Decree of the Minister for Foreign Affairs No. 97 / 1960 Coll.
Decree on the Treaty between the Czechoslovak Republic and the People's Republic of Albania on Legal Assistance in Civil, Family and Criminal Matters
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Effective from 28.05.1960
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97
DECLARATION
Minister for Foreign Affairs
of 7 June 1960
on the Treaty between the Czechoslovak Republic and the People's Republic of Albania on legal aid in civil, family and criminal matters
The Treaty between the Czechoslovak Republic and the People's Republic of Albania on Legal Assistance in Civil, Family and Criminal Matters was signed in Prague on 16 January 1959.
The Treaty was approved by the National Assembly on 13 May 1959 and ratified by the President of the Republic on 30 December 1959. The instruments of ratification were exchanged in Tirana on 28 April 1960.
Pursuant to Article 74 thereof, the Treaty entered into force on 28 May 1960.
The Czech version of the Treaty is published simultaneously.
David v. r.
TREATY
between the Czechoslovak Republic and the People's Republic of Albania on legal assistance in civil, family and criminal matters
President of the Czechoslovak Republic and
President of the People's Assembly of the People's Republic of Albania
led by the desire to consolidate as much as possible the friendly ties between the two countries and their peoples and to develop cooperation in the field of legal relations, they decided to conclude a contract on legal assistance in civil, family and criminal matters and to this end appointed by their agents:
President of the Czech Republic
Dr. Václav Damage,
the Minister for Justice,
President of the People's Assembly of the People's Republic of Albania
Behara Shtylla,
Minister for Foreign Affairs,
who have exchanged power of attorney and found them in good and proper form have agreed on this:
GENERAL PROVISIONS
Legal protection
1. Citizens and legal persons (hereinafter referred to as "citizens") of one Contracting Party shall enjoy the same legal protection in the territory of the other Contracting Party as regards their rights as personal and property citizens.
2. Citizens of one Contracting Party shall have free and undisturbed access to courts, prosecutors and public notaries (hereinafter referred to as the "judicial authorities'), as well as to other offices of the other Contracting Party whose jurisdiction is civil, family and criminal matters, may appear before them and submit applications and actions under the same conditions as citizens of that Contracting Party.
Provision of legal assistance
1. The judicial authorities of both Parties shall provide each other with legal assistance in civil, family and criminal matters.
2. The judicial authorities shall also provide legal assistance to other authorities in matters referred to in paragraph 1 of this Article.
Method of contact
1. In providing legal assistance, the judicial authorities of both Contracting Parties shall meet through their central bodies, unless otherwise provided for in this Treaty.
2. Other authorities under whose jurisdiction matters of civil or family law are subject to diplomatic relations with the judicial authorities of the other Party.
Scope of legal aid
The two Contracting Parties shall provide each other with legal assistance by carrying out individual procedural acts, in particular by procuring and sending documents, carrying out inspections, withdrawing cases, sending and issuing factual evidence, carrying out expert opinions, questioning the accused, witnesses, experts, participants and other persons, carrying out judicial investigations, and delivering documents.
Modification of documents
The documents sent to each other by the judicial authorities and other authorities in the provision of legal assistance shall be sealed.
Content of the request for legal aid
1. Applications for legal aid shall contain the following information:
(a) the designation of the applicant authority;
(b) the designation of the requested judicial authority;
(c) an indication of the case in which legal aid is sought;
(d) the names and surnames of the participants, accused, accused or convicted, their nationality, occupation and residence or residence; for legal persons, the name and registered office;
(e) the names, surnames and addresses of legal representatives;
(f) the content of the application, as well as the necessary details of the subject matter of the request and, in matters of criminal law, the nature of the offence.
2. In addition, the application for service of documents must contain the exact address of the consignee and the description of the documents received.
Treatment procedure
1. The judicial authority shall apply the law of its State when handling requests for legal aid. However, it may, at the request of the requesting authority, apply the rules governing the proceedings of the requesting Contracting Party, provided that they do not conflict with the law of its State.
2. If the requested judicial authority is not competent, it shall forward the request to the competent judicial authority and inform the requesting authority accordingly.
3. If requested by the requested judicial authority, it shall inform the requesting authority when and where the request for legal assistance will be completed.
4. The requested judicial authority shall return the files to the requesting authority following the completion of the request for legal assistance; where legal assistance cannot be provided, it shall at the same time state the reasons preventing the request.
Untouchability of witnesses and experts
1. A witness or expert who appears before the office of the requesting Contracting Party on a summons served by the judicial authority of the requested Contracting Party shall not be prosecuted, prosecuted or held in custody, irrespective of his nationality, or punishable by an offence committed prior to crossing the national borders.
2. However, this guarantee shall be forfeited by a witness or expert if he does not leave the territory of the requesting Contracting Party within a week after the hearing office has informed him that his presence is no longer necessary. Within that period, no account shall be taken of the period during which a witness or expert could not leave the territory of the requesting Contracting Party for reasons which are not at his will.
Service of documents
1. The requested judicial authority shall service the documents in accordance with the laws in force in its territory, provided that such documents are written in its language or accompanied by a certified translation. Otherwise, the requested judicial authority shall deliver the documents only if the addressee is willing to accept them voluntarily.
2. The translation verification shall be carried out by the competent interpreter or the requesting office or by the diplomatic or consular office of one of the Contracting Parties.
3. If it is not possible to arrange for the service of the document to the address indicated in the application, the requested judicial authority shall, on its own initiative, take the necessary measures to establish the address.
Proof of service
A document of service shall be issued in accordance with the rules on service of documents in force in the territory of the requested Contracting Party.
Service of documents to your own citizens
Both Parties shall be entitled to serve documents to their own citizens by their diplomatic or consular authorities.
Power of proof
1. The documents which have been established or certified in the territory of one Contracting Party by a State authority or official body in their field of competence in the form laid down in the applicable provisions and which have been sealed shall be recognised in the territory of the other Contracting Party without further verification. This also applies to signatures which are verified under the legislation of one Contracting Party.
2. The acts which are considered to be public in the territory of one Contracting Party shall also have the power of proof in the territory of the other Contracting Party.
Legal aid costs
1. The requested Contracting Party shall not require reimbursement of the costs arising from the provision of legal aid. The Contracting Parties shall themselves bear all costs arising from the provision of legal assistance in their territory.
2. The requested judicial authority shall notify the requesting 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 Office has selected them.
Information on legal issues
The Ministry of Justice of the Parties shall provide each other, upon request, with information on legal issues.
Language
The authorities of the Contracting Parties shall use their Russian or Russian language in liaison under this Treaty.
SPECIAL PROVISIONS
LEGAL ASSISTANCE IN CIVIL AND FAMILY MATTERS
Costs
Exemption from the guarantee
Citizens of one of the Contracting Parties who appear before the courts of the other Contracting Party, if they live in the territory of one of the Contracting Parties, may not be required to lodge a security for the costs of proceedings solely because they are foreigners or because they are not resident, resident or registered in the territory of the other Contracting Party.
Exemption from fees and advances
Citizens of one Contracting Party shall enjoy, in the territory of the other Contracting Party, exemption from fees and advances, as well as free legal assistance, to the same extent and under the same conditions as their own citizens.
1. Confirmation of the personal circumstances and of the family, earnings and property ratios needed for exemption from fees and advances as well as for granting legal aid shall be issued by the competent authority of the Contracting Party in whose territory the applicant is resident or resident.
2. If the applicant is not resident or resident in the territory of any of the Contracting Parties, a certificate issued or certified by the diplomatic or consular office of his State shall be sufficient.
3. A judicial authority which decides on a request for exemption from fees and advances and on the granting of free legal aid may request further clarification.
1. A citizen of one Contracting Party who wishes to apply for exemption from fees and advances as well as for free legal assistance with the competent authority of the other Contracting Party may make such request orally to the judicial authority responsible for his residence or residence. The Office shall draw up the minutes and send them together with the documents referred to in Article 18 (1) of this Treaty to the judicial office of the other Contracting Party.
2. At the same time as a request for exemption from fees and advances and for free legal assistance, an application for the initiation of proceedings or other proceedings may be made in the Protocol.
Personal and family law
Eligibility for legal acts
The legal capacity of a person shall be governed by the law of the Contracting Party to which the person is a citizen.
Distribution
1. If both 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. However, where one of the spouses 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 competent courts of that Contracting Party whose citizens they are.
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.
Invalidity of marriage
1. The declaration of invalidity of the marriage or the determination that there is no marriage shall be governed by the laws of the Contracting Parties whose citizens were married at the time of the marriage.
2. However, for the purpose of violating the form of marriage, it is not possible to declare that there is no marriage if the legal order of the Contracting Party in whose territory the marriage was concluded has been maintained when the marriage was concluded.
3. The courts of both Contracting Parties shall have jurisdiction.
Legal ratios between parents and children
The legal situation between parents and children shall be governed by the law of the Contracting Party whose child is a citizen. This also applies to the legal situation between a mother and the father of a child born outside of marriage.
(1) Denial and determination of paternity and determination of whether a child comes from a given marriage shall be decided in accordance with the law of the Contracting Party whose citizenship the child has acquired by birth.
2. The competent court of the Contracting Party whose legal order is applicable pursuant to paragraph 1 of this Article shall be to deny and establish paternity and to determine whether a child originates from a given marriage. Where both the applicant and the respondent are resident in the territory of one of the Contracting Parties, the court of that Contracting Party shall also be competent to decide on the refusal and determination of paternity and to determine whether the child comes from a given marriage, for the maintenance of the provisions of paragraph 1 of this Article.
Declaration for missing or dead and proof of death
1. For the declaration of a person missing or dead and in cases of death evidence, the jurisdiction of the judicial authority of the Contracting Party whose citizen was the person when, according to the latest reports, he was alive shall be given.
2. The judicial authorities of one Contracting Party may declare a citizen of the other Contracting Party missing or dead and may also carry out proceedings for proof of death on the basis of a proposal from persons living in the territory of that Contracting Party, if they are authorised to do so under the law of that Contracting Party.
3. The judicial authorities of the Contracting Parties shall apply the law of their State in the proceedings for a declaration of missing or dead or in the proceedings for proof of death.
Obligations and custody
1. In matters of custody and custody of members of the Contracting Parties, the authorities of the Contracting Party whose citizen is a protégé shall, unless otherwise specified.
2. The legal relationship between the guardian or guardian and the guardian shall be governed by the law of the Contracting Party whose office has appointed a guardian or guardian.
3. The obligation to take custody or custody shall be governed by the law of the Contracting Party whose citizen is the person to be appointed as guardian or guardian.
1. Where custody or custody measures are taken to protect the interests of a citizen of one Contracting Party whose residence, residence or property is in the territory of the other Contracting Party, the Office of that Contracting Party shall, without delay, inform the competent authority referred to in Article 26 (1).
2. In urgent cases, the Office of the other Contracting Party may take action itself in accordance with its own rules of law, but it shall immediately inform the competent authority referred to in Article 26 (1). Such measures shall remain in force until another decision of that Office.
1. The competent authority referred to in Article 26 (1) may delegate custody or custody to the office of the other Contracting Party if the protected person is resident, resident or property in its territory. The transfer of custody or custody shall become effective when the requested authority takes over custody or custody and informs the requesting authority thereof.
2. The Office which has assumed custody or custody under paragraph 1 shall keep them in accordance with the law of its State. However, in respect of legal capacity, it shall enjoy the rights of the Contracting Party whose citizen is a protégé. He shall not be entitled to decisions relating to his personal status.
Authorisation
1. The approval or revocation shall be governed by the law of the Contracting Party whose citizen is the adopter at the time of adoption or cancellation.
2. If the child is a citizen of the other Contracting Party, the adoption or cancellation of the adoption of the child and the acceptance of that Contracting Party must be ensured.
3. Where a child is adopted by spouses, one of whom is a citizen of one Contracting Party, the other is a citizen of the other Contracting Party, the adoption or revocation of the child shall be in accordance with the laws of both Contracting Parties.
4. The competent authority of the Contracting Party whose citizen is the acquirer at the time of adoption or withdrawal shall be responsible for the adoption or cancellation of the adoption procedure. In the case of paragraph 3 of this Article, the competent authority of the Contracting Party in whose territory the spouses have, or have, their common place of residence or residence.
Submission of documents
The Contracting Parties undertake to send each other, at their request, by diplomatic means, documentary evidence of entries in the matrices, educational documents, duration of employment and other documents relating to the personal rights and interests of the citizens of the other Contracting Party. Those documents shall be sent by diplomatic means without translation and free of charge.
Heritage
Principle of equality
Citizens of one Contracting Party shall be entitled to establish or revoke a testament to property which is in the territory of the other Contracting Party, or to rights to be exercised there, as well as to acquire the inheritance or by reference to such property or rights assimilated to citizens of the other Contracting Party. Property and rights shall be transferred to them under the conditions laid down for their own citizens living in the territory of this Contracting Party.
Hereditary law
1. The succession of movable property shall be governed by the law of the Contracting Party whose citizen was the deceased at the time of death.
2. The inheritance of real estate shall be governed by the law of the Contracting Party in whose territory they are.
The will
1. Eligibility to establish or revoke a will, as well as the legal effects of defects of the will, shall be governed by the law of the Contracting Party whose citizen was the deceased at the time of the establishment or cancellation of the will. These legal rules are also relevant for determining which types of acquisition are permitted in the event of death.
2. The form of establishment and cancellation of wills shall be governed by the law of the Contracting Party whose citizen was the deceased at the time of establishment or cancellation of wills; However, it is sufficient that the laws of the Contracting Party in whose territory these acts have been carried out are maintained.
Powers
1. The effective inheritance shall be discussed without prejudice to the provisions of paragraph 4 of this Article by the judicial authorities of the Contracting Party whose citizen was the deceased at the time of death.
2. The natural heritage shall be discussed by the judicial authorities of the Contracting Party in whose territory the inheritance is situated.
(3) Paragraphs 1 and 2 of this Article shall apply mutatis mutandis to disputes arising from claims for succession.
4. Where there is a whole movable inheritance after a citizen of one of the Contracting Parties in the territory of the other Contracting Party and all the heirs agree to this, they shall be discussed by the judicial authority of that Contracting Party, on a proposal from the heirs or references.
Communication of deaths
1. If a citizen of the other Contracting Party dies in the territory of one Contracting Party, the competent authority shall, without delay, inform the diplomatic or consular office of the other Contracting Party of the death and shall inform him of all knowledge of the heirs and references and their residence or residence, of the extent and price of the inheritance and of whether there is a will. The same applies if the competent authority of one of the Contracting Parties finds that a citizen of the other Contracting Party who died outside the territory of both Contracting Parties has left a fortune in the territory of its State.
2. If the diplomatic or consular office finds out about death earlier, it shall inform the judicial authority responsible for securing the inheritance.
Authorisation of the diplomatic or consular office to discuss the succession
1. In all matters of succession occurring in the territory of one of the Contracting Parties, members of the diplomatic or consular office of the other Contracting Party shall be entitled to represent their own citizens before the judicial or other offices, provided that they are absent and have no other agent; No special power of attorney required.
2. If a citizen of one Contracting Party dies on the road of the territory of the other Contracting Party and does not reside there, the matters which he has carried for his own use shall be handed over without further proceedings to the diplomatic or consular office of the Contracting Party to which he was a citizen.
Opening and announcement of the will
The competent judicial authority of the Contracting Party in whose territory the will is situated shall be to open and declare the will. A certified copy of the will and the record of the state and content of the will, as appropriate, a certified copy of the Protocol opening and announcing the will and, on request, the original of the will shall be sent to the judicial office of the State of the deceased or to the judicial office of the other Contracting Party which is in the proceedings.
Heritage measures
1. The authorities of both Contracting Parties shall, in accordance with their legal order, take the measures necessary to ensure or manage the inheritance left on their territory by a citizen of the other Contracting Party.
2. The measures taken pursuant to paragraph 1 of this Article shall be notified without delay to the diplomatic or consular authority of the other Contracting Party which may cooperate in such measures. On a proposal from a diplomatic or consular authority, the measures taken pursuant to paragraph 1 may be amended, revoked or postponed.
3. The Office of a Contracting Party whose citizen is the deceased and which is competent under Article 34 (1) may propose that the measures taken pursuant to paragraph 1 be repealed.
Issue of an inheritance
Where the movable heritage or the proceeds of the sale of the movable or immovable heritage are to be surrendered, after consultation of the inheritance in the territory of one Contracting Party, to heirs or references resident or resident in the territory of the other Contracting Party, the inheritance or proceeds of its sale shall be surrendered to the diplomatic or consular office of that other Contracting Party if:
(a) the judicial authority has called upon the creditors of the deceased to declare their claims within three months if it is provided for in the law of the Contracting Party where the inheritance is situated;
(b) all inheritance fees and all claims applied for have been paid or secured;
(c) the competent authorities have given the consent, if necessary, to export the items of succession or transfer the proceeds of their sale.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 97 / 1960 Coll., on the Treaty between the Czechoslovak Republic and the People's Republic of Albania on Legal Assistance in Civil, Family and Criminal Matters |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.07.1960 |
|---|---|
| Effective from | 28.05.1960 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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