Ez a törvény Magyarország és a Szerb Köztársaság közötti, polgári ügyekben nyújtandó jogsegélyről szóló szerződést hirdeti ki, megkönnyítve az igazságszolgáltatáshoz való hozzáférést és az együttműködést a két ország között. Célja a bírósági és hatósági eljárások felgyorsítása, költségeinek csökkentése, valamint a modern technikák alkalmazásának biztosítása.
SERBIA ON LEGAL ASSISTANCE IN CIVIL MATTERS Hungary and the Republic
Serbia (hereinafter individually “Party” and collectively “Parties”), Bearing in mind the intention to further develop friendly relations between the Parties, Attaching great importance to strengthening legal cooperation between the Parties, Seeking to ensure the protection
the rights and legitimate interests
their own nationals and the reliable satisfaction
their legitimate needs, With a view to developing and deepening cooperation in civil matters, thereby facilitating the development
bilateral relations, on the basis
the principles
sovereignty, equality and mutual respect for the interests
the Parties, Have agreed on the following: PART ONE GENERAL PROVISIONS Article 1 Scope
the Parties shall provide legal assistance to each other in civil matters in accordance with the provisions
this Agreement.
this Agreement, civil matters also include disputes relating to family and labour law, disputes arising out
commercial matters, and civil liability for damage caused by criminal
fences regardless
the judicial or extrajudicial nature
the procedure. Social security matters are not covered by the Agreement.
this Agreement does not extend to subject-matters governed by: 1. the Hague Convention
19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect
Parental Responsibility and Measures for the Protection
Children, 2. the Hague Convention
23 November 2007 on the International Recovery
Child Support and Other Forms
Family Maintenance, 3. the Hague Protocol
23 November 2007 on the Law Applicable to Maintenance Obligations, and 4. the Convention on the Recognition and Enforcement
Foreign Arbitral Awards done at New York, on June 10, 1958.
this Agreement, “authorities” mean all courts and other authorities that have competence in civil matters under the law
the Party concerned. “Other authorities” include, but are not limited to, guardianship authorities, civil registry
fices, notaries and enforcement
ficers proceeding in civil cases. Article 2 Legal protection
rights
either Party shall enjoy in the territory
the other Party the same legal protection with regard to their person and property as nationals
the latter Party.
either Party may apply to the authorities
the other Party in civil matters under the same conditions applicable to nationals
the latter Party.
this Agreement shall also apply to legal persons and other entities without legal personality, established in the territory
a Party in accordance with its national law. Article 3 Mode
communication
this Agreement, the authorities
the Parties acting in civil matters shall contact each other through the designated Central Authorities
the Parties.
Justice
Hungary and the Ministry
Justice
the Republic
Serbia as Central Authorities. The Parties shall communicate to each other the details
the designated Central Authorities and any changes thereto through diplomatic channels, simultaneously with the communication under Article 30 relating to the ratification
the Agreement, whereas subsequent changes shall be communicated without delay after they occur. Article 4 Use
languages
communication between the Central Authorities shall be English.
ficial translation in the language
the requested authority.
one
the Parties as well as private documents carrying an
ficial certification clause, such as, in particular, the certification
registration, signature or identity, shall not require additional legalisation when they are used before authorities
the other Party.
the signing person or the seal or the stamp is not authentic, the competent authority
the Party may, in the manner specified in Article 3, request the Central Authority
the other Party to verify the authenticity
the documents. Such verification may only be requested in exceptional cases, indicating the underlying reasons. PART TWO PROCEDURAL LEGAL ASSISTANCE Article 6 Scope
legal assistance Legal assistance extends to the handling
requests to serve documents, to perform acts necessary for taking
evidence, especially for the sending
physical evidence and documents, the hearing
parties, witnesses, experts and other persons, and the performance
inspections, to send public documents on civil status as well as to provide information on laws. Article 7 Refusal
legal assistance The Requested Party may refuse to execute the request submitted under this Agreement if it considers that it would infringe its sovereignty, public safety or public order, or if the execution
the request does not fall within the functions
the competent authorities
the Requested Party. The Requested Party shall, within 30 days from the date
the receipt
the request, inform the Requesting Party
the reason for the refusal to execute the request. Article 8 Costs
legal assistance Unless this Agreement provides otherwise, the Requested Party may claim no costs for the execution
a request for legal assistance submitted under this Agreement and the Parties themselves bear the costs accrued in their own territory in the course
legal assistance. Article 9 Service
documents
documents in civil matters, the Parties shall apply the Convention on the Service Abroad
Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at The Hague, on the 15th day
November, 1965 (hereinafter in this Article “the Convention”), subject to the derogations specified in this Article.
the Convention and the documents to be served shall be sent in one copy.
the receipt
the request.
ficial translation into, the
ficial language
the Requested Party, the requested authority shall act pursuant to point a) or b)
the first paragraph
the Convention.
the Convention shall apply to the costs
the execution
the request for service
documents. Costs
service
documents through Central Authorities shall be borne by the Requested Party.
documents is inaccurate or the addressee cannot be found at that address, the requested authority shall ex
ficio take the measures necessary for the determination
the address, provided that the relevant data are available to it. If the address cannot be determined, it shall inform the requesting authority accordingly, by returning the document to be served.
the Parties may also serve documents on persons residing in the territory
the other Party by post; however, due service can only be established if the following conditions are met: 1. the document was sent as registered letter with an acknowledgement
receipt, 2. the document has been accompanied by an
ficial translation into the
ficial language
the Party where the service takes place, unless the addressee is a national
the sending Party, and 3. the addressee voluntarily received the document, and attested the receipt with his or her signature.
service or within fifteen days from the day
service by making a written declaration
refusal
acceptance if the condition set in Subparagraph 2. Paragraph
evidence
the case covered by Article 11, the Parties shall apply the Convention
18 March 1970 on the Taking
Evidence Abroad in Civil or Commercial Matters (hereinafter in this Article “the Convention”) to the taking
evidence in civil matters subject to the derogations specified in this Article.
the address
a person residing in the territory
one
the Parties against whom a person domiciled or residing in the territory
the other Party has brought a civil claim, and to the establishment
the income or assets
a person against whom a maintenance claim has been brought. In order to facilitate compliance with such requests, the Requesting Party shall provide all the data available in the case.
this Agreement shall apply to the language
requests.
a request may also be refused on the grounds, in addition to those under Article 11
the Convention, that the execution
such request is not permitted under the restrictions on obtaining evidence imposed by the national law
the Requested Party.
ficio to establish the address, provided that it has the necessary particulars.
the Convention shall apply to the costs
execution
a request.
the Requested Party to take evidence under Article 15
the Convention is required. Article 11 Hearing by videoconference
persons present in their territory by videoconference.
the requesting authority, 2. the names and addresses
the parties to the proceedings and their representatives, 3. the subject-matter
the proceedings, and a brief description
the facts
the case, 4. the name, address and procedural standing
the person to be heard, 5. the name and position
the person conducting the hearing, 6. the planned date
the hearing, 7. information on whether the requesting authority will provide an interpreter.
the request, the requested Central Authority shall determine the conditions under which the hearing may take place, and may designate an authority in the territory
the requested State to participate in the organisation and conduct
the hearing.
evidence shall communicate directly for the purpose
making the necessary arrangements for the hearing.
the person to be heard shall be voluntary, and no coercive measure may be applied against him or her. The requesting authority or, if summoned by the authority
the Requested Party, the latter shall inform the person to be heard that participation is voluntary.
hearing. The Central Authorities
the Parties shall inform each other about the outcome
the procedure pursuant to the request for legal assistance. Article 12 Summoning
witnesses and experts
a witness or expert present in the territory
the other Party shall be voluntary, and no coercive measure may be applied against a witness or expert who did not enter appearance.
the Requesting Party.
his or her rights and obligations, the conditions for the advancement and reimbursement
his or her costs and fees, and the method
payment. A reference to the use
a coercive measure against the witness or the expert may not be made in the summons.
his or her travel and subsistence expenses, as well as fees. These costs shall be borne by the Requesting Party. The subsistence expenses and the fees shall be set at a rate not less than the amounts specified in the schedules
fees and provisions applicable in the territory
the Party where the hearing is to be carried out.
the witness or the expert, the travel and subsistence expenses shall be advanced, in whole or in part, to him or her. Article 13 Delivery
documents about personal status
the nationals
the other Party.
the Parties shall provide information on their laws and the case law
their courts.
the Requested Party is required for deciding a case pending before an authority, the European Convention on Information on Foreign Law concluded in London on 7 June 1968 shall apply. PART THREE PROCEDURAL PROVISIONS Article 15 Exemption from provision
security for litigation costs A national
a Party who is domiciled or resident in the territory
one
the Parties may not be obliged to provide security for litigation costs or any other security in the territory
the other Party only because he or she is a foreigner or has no domicile or residence in the territory
the Party before whose authority he or she is acting. Article 16 Eligibility for legal aid
a Party shall be entitled, in the territory
the other Party, to benefit from legal aid provided for by the law
the other Party under the same conditions and to the same extent as the nationals
the other Party.
a Party, the party shall be entitled to this legal aid at any procedural act to be performed in the same case before the authority
the other Party. If that kind
legal aid does not exist, a similar form
legal aid that exists under the law
the Requested Party shall be provided. Article 17 Application for legal aid and its annexes
a Party, in order to benefit from legal aid before the authority
the other Party according to Article 16, may submit an application to this effect: 1. directly to the competent authority
the Party in whose territory he or she seeks legal aid, or 2. through the competent authority
the Party on the territory
which the applicant is residing; this authority shall, in accordance with Paragraph
the Party in whose territory legal aid is sought.
the applicant shall be issued by the competent authority
the Party in the territory
which the applicant has domicile or residence.
the Party
the acting authority shall apply to the submission
the application, including the language
the documents submitted.
the Parties and a decision in the case may under this Agreement be recognised and enforced in the territory
the other Party, the authority
the other Party may terminate its proceedings if instituted subsequently.
the Agreement, the proceedings shall be deemed instituted at the date when the document instituting the proceedings is submitted to the authority.
Paragraph
the Parties may, through the Central Authorities, request information on proceedings pending in the territory
the other Party. PART FOUR RECOGNITION AND ENFORCEMENT
DECISIONS Article 19 General provisions on recognition and enforcement
decisions
this Part shall not apply to decisions taken in proceedings related to insolvency.
this Part, the following decisions may be recognized and enforced:
both decisions. Article 20 Recognition and enforcement
decisions
a Party that is final and enforceable under the law
this Party shall be recognized in the territory
the other Party if no grounds for refusal set out in Article 21 exist.
a Party that are final and enforceable under the law
this Party shall be enforced in the same manner as domestic decisions if no grounds for refusal set out in Article 21 exist. Article 21 Refusal
recognition and enforcement
decisions
a decision under Article 20 shall be refused if: 1. the authority
the Party that has taken the decision had no jurisdiction under the law
the Party in whose territory recognition and enforcement
the decision is sought;
the Party in whose territory recognition and enforcement
the decision is sought earlier than the proceedings before the authority
the Party where the decision was made; 4. in a case involving the same right arising from the same factual basis and between the same parties, the authority
the Party in the territory
which recognition and enforcement
the decision is sought has already made a final and binding decision; 5. in a case involving the same right arising from the same factual basis and between the same parties, a final and binding decision has already been made in a third state, and that decision can be recognized and enforced in the territory
the Party where recognition and enforcement
the decision is sought; or 6. the recognition or enforcement
the decision is contrary to the public policy
the Party in the territory
which recognition and enforcement is sought.
either Party, jurisdiction in personal status or family law matters is based on nationality, both nationalities
a person holding nationality
both Parties shall be taken into consideration for the purpose
Subparagraph 1. Paragraph
national law to the recognition and enforcement
decisions If a decision made by the authority
a Party cannot be recognised or enforced in the territory
the other Party pursuant to the provisions
this Agreement, the Agreement shall not prevent recognition and enforcement
the decision on the basis
the national law
the latter Party. Article 23 Application for recognition and enforcement
the Party in the territory
which the decision is to be recognized and enforced.
the other Party through the Central Authorities, with the provision that the Central Authority shall be responsible only for forwarding the application and any annex thereto.
the applicant, and if applicable, name and address
the applicant’s legal representative; 2. name, address and if possible personal identification number
the party with opposing interests, and tax identification number if it is a legal entity, and if applicable, name and address
the this party’s legal representative; 3. if applicable, determination
one method or one object, or multiple methods and objects
enforcement, or a request for enforcement to be effected on the entire property
the debtor; 4. if applicable, any information on the assets
the party with opposing interests, located in the territory
the Party where the decision is to be enforced; 5. any additional data that may facilitate the enforcement
the decision.
the decision,
compliance with the requirements for recognition stipulated in this Agreement; 5. an
ficial translation
the application and the documents referred to in Subparagraphs 1. to 4. Paragraph
ficial language
the Party in whose territory the decision is to be enforced; the translation shall be provided by the applicant. Article 24 Proceedings related to recognition and enforcement
decisions
the Requested Party shall apply to proceedings relating to recognition and enforcement
decisions.
the other Party may not be reviewed as to its substance. When deciding on an application for recognition and enforcement, the court shall be confined to determining whether the requirements for recognition and enforcement stipulated in this Part are met.
a decision in accordance with the law
the Party the authority
which decided on enforcement.
the following costs: 1. his or her costs, evidenced by an
ficial document, that incurred in connection with the unsuccessful enforcement in the territory
the Party where the decision was made, and
this Part shall apply accordingly to settlements approved by an authority. Article 26 Decisions on procedural costs
a decision shall extend, besides the provisions on the merits
the case, to provisions on procedural costs.
the Convention on Civil Procedure signed at The Hague on 1st March 1954 (hereinafter in this Article “the Convention”) shall be applied by the Parties to the enforcement
decisions ordering the plaintiff or the intervening party to pay procedural costs.
a decision on procedural costs may be submitted 1. to the authority which made the decision on the costs or which decided the case at first instance; the authority to which the application was submitted shall send it to the competent authority
the other Party through the Central Authorities; or 2. directly to the authority
the other Party competent to institute the enforcement proceedings.
Paragraph
the Convention shall be certified by the authority that has made the decision sought to be enforced.
Paragraph
the Convention shall be provided by the applicant. PART FIVE TRANSITIONAL AND CLOSING PROVISIONS Article 27 Relationship with other international agreements
this Agreement shall not affect the rights and obligations
the Parties arising from other international agreements to which both Parties are Parties.
the European Union.
this Agreement shall cease to be applicable on the day when an Agreement between the European Union or the European Union and its Member States, on the one hand, and the Republic
Serbia, on the other hand, has enters into force, in respect
the matters governed by the latter Agreement. Article 28 Transitional provisions
Hungary and the Socialist Federal Republic
Yugoslavia on Mutual Legal Assistance signed in Belgrade on the 7th March 1968 shall apply to requests for legal assistance sent to the Requested Party before the entry into force
this Agreement but not executed before the date
entry into force.
this Agreement shall also apply to the recognition and enforcement
the following: 1. in property law matters, any decision that became final and binding, and settlement approved, before the entry into force
this Agreement, but after 13th February 1961, and 2. in non-property law matters, any decision made, and settlement approved, before the entry into force
this Agreement. Article 29 Dispute resolution and conciliation The Parties shall settle any dispute that may arise in connection with the application, interpretation and implementation
this Agreement through negotiations conducted with the involvement
the Central Authorities
the Parties. Article 30 Ratification and entry into force
the national law
the Parties. The Agreement shall enter into force on the thirtieth day from the date when the Parties receive the last written notification
the completion
the ratification
the Agreement sent by the Parties through diplomatic channels.
time. This Agreement may be amended at any time by mutual consent, by exchange
notes between the Parties, through diplomatic channels. The amendments shall enter into force in accordance with Paragraph
this Agreement: 1. Articles 1 to 16 and 18 to 72
the Agreement between the People’s Republic
Hungary and the Socialist Federal Republic
Yugoslavia on Mutual Legal Assistance signed in Belgrade on the 7th March 1968 and 2. Articles 1 to 19
the Agreement on the amendment and extension
the Agreement between the People’s Republic
Hungary and the Socialist Federal Republic
Yugoslavia on Mutual Legal Assistance signed in Belgrade on the 7th March 1968, signed in Budapest on 25th April 1986 shall be repealed.
documents that were submitted but not completed prior to the entry into force
this Agreement, the provisions
Agreement between the People’s Republic
Hungary and the Socialist Federal Republic
Yugoslavia on Mutual Legal Assistance signed in Belgrade on the 7th March 1968 apply, except Article 17
the Agreement between the People’s Republic
Hungary and the Socialist Federal Republic
Yugoslavia on Mutual Legal Assistance signed in Belgrade on the 7th March 1968, for which this Agreement applies.
denunciation
the Agreement, any request for legal assistance received before the date on which denunciation becomes effective shall be executed in accordance with the provisions
this Agreement. IN WITNESS WHEREOF, the undersigned signatories, duly authorised under their national law, hereby sign this Agreement. Done at Budapest on 14 November 2024 in two original copies, both in Hungarian, Serbian and English language. The text shall be authentic in all three languages. In case
any contradiction or divergence
interpretation, the English text shall prevail. Vissza az oldal tetejére -->
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