first storehouse.
(4) If the requested court is not competent, it shall, by its own authority, forward the request to the competent court and inform the requesting court thereof.
Language of the request
(1) Requests for service and other legal assistance are written in the requesting Party's State language. It is an order to procure the seal of judgment.
(2) The requested court shall issue the request in its national language and seal the proceedings.
Content of the request
The application must indicate the case in which legal aid is requested, by indicating the parties, their domicile or residence and their legal representatives and by indicating the short content of the requested legal aid. The application for service shall state the address of the beneficiary and the type of file which is to be delivered. If the address is not known precisely, or if it appears erroneous, there is, however, a possibility to identify the address, the requested court shall take the appropriate measures to establish the address.
Processing of requests for service
(1) The requested court shall take measures under its national law to ensure that the document sent is served on the recipient.
(2) At the request of a court requesting the service of a document in the manner prescribed by the national law of the Party requested for the service of documents of the same type, the requested court shall make such notification if the document is drawn up in the State language of the Party requested or accompanied by a translation, drawn up by a judicial interpreter of one of the Parties.
(3) If service is to be effected in the manner referred to in paragraph 2, it shall be for the State of the Requesting Party, the court of the Requested Party shall carry out such service, if the document served would have been taken in the State language of the Requesting Party and the translation has not been attached. The requesting court shall state here in order to state that service is to be served by a national of its State.
(4) In all other cases, the requested court shall confine itself to service the document to the recipient, if that court is willing to accept it.
Proof of service
The service shall be demonstrated either by confirmation to the beneficiary, dated and signed by the delivering authority, as well as by the official seal of the court or office, or by a certificate to the court or office stating that the service has been carried out with the means and time of service, or, finally, by a judicial protocol certifying that the recipient has accepted the document.
In the event of the delivery of a replacement or of a forced delivery, a certificate of delivery shall be provided by a certificate or certificate issued in accordance with the provisions of the requested Party.
Refusal of service
The exercise of service may be refused if the Party in whose territory it is to be carried out considers it eligible to jeopardise its sovereign rights or its security.
Processing of requests for other legal aid
(1) The requested court shall be obliged to comply with the request for other legal assistance and to apply the provisions of its national law on the handling of the request for legal assistance which it provides to its courts or at the request of the interested party. The requested court may, at the request of the requesting court, derogate from the forms prescribed by its own legislation if the requested form does not conflict with the law of the requested Party.
(2) The requested court shall inform the requesting court, at the request of the requesting court, when and where the action is to be taken to comply with the request, in order to enable the parties concerned to be informed of the place and time of such action in due time.
Refusal of legal aid
In addition to the cases foreseen in Article 13, processing of the request may also be refused where the action requested does not fall within the scope of the jurisdiction. However, the requested court may not refuse legal aid on the ground that it is to apply to the administrative office, at the request of the requesting court, for the exercise of legal assistance in the case in question. If the administrative authority refuses, the requested court shall inform the requesting court of the refusal.
The sending of files and other documents may be refused by the requested court if they are needed or if the Ministry of Justice of the requested Party confirms the refusal for other specific reasons.
Legal aid costs
(1) The requested court shall not charge any fees or any compensation for any expenses, in particular the payment of expenses paid to witnesses and experts, for the execution of service and for the handling of requests for other legal aid. It carries them to the court of the requested person.
(2) Postal charges shall be borne by the Party in whose territory they are incurred.
(3) However, the requested court shall notify the requesting court of the amount of the fees or charges referred to in paragraph 1 of this Article to the extent that they may be levied on the Party for reimbursement. The sums thus collected or obtained shall belong to the requesting State.
Service of documents to own nationals
Both Parties reserve the right to have judicial documents delivered to their own nationals through their diplomatic or consular representatives. No coercive means can be used in this way of delivery.
Other private law matters
Obligations and custody
(1) The courts of the party whose national is a minor shall be responsible for the custody of minors.
(2) If a minor resides in the territory of the other Party or resides there, the courts of that Party may enter custody if the welfare of the minor so requires, but only if the detention has not already been initiated in the State of which he is a minor. The competent court of the party whose national is a minor should be able to correct the introduction of the detention order with a brief communication of the individual cases.
(3) The Court of First Instance of a Party of which a minor is a national may ask the court of the other Party to be given custody or to ask the court of the other Party to continue leading the proceedings.
(4) Where a minor who is a member of either Party has been under the jurisdiction of a court of one Party and the residence or residence of the minor has been transferred to the territory of the other Party, the court in which the detention has been carried out may request the court of the other Party to take over the detention.
(5) Where a minor who is under the jurisdiction of a court of one Party has property in the territory of the other Party, the court holding the jurisdiction may ask the competent court of the other Party to appoint a guardian to manage that property.
(1) Indemnification shall apply to the person and to all movable and immovable property of the guardian, without prejudice to where that person is or is situated, but without prejudice to Article 19 (5).
(2) The legal relationship between the guardian and the guardian shall be governed by the law of the Party in whose territory the guardian court (the guardian authority) is situated.
(3) The obligation to accept and maintain the service is governed by the law of the Party whose guardian is a member.
The provisions of Articles 19 and 20 shall apply mutatis mutandis if other establishments are protective (under the authority), such as the guardianship of persons of age or custody, or of any protective equipment of that nature.
Waiver
The courts of the Party whose national is to be deprived of jurisdiction shall be responsible for the waiver of jurisdiction.
If the court of one Party finds that the conditions for the removal of a member of the other Party who resides or resides in the territory of that Party are given, it shall be informed by the competent court of the other Party. If the court so informed declares that it leaves a further measure to the court of the place of residence or residence of such a person or does not express itself within a period of three months, the court of residence or residence may, in accordance with the laws of its State, apply the jurisdiction of the party to whom the person concerned is a national. The decision to waive jurisdiction shall be served on the court which has been informed pursuant to the provisions of this Article or on the court which has left the other measures to the court of residence or residence.
In cases of urgency, the court of residence or residence of a person who is to be deprived of his or her capacity and is a member of the other Party may take all provisional measures necessary to protect that person or his or her property. Such measures shall be communicated to the court of the Party of which the person concerned is a national; the measure will be lifted if the court of this Party decides otherwise.
Article 23 shall also apply to the abolition of waivers.
Declaration for the Dead
(1) It is for the court of the Party of which it was a member at the time when it became missing to declare the person dead.
(2) In cases necessary, the Czechoslovak courts may, under the law in force in the Czechoslovak Republic, declare a Polish national dead if the effects of such a declaration are to occur in the territory of the Czechoslovak Republic. It is for the courts of Poland, under the same circumstances and with the same effect, to have this right in respect of Czechoslovak nationals.
(3) A decision to declare a dead person, issued in accordance with paragraph 2, may be amended or annulled by the court of the Party which issued the decision, if it has entered the territory of the Party of which the missing person was a member, to declare himself dead by the court of that Party with another date of deemed death, or if the application for a declaration to be dead by that Party's court has been lawfully refused or rejected.
Authorisation
(1) For the final confirmation of the adoption contract, the courts of the Party to which the acquirer is a member are responsible.
(2) If the enlisted person is a member of the other Party and if, under the laws of that Party, he or she is required to receive or receive his or her legal representative, or the court or body of the guardian, he or she shall also be required to obtain such enrolment.
Withdrawal of adoption
Article 27 shall apply mutatis mutandis to the withdrawal of adoption.
Right of inheritance
General provisions
(1) The succession arrangements shall be governed by the law of the Party to which the deceased was a member at the time of his death.
(2) Eligibility to acquire the estate by the right of inheritance must be fulfilled both under the law of the Party to which the deceased was a national and under the law of the Party to which the person claiming the right of inheritance is a national.
(3) Whether the estate is death shall be assessed under the law of the Party to which the deceased was a member at the time of death.
Special fortune of the estate
The succession arrangements shall be managed in accordance with the law in force at the place where the matter lies, the deceased may not freely purchase in the event of death, under the law of the Party where the property is situated. This applies in particular to the succession.
Form of acquisition in case of death
The form of the establishment and cancellation of the acquisition in the event of death shall be governed by the law of the Party to which the deceased is a member at the time when he or she establishes or terminates the acquisition. However, it is sufficient to make a sufficiently legal order for the place where the acquisition in the event of death is established or abolished.
Recognition of judgments and judgments by the courts of arbitrators
General conditions for recognition
(1) Judgments of one Party which have acquired legal power under its law shall be recognised in the territory of the other Party.
(2) Judgments within the meaning of paragraph 1 shall be taken to mean judgments and other similar decisions (without distinction from their names), issued by civil courts in respect of both the main and the costs.
(3) A decision of the Court within the meaning of the preceding paragraphs shall be assimilated to the final decisions of the special courts and the courts of the arbitrators. However, the judgments of the courts of the arbitrators shall be assimilated only if the arbitration agreement has been negotiated in writing and the arbitrators or arbitrators have been appointed by the parties themselves or by a third party which have entrusted the parties to the appointment or finally by the court. The appointment of an arbitrator or the appointment of a third party shall be certified by a document.
(4) The judgments of the courts of one Party shall be recognised in the territory of the other Party if the authority of law is confirmed by the court which decided on the matter in the first chair. The rule of law of the arbitrators shall be confirmed by the court competent under the law of the Party in whose territory the ruling has been given.
Denial of recognition
(1) The decision shall not be recognised:
1. If, under the provisions of this Treaty or under the laws of the Party within whose territory the decision is to be recognised, the courts of that Party would be solely competent;
2. If the party who succumbed to the proceedings has not been served properly and in good time, and the party has failed to intervene;
3. where the right to be used under the laws of the Party in whose territory the decision is to be recognised has not been exercised in respect of the eligibility of legal acts or the competence of procedural or legal representation and, moreover, in disputes concerning the nullity of marriage or legal separation (divorce), as well as in matters concerning the adoption, deprivation of incapacity and survivors' matters, unless this Convention provides otherwise, and unless the law of which it was used is substantially close to the law of the Party whose rights to be used;
4. when contrary to public policy or good manners;
5. If there is a decision on costs, the main decision cannot be recognised.
(2) A decision to reimburse the applicant, the applicant or the intervener who is exempt from the defence guarantee for the purposes of Article 2 shall be recognised without the fulfilment of the conditions laid down in paragraph 1.
Scope of examination of the decision to be recognised
The Tribunal or any other authority of the Party within the territory of which the decision is to be recognised shall not be bound by factual findings when examining the grounds for refusal. Further examination of whether a decision is justified is excluded.
Enforcement
General provisions
(1) Judgments of the courts and judgments of arbitration courts established in the territory of one Party shall be enforced in the territory of the other Party if the conditions of recognition laid down in Articles 32 to 34 are fulfilled and if the admissibility of the execution has been declared in the territory of the other Party in the manner prescribed in this Treaty.
(2) Save as otherwise provided for in this Treaty, the enforcement procedure and the enforcement procedure shall apply to the law applicable in the territory of the Party where the enforcement is to be carried out, subject to the condition that an appeal is admissible against the decision authorising the execution. Where, pursuant to those rules, a procedural court is competent for the execution of an execution or an action relating to an execution, the court in whose jurisdiction the execution is carried out shall take its place.
Execution proposal.
(1) An application for the authorisation of an execution may be lodged in the court of the Party in whose territory the decision or decision of the arbitration panel has arisen. That court shall refer the application to the court of the other party responsible pursuant to Article 37.
(2) The application may also be lodged by the recovery creditor directly at the court competent pursuant to Article 37.
The court of the Party in whose territory the judgment is to be enforced shall decide on the authorisation of the execution of the enforcement proceedings to the request of the enforcement party without the parties being served; the opponent can be heard. The general court of the obliged party shall be responsible and, if not, the court within whose jurisdiction the execution is to be carried out.
Documents of application for execution authorisation
The enforcement creditor must submit
(a) a copy of the operative part of the decision or of the operative part of the arbitration panel, accompanied by a clause on legal authority and enforceability; the legal authority and enforceability shall be demonstrated by public documents, unless it is made out of a copy itself, and if the judgment of the arbitration panel is delivered in accordance with Article 32 (4);
(b) a translation of the documents referred to in the provisions of this Article under (a), issued by a court interpreter of one of the Parties.
Deferred execution
(1) If, in the territory of the Party to which the judgment has been given by the Court of Justice, an enforcement action has been suspended or suspended as a result of an action for renewal (confusion), the authorisation of the execution should be postponed and, if already authorised, the execution of the execution should be postponed in the territory of the Party where the decision is to be enforced.
(2) Otherwise, the postponement or suspension of the execution ordered in the territory of the Party whose court has given the decision shall not affect proceedings initiated in the territory of the other Party pursuant to the same decision for the purpose of authorising the execution or for the execution of the decision itself.
Enforcement on the basis of judicial settlements and notaries
The execution may also be carried out on the basis of court settlements and notaries in which the obligor has been subject to execution. The provisions of Articles 35 to 39 shall apply mutatis mutandis.
Execution for spending
The authorisation of execution by decision imposing reimbursement on the applicant, the applicant or the intervener exempted from the lodging of the defence security to the purposes of Article 2 shall be free of charge.
Survivors' cases
Jurisdiction of survivor's courts and offices
(1) The authorities of the Party to which the deceased was a member are called to the survivor's proceedings. However, for the same application of the heirs, the survivor's proceedings shall be carried out by the authorities of the Party where the estate lies.
(2) In the cases referred to in Article 30, the courts and offices of the Party whose right is to acquire death shall be the responsibility.
(3) The provisions of this Treaty shall not affect public law restrictions to which the survivor's articles are subject in the place where they are.
Rights and obligations of local courts and authorities.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree No 89 / 1949 Coll., on the Treaty between the Republic of Czechoslovakia and the Republic of Poland on mutual legal relations in civil and criminal matters, signed in Warsaw on 21 January 1949 |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.04.1949 |
|---|---|
| Effective from | 10.04.1949 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0