Decree of the Minister for Foreign Affairs No. 9 / 1963 Coll.
Decree of the Minister for Foreign Affairs on the Treaty between the Czechoslovak Socialist Republic and the Republic of Austria on mutual legal relations in civil matters, on documents and on legal information with the Final Protocol
Valid
Effective from 30.12.1962
9
DECLARATION
Minister for Foreign Affairs
of 11 January 1963
on the Treaty between the Czechoslovak Socialist Republic and the Republic of Austria on mutual legal relations in civil matters, on documents and on legal information with the Final Protocol
On 10 November 1961, the Treaty between the Czechoslovak Socialist Republic and the Republic of Austria on mutual legal relations in civil matters, documents and legal information with the Final Protocol was negotiated in Prague.
The Treaty was approved by the National Assembly on 5 July 1962 and ratified by the President of the Republic on 1 October 1962. The instruments of ratification were exchanged in Vienna on 31 October 1962.
Pursuant to Article 30 of the Final Protocol, the Treaty entered into force on 30 December 1962.
The Czech version of the Treaty and the Final Protocol shall be published simultaneously.
First Deputy Minister:
Dr Gregor v. r.
TREATY
between the Czechoslovak Socialist Republic and the Republic of Austria on mutual legal relations in civil matters, on documents and on legal information
The President of the Czechoslovak Socialist Republic and the Federal President of the Republic of Austria have agreed to conclude a Treaty on mutual legal relations in civil matters, on documents and on legal information, and for this purpose appointed by their agents:
President of the Czechoslovak Socialist Republic
Václav David,
Minister for Foreign Affairs,
Federal President of the Republic of Austria
Dr. Heinrich Calice,
a special envoy and an authorised minister,
who have exchanged their powers of attorney and found them in good and proper form have agreed as follows:
Legal protection, delivery and legal assistance in civil matters
Legal protection
(1) Citizens of one Contracting State have free access to courts in the territory of the other Contracting State and may appear before them under the same conditions as their own citizens.
(2) The provisions of this Treaty on citizens of one of the Contracting States shall also apply to legal persons, including commercial companies, established under the law of one of the Contracting States and established in its territory.
Costs
(1) Citizens of one of the Contracting States who appear before the courts of the other Contracting State as plaintiffs or interveners and have their domicile, residence or registered office in one of the Contracting States may not be required to lodge a defence guarantee for the costs of the proceedings on the grounds that they are foreigners or do not have their residence, residence or registered office in the other Contracting State.
(2) Where, under the law of one of the Contracting States, an advance payment is required to pay the court fees, the provisions of paragraph 1 shall apply.
(3) Where, under the law of one of the Contracting States, a legal fee is required to be paid for bringing proceedings (application), a period of at least 1 month shall be granted to a citizen of the other Contracting State to pay that fee.
(4) Citizens of the other Contracting State may be ordered to deposit an advance on costs to be borne by one Party only under the same conditions and to the same extent as their own citizens.
(1) The operative and enforceable decisions given in one of the two Contracting States by which the applicant (s) or intervener has been ordered to be exempt pursuant to Article 2 or under the legislation in force in the State where the action was brought, from the security of the defence or the lodging of the advance, the payment of costs or charges, shall be enforceable in the territory of the other Contracting State on application. The application may be lodged directly in the court which is competent for the decision on the application or in the court which decided the case in the first chair.
(2) Paragraph 1 shall also apply to decisions establishing the amount of the costs of proceedings or judicial fees retrospectively.
(3) The applicant must submit:
(a) a copy of the operative part of the decision accompanied by a document stating the power and enforceability;
(b) its translation into the language of the court responsible for the decision on the application;
(c) in the case of an application before a court which has decided in the first chair, the translation thereof into the language of the court which is responsible for the decision on the application.
Article 17 (3) shall apply to translations. If the application is lodged in the court which decided in the first chair, it shall be sent in the same way as the application for legal aid.
(4) The judgments of the courts of the other State referred to in paragraph 1 shall be enforced as domestic decisions, with an appeal against the decision on the application for enforcement.
(5) The costs within the meaning of paragraph 1 also include the costs of issuing a power and enforceability clause, as well as the translation and verification required. Those costs shall be determined on application by the court which decides to execute them.
Advantages given with regard to property ratios (the right of the poor)
(1) Citizens of one of the Contracting States enjoy, before the courts of the other Contracting State, advantages granted with regard to property ratios (the right of the poor) under the same conditions and to the same extent as their own citizens.
(2) The advantages referred to in paragraph 1 which are attributable to a participant in legal proceedings in one Contracting State also apply to all procedural acts to be carried out in the same case in the other Contracting State. These advantages are also applicable to the recovery proceedings (Article 3), where they apply to such execution proceedings under the law of the State in which the execution is to be carried out.
(1) Confirmation to obtain the benefits referred to in Article 4 (1) shall be drawn up by the competent authorities of the Contracting State in whose territory the applicant is resident, resident or registered.
(2) If the applicant is not resident or resident in the territory of any of the Contracting States, this certificate may be issued by the competent diplomatic or consular representative office of the State of which the applicant is a citizen. This provision shall not preclude the granting of the benefits referred to in Article 4 (1) on the basis of a certificate issued by the Office of the State in which the applicant is resident or resident.
The court which decides on an application for authorisation of the benefits referred to in Article 4 (1) shall have the right, within the limits of its official authorisation, to review the certificate submitted.
(1) If a citizen of one of the two Contracting States domiciled, resident or domiciled in one of those States wishes to use the advantages referred to in Article 4 (1) before the court of the other Contracting State, he may apply for such benefits to be granted to the Protocol before the District Court competent under his residence, residence or seat.
(2) This proposal shall be accompanied by the certificate referred to in Article 5 and, where appropriate, an indication of the substance of the case.
(3) The application and the documents shall be sent in accordance with Article 9.
(4) The application shall be dealt with regardless of the fact that it is not drawn up in the language of the court which decides on it. Translations which may be required shall be provided by the authorities of the State whose court decides the case.
(5) The court competent to decide on the application shall, in the event that benefits are permitted, designate an official representative.
Common provisions on service and legal assistance
(1) The Contracting States undertake to provide each other with legal assistance and service in civil matters as well as in matters of family law upon request.
(2) The courts shall provide legal assistance and service in respect of the matters referred to in paragraph 1 also on the request of the administrative authorities, where they are competent for such matters. The provisions on service and legal assistance relating to the application of the courts shall apply mutatis mutandis to the submission of those administrative offices.
The courts of both Contracting States shall meet each other when delivering and providing legal assistance through their ministries of justice, unless otherwise provided for in this Treaty.
They may use the courts when requesting the delivery or provision of legal assistance of their own language. The application shall be accompanied by an official seal; do not need any verification.
The application shall contain the following information:
(a) the indication of the case concerned by the application;
(b) the name and surname of the participants, occupation, residence or residence, in the case of legal persons, the name and registered office;
(c) the names, surnames and addresses of their representatives, if they have been established;
(d) the necessary details of the subject matter of the application, of the request for service, in particular the address of the consignee and the description of the document to be served, in particular the circumstances on which the evidence is to be made and, where appropriate, the questions to be asked to the persons to be heard.
Processing of the request, including the language to be used, shall be governed by the law of the Contracting State whose court is requested. However, that court shall apply the expressly designated provisions of the second Contracting State relating to proceedings if so requested and if the application of those provisions does not contradict the principles of the rule of law of the State to which the court has been ordered.
(1) If the address of the person to be heard or to whom the document is to be served is given incorrectly or inaccurately, the requested court shall, if possible, establish the correct address.
(2) If the requested court is not competent to execute the request, the request shall be forwarded to the competent court if that court is in the same State. The requested court shall inform the requesting court directly by post.
(3) The requested court shall inform the requesting court, at the request of the requesting court, by registered letter directly by post, of the place and time at which the request for legal aid is dealt with.
In cases in which the request cannot be dealt with, the files shall be returned and the reasons for which the request could not be made or for which its execution was refused.
(1) The costs incurred in processing the request shall not be reimbursed among the Contracting States except for the remuneration paid to experts.
(2) The amount of the costs not reimbursed under paragraph 1 should be communicated to the requesting court with the costs involved.
(3) The performance of the expert's evidence may only be made dependent on the lodging of an advance before the requested court if the expert's fees are to be paid by a party whose domicile, residence or registered office is in the State of which the court is requested.
An application may be refused only if, in the view of the State of the court, the application is contrary to the public order.
Specific provisions on service
(1) The requested court shall service the documents in accordance with its law if they are written in its language or if a translation is attached to them in its language; Article 12 is not affected.
(2) In other cases not referred to in paragraph 1, documents shall be served on the recipient only if they are taken over voluntarily.
(3) The translation referred to in paragraph 1 shall either be made officially or be confirmed by an interpreter who has been officially designated in one of the two Contracting States; the interpreter's signature need not be verified.
The service shall be confirmed either by a letter of service sent by the requesting court or by an attached court or by a protocol drawn up by that court. The certificate and the protocol shall be signed by the service authority, the court seal and the signature of the person who took over the document and, where appropriate, by a note of another form of service; the document to be served and the record shall show the description of the document served, its reference number, the requesting court, the method and date of service.
Specific provisions on legal aid
Where a party to the dispute is requested to be heard, the requested court shall not be obliged to use coercive means to appear before the court.
Authorisation of diplomatic and consular representative offices
The provisions of this Treaty shall be without prejudice to the right of diplomatic and consular representative offices of both Contracting States to meet citizens of their State also in matters governed by this Treaty, in so far as they are not persons with dual citizenship; However, they shall not be threatened or used by law enforcement.
Provisions on certificates
(1) The authentic instruments issued by a court or administrative authority of one of the Contracting States, bearing the official signature and the official stamp, shall also enjoy the authentic instrument before the courts and administrative offices of the other Contracting State. This also applies to other domestic documents which have the power of proof under the law of the Contracting State in which they were issued.
(2) This power of proof also has a verification clause which has been verified by the court, administrative authority or Austrian public notary by the authenticity of the signature on a private document.
The documents referred to in Article 21 (1) as well as endorsements verifying the authenticity of the signature, bearing the official signature and the official stamp of the court, administrative office or person issuing the document, need not be further verified for use in the courts or administrative offices of the second Contracting State.
(1) The two Contracting States shall forward to each other, free of charge, the matrix documents relating to the birth, conclusion of marriage and death of citizens of the second Contracting State, provided that entries have been made after the date of entry into force of this Treaty.
(2) If, after the date of entry into force of this Treaty, an additional entry in the birth, marriage or death register has been made, a complete extract of the original and the additional entries shall be sent within the meaning of paragraph 1.
(3) The death certificates shall be sent immediately, together with the other sheets every quarter of the year.
At the request of the Office of one Contracting State, the competent authority of the other Contracting State shall draw up and send, for official use, extracts free of charge, as well as official copies of the matrices or the drawing up of a personal decision. The request must be sufficiently substantiated by the public interest.
The transmission of the documents referred to in Article 23 and the requests referred to in Article 24 and their processing shall take place through diplomatic or consular channels; no need to connect translations.
A certificate required by the legislation of one of the Contracting States concerning the jurisdiction of the Office which has issued the certificate of competence for marriage is not required in relation to the Contracting States.
Information on the legal order
The Ministry of Justice of the Czechoslovak Socialist Republic and the Federal Ministry of Justice of the Republic of Austria will provide each other, upon request, with information on the legislation that applies or was in force in their state.
Common and final provisions
The provisions of Part I and Part II of this Treaty relating to courts shall also apply to Czechoslovak state notaries in respect of matters falling within the jurisdiction of the courts in the Republic of Austria.
This Treaty shall be ratified; The instruments of ratification shall be exchanged in Vienna as soon as possible.
(1) This Treaty shall take effect 60 days after the replacement of the instruments of ratification.
(2) The Treaty is concluded for a period of 5 years and shall continue to apply unless one of the Contracting States notifies the other Contracting State 6 months before the end of those five years that the Treaty has been notified.
(3) If the Treaty is not terminated in accordance with paragraph 2, it shall continue to apply for an indefinite period, unless one of the Contracting States notifies the other Contracting State that it denies the Treaty; in this case, the Treaty shall continue to apply one year after the termination.
To prove it, the agents of both Contracting States signed this Treaty and sealed it.
Dane in Prague on 10 November 1961 in two original copies, each in Czech and German languages, both texts being equally authentic.
For
Czechoslovak Socialist Republic
David v. r.
For
Austria
Calice v. r.
FINAL PROTOCOL
When signing the Treaty between the Czechoslovak Socialist Republic and the Republic of Austria on mutual legal relations in civil matters, on documents and on legal information, an agreement was reached on the following points:
1. In the Czechoslovak Socialist Republic, public matrices also include matrix extracts from the matrix of the relevant church bodies drawn up before 1 January 1950. The Ministry of Foreign Affairs of the Czechoslovak Socialist Republic shall send to the Federal Ministry of Foreign Affairs of the Republic of Austria a list regarding the coming churches and religious societies within three months of the date of entry into force of this Treaty.
In the Republic of Austria, the public matrix documents are also those issued by the competent church authorities of the legally recognised churches and religious societies, namely the marriage marriage certificates which were entered before them before 1 August 1938, as well as birth certificates and death certificates for birth and deaths registered before 1 January 1939. The Federal Ministry of Foreign Affairs of the Republic of Austria shall send the Ministry of Foreign Affairs of the Czechoslovak Socialist Republic a list of these churches and religious societies within three months of the entry into force of this Treaty.
2. Article 22 shall also apply to documents issued by Austrian social security holders which are not public documents under Austrian law.
3. Pending the entry into force of the Convention on Social Insurance between the two Contracting States, the provisions of this Treaty shall apply mutatis mutandis to the arbitration courts of social insurance in the Republic of Austria. The Austrian courts will carry out service and provide legal assistance on the basis of a request from the Czechoslovak courts under this Treaty on social security matters.
4. The entry into force of this Treaty is without prejudice to the provisions on civil and criminal matters not covered by this Treaty (succession, custody and custody matters, and criminal matters; Notice No 12 in the Journal of the Czechoslovak Ministry of Justice of 1948 and the same Communication in the Official Gazette of the Austrian judicial administration of 1948, p. 7).
To prove this, the Agents signed this Final Protocol, which forms part of the Treaty.
Dane in Prague on 10 November 1961 in two original copies, each in Czech and German languages, both texts being equally authentic.
For
Czechoslovak Socialist Republic
David v. r.
For
Austria
Calice v. r.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 9 / 1963 Coll., on the Treaty between the Czechoslovak Socialist Republic and the Republic of Austria on mutual legal relations in civil matters, on documents and on legal information with the Final Protocol |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 02.02.1963 |
|---|---|
| Effective from | 30.12.1962 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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