Decree of the Minister for Foreign Affairs No. 91 / 1962 Coll.
Decree of the Minister for Foreign Affairs on the Treaty between the Czechoslovak Socialist Republic and the People's Republic of Hungary on the regulation of legal relations in civil, family and criminal matters
Valid
Effective from 08.07.1962
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91
DECLARATION
Minister for Foreign Affairs
of 13 August 1962
on the Treaty between the Czechoslovak Socialist Republic and the Hungarian People's Republic on the regulation of legal relations in civil, family and criminal matters
On 2 November 1961, the Treaty between the Czechoslovak Socialist Republic and the People's Republic of Hungary on the regulation of legal relations in civil, family and criminal matters was signed in Prague.
The Treaty was approved by the National Assembly on 18 May 1962 and ratified by the President of the Republic on 4 June 1962. The instruments of ratification were exchanged in Budapest on 7 June 1962.
According to Article 86 of the Treaty, the Treaty entered into force on 8 July 1962.
The Czech version of the Treaty is hereby published at the same time.
First Deputy Minister:
Dr Gregor v. r.
TREATY
between the Czechoslovak Socialist Republic and the Hungarian People's Republic on the regulation of legal relations in civil, family and criminal matters.
President of the Czechoslovak Socialist Republic and
The President
Desiring to consolidate as much as possible and further develop friendly relations between the two countries and their peoples in the field of legal cooperation, they have decided to conclude a treaty on the regulation of legal relations in civil, family and criminal matters and have appointed their agents to this end:
President of the Czechoslovak Socialist Republic
Dr. Alois Neumana,
the Minister for Justice,
The President
Dr. Ference did not invite,
the Minister for Justice,
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 and legal persons (hereinafter referred to as "citizens") of one Contracting Party 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 Contracting Party may, before the authorities of the other Contracting Party which are active in civil, family and criminal matters, appear and bring actions, lecture requests and complaints, make proposals, as well as request other acts necessary to exercise their rights under the same conditions as members of the other Contracting Party.
Legal aid
The courts, prosecutors, state notaries and other authorities of the Contracting Parties active in civil, family and criminal matters shall provide each other with legal assistance in such matters.
Method of contact
The courts, prosecutors and state notaries of the Parties shall meet directly in providing legal assistance; other authorities active in civil, family and criminal matters shall provide themselves with legal assistance through courts.
Scope of legal aid
The two Parties shall provide each other with legal assistance by carrying out individual procedural acts, in particular by sending and issuing factual evidence, procuring and sending documents by carrying out expert opinions, questioning of the accused, witnesses, experts, participants and other persons, carrying out judicial investigations, delivering documents, and removing cases.
Content of the request for legal aid
(1) The application shall contain:
(a) the designation of the applicant authority;
(b) the designation of the requested authority;
(c) the indication of the case in which legal aid is sought;
(d) the name and surname (s) of the participants, the accused, the accused or the convicted, their residence or, where applicable, their place of residence, their nationality, profession, and, in criminal matters, the place and time of birth of the accused and the names of the parents,
(e) the names, surnames and addresses of legal representatives;
(f) the subject matter of the request and the particulars necessary for the completion of the request;
(g) in criminal matters, a description and a description of the offence.
(2) The Contracting Parties shall use bilingual forms for the submission of requests.
(3) Documents sent under this Treaty shall bear official seals and signatures.
Procedure for processing requests for legal aid
(1) The requested authority shall proceed with the handling of the request in accordance with the law of its State. However, it may, if requested, follow the rules of procedure in force in the State of the applicant authority.
(2) If the requested authority is not competent, it shall forward the request to the competent authority and the requesting authority shall manage it.
(3) If the exact address of the person indicated in the request is not known, the requested authority shall take appropriate measures to establish the address; If the address cannot be ascertained, it shall inform the requesting authority thereof and return the request at the same time.
(4) The requested authority shall, at the request of the requesting authority, inform it in due time when and where the request will be completed.
(5) Upon completion of the request, the requested authority shall return the files to the requesting authority; in cases where the request cannot be complied with, the file shall be returned and shall at the same time state the reasons which prevented the hearing.
Protection of witnesses and experts
(1) A witness or expert who appears before the requesting authority of the other Contracting Party to be served by the authorities of one Contracting Party, may not be prosecuted, regardless of his nationality, for the offence covered by the request, or for any other offence which he has committed before crossing the borders of the requesting State and may not be punishable for such an offence imposed on him.
(2) However, such protection shall be waived by a witness or expert if he does not leave the territory of the requesting Contracting Party within a week after the hearing authority has informed him that his presence is no longer necessary. That period shall not exceed a period for which the witness or expert could not leave the territory of the requesting Contracting Party without his fault.
Service of documents
(1) The requested authority shall arrange for the service of documents in accordance with the provisions in force in the territory of the requested Party if the document received is written in or accompanied by a certified translation into that language. Otherwise, the requested authority shall deliver the document to the addressee if it is willing to accept it voluntarily.
(2) Upon express request by the requesting authority, the requested authority shall, within the limits of the rules in force in the territory of the requested Party, arrange for the document to be served on the addressee in its own hands.
(3) The application must state the exact address to which the document is to be served and the type of document to be served.
(4) If the document cannot be served on the address indicated in the request, the requested authority shall, on official duty, take the necessary measures to establish the exact address; If the address cannot be ascertained, it shall inform the requesting authority and return the document to be served at the same time.
(5) The translation of the document to be served on the addressee shall be verified by the authorised interpreter, diplomatic representative or consular office of one of the Contracting Parties.
Proof of service
A document of service shall be drawn up in accordance with the rules governing service of the documents of the requested Contracting Party. The document of service shall indicate the place and time of service and to whom the document has been served.
Service to own state citizens
(1) The Contracting Parties are entitled to serve their own state citizens through their diplomatic representations or consular offices.
(2) In this way, enforcement measures cannot be used or threatened.
Legal aid costs
(1) The requested Contracting Party shall not require reimbursement of costs for the provision of legal assistance. Each Contracting Party shall bear all costs incurred in providing legal assistance on its territory.
(2) The requested authority shall notify the applicant authority of the amount of costs incurred. If the applicant authority collects these costs from the person liable for reimbursement, they shall remain with the Contracting Party whose authority has selected them.
Information on legal issues
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 own country, as well as on the legal practice of the authorities active in civil, family and criminal matters.
Destination identification
At the request of a citizen of one Contracting Party who intends to exercise his legal right in respect of a citizen of the other Contracting Party residing in its territory and whose close address is unknown, the Ministry of Justice of the other Contracting Party shall take measures to establish the address of that citizen.
Language in the provision of legal assistance
The authorities of the Contracting Parties shall use the Russian language or language in mutual contact in providing legal assistance.
Certificate validity
(1) The documents which have been established by the competent authority of one Contracting Party or which have been certified in accordance with their respective laws and which have been sealed officially shall have the power of proof in the territory of the other Contracting Party without further verification. The same shall apply to signatures on documents if they have been verified in accordance with the provisions of one of the Contracting Parties.
(2) The instruments which are considered to be public in the territory of one Contracting Party also have the power of proof in the territory of the other Contracting Party.
Civil and family affairs
Personal matters
Eligibility for rights and legal acts
(1) The eligibility of a natural person for rights and legal acts is governed by the law of the Contracting Party to which that person is a citizen.
(2) Eligibility of a legal person for rights shall be governed by the law of the Contracting Party under which it is established.
Declaration of death and proof of death
(1) The competent authority of the Contracting Party whose citizen was a person at the time when, according to the most recent reports, he was still alive shall be responsible for declaring a person dead or missing and for proceedings on proof of death.
(2) The authority of one Contracting Party may declare a citizen of the other Contracting Party dead or make evidence of his death:
(a) on application by a person who wishes to claim the right of inheritance or matrimonial property to a missing property which lies in the territory of the Contracting Party whose authority is in proceedings;
(b) at the request of the spouse of the missing person, if the spouse is resident in the territory of the Contracting Party whose authority is in proceedings at the time of the application.
(3) In the matters referred to in paragraphs 1 and 2, the competent authorities of the rule of law shall apply the State of which the citizen was a person when, according to the latest reports, he was still alive.
Family business
Marriage
(1) The basic conditions for the conclusion of marriage shall be governed by the law of the Contracting Party to which he is a citizen for each of the spouses.
(2) The form of marriage is governed by the law of the Contracting Party in whose territory the marriage is concluded.
Personal and property ratios of spouses
(1) Where the spouses are citizens of one Contracting Party and reside in the territory of the other Contracting Party, their personal and property circumstances shall be administered by the law of the Contracting Party to which they are citizens; the courts of the two Contracting Parties shall be responsible for the proceedings.
(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 by the law of the Contracting Party in whose territory they have or have had their last joint residence; the courts of the two Contracting Parties shall be responsible for the proceedings.
Distribution
(1) If the two spouses are citizens of one Contracting Party and reside in the territory of the other Contracting Party at the time of the application for divorce, divorce shall be administered by the law of the Contracting Party whose citizens they are. The courts of both Contracting Parties shall have jurisdiction. Where one spouse resides in the territory of one Contracting Party at the time of the application for divorce and the other spouse resides in the territory of the other Contracting Party, the court of the Contracting Party whose citizens are married shall be competent.
(2) If, at the time of filing the divorce application, one spouse is a citizen of one Contracting Party and the other spouse is a citizen of the other Contracting Party, the courts of both Contracting Parties shall be responsible for the divorce. The courts shall apply the law of their State.
Determination that there is no marriage and nullity of marriage
(1) The determination that there is no marriage and the declaration of invalidity of the marriage due to the lack of the basic conditions for the conclusion of the marriage shall be governed by the law applicable under Article 18 (1).
(2) The determination that there is no marriage and the declaration of invalidity of marriage for breach of the form of marriage shall be governed by the law in force at the place where the marriage was concluded.
(3) Article 20 shall apply mutatis mutandis to determine the jurisdiction of the court.
Legal ratios between parents and children
(1) Recognition, detection and denial of paternity or maternity shall be governed by the law of the Contracting Party whose child is a citizen at the time of birth. The court of the Contracting Party in whose territory the child lives at the time of the initiation of the proceedings shall be competent for the proceedings.
(2) As far as the form of recognition of paternity is concerned, it is sufficient if it has been followed in accordance with the law of the Contracting Party in whose territory the will has taken place.
(3) Other legal relationships between parents and children, in particular the arrangements for the education of the child, shall be governed by the law of the Contracting Party whose citizen is the child. The competent authority of the Contracting Party in whose territory the child lives at the time the proceedings are initiated shall be responsible for the proceedings.
Maintenance obligation
(1) The designation of maintenance obligations under family law shall be governed 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 acquirer.
(2) The consent of the child and of other persons or bodies shall be required for adoption, if required by the law of the Contracting Party whose citizen is the adopted child.
(3) Where a child is recruited 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 laws of both Contracting Parties shall be fulfilled.
(4) The authority of the Contracting Party whose citizen is the acquirer shall be responsible for the adoption procedure; in the case referred to in paragraph 3, the competent authority of the Contracting Party within the territory of which the spouses are, or last, resident in common.
(5) The provisions of this Article shall also apply mutatis mutandis to the withdrawal of adoption.
Obligations and custody
(1) In matters of custody and custody of the citizens of the Contracting Parties, unless otherwise provided for in this Treaty, the authorities of the Contracting Party whose citizen is the person to be established for the protection or custody.
(2) The establishment and termination of custody and custody are governed by the law of the Contracting Party whose citizen is the person to whom the custody or custody is to be established.
(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 become guardian or guardian.
(5) Where the guardian or guardian is resident in the territory of one of the Contracting Parties, he or she may be appointed as guardian or guardian, as well as a citizen of the other Contracting Party, provided that he or she resides in the territory of the Contracting Party where he or she is to be served and that his or her provisions are 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 domicile, residence or property is in the territory of the other Contracting Party, the authority of that Contracting Party shall inform the competent authority referred to in Article 25 (1) without delay.
(2) In urgent cases, the authority of the other Contracting Party may take appropriate provisional measures in accordance with its own rules of law, but it shall inform the competent authority referred to in Article 25 (1) without delay. Such measures shall remain in force until another decision of that authority.
(1) The competent authority referred to in Article 25 (1) may delegate custody or custody to the authority of the other Contracting Party if the guardian or guardian is resident, resident or property in the territory of that Contracting Party. The transfer shall become effective when the requested authority takes over the custody or custody and informs the requesting authority.
(2) The authority which has taken over 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 under the law of a Contracting Party whose citizen is a guardian or guardian. Decisions relating to personal status shall not be entitled; may, however, grant the marriage consent required under the law of the State of which the guardian or guardian is a citizen.
Property
Form of legal acts
(1) The form of legal acts is governed by the legal rules applicable to legal acts. It is sufficient, however, to follow the legal order in force at the place of the legal act.
(2) The form of legal acts relating to immovable property is governed by the law of the Contracting Party in whose territory the property is situated.
Real estate
(1) Real estate rights and other property rights are governed by the law of the Contracting Party in whose territory the property is situated.
(2) The competent authority of the Contracting Party in whose territory the property is situated is responsible for the proceedings relating to property rights in kind and other property rights.
(3) Paragraph 1 shall not apply to matters of matrimonial and inheritance, and paragraph 2 to matters of matrimonial property.
Hereditary matters
Citizens of one Contracting Party shall have the same status in the territory of the other Contracting Party as citizens in respect of the acquisition of capital or other rights situated in the territory of the other Contracting Party by inheritance by law or on the basis of a acquisition in the event of death, as well as as the ability to establish or revoke a acquisition in the event of death.
(1) The succession arrangements are 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.
Death
If, under the law of the Contracting Parties, the inheritance of the State falls, the movable inheritance of the State of which the deceased was a citizen at the time of death shall be that of the State of residence.
Acquisition in case of death
(1) Eligibility to establish or abolish the acquisition in the event of death, as well as the legal effects of the fault of the will, shall be governed by the law of the Contracting Party whose citizen was the deceased at the time of the will. This right is also relevant for determining which types of acquisition are permitted in the event of death.
(2) The form of the acquisition in the event of death is governed by the law of the Contracting Party whose citizen was the deceased at the time when he set up the acquisition in the event of death. It is sufficient, however, that the law of the Contracting Party in whose territory the acquisition of a death certificate has been established has been followed. The same applies to the abolition of the acquisition in the event of death.
Jurisdiction in matters of inheritance
(1) The examination of the movable inheritance shall be without prejudice to the provisions of paragraph 3 of the authority of the Contracting Party whose citizen was the deceased at the time of death.
(2) The examination of the immovable property is the responsibility of the authority of the Contracting Party in whose territory the property is situated.
(3) Where there is a whole movable inheritance in the territory of one Contracting Party, the authority of that Contracting Party shall discuss it with the application of the heir or the referee, if all known heirs and references agree.
(4) The provisions of the preceding paragraphs also apply to the determination of jurisdiction in succession disputes.
Communication of deaths
If a citizen of one Contracting Party dies in the territory of the other Contracting Party, the competent authority shall immediately inform the diplomatic representative or consular post of the other Contracting Party directly of the death and shall inform him of all known knowledge of the heirs and references, of their residence or residence and of the extent of the inheritance and of any possible acquisition in the event of death. If it is known to that authority that the property remained after the deceased in another State, it shall also disclose that fact.
Authorisation of the diplomatic representative or consular post to discuss the succession
(1) In matters of succession, the diplomatic representative and consular authorities 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 an agent.
(2) If a citizen of one Contracting Party dies during a transitional stay in the territory of the other Contracting Party, the matters which he carried shall be handed over without further proceedings to the diplomatic representative or consular office of the Contracting Party to which he was a citizen; the legislation on the export of goods and the transfer of cash amounts must be respected.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 91 / 1962 Coll., on the Treaty between the Czechoslovak Socialist Republic and the People's Republic of Hungary on the regulation of legal relations in civil, family and criminal matters |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.09.1962 |
|---|---|
| Effective from | 08.07.1962 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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