Both instruments establish a network of Central Authorities in each contracting state and applicants/creditors/petitioners can forward their applications to a Central Authority who will forward it to the relevant competent Court and, in some instances, will organise legal assistance.
The costs relating to the proceedings include, in particular, stamp duty, court registry fees and registration duty, the costs and fees for legal actions and the charges for a copy of the court ruling (Section 1018 of the Judicial Code).
In accordance with the principle of the lex fori, the procedural law applicable is Greek procedural law, but this is overridden by European Community law and by other international treaties in accordance with Article 28 of the Constitution.
In the case of continuing-performance contracts, the power to terminate may also be exercised if the breach took place prior to the insolvency order.
The data entered in the Ship Register are public and have legal force.
In the case of hearings under Articles 10 to 12 of the Regulation, the requested court notifies the witness/the party of the time and place of the hearing, while for the hearings under Article 17 of the Regulation, the serving of summons is carried out by the requesting court.
The court will reject an application for the taking of evidence where the evidence would be valueless or inadmissible under the law (for example, if a claim that a piece of real estate was sold is based only on witness statements), or where the facts to which the application refers would be irrelevant for the purposes of the judgment (for example, testimony concerning a fact unrelated to the subject‑matter of the dispute).
However, there is a code of conduct for mediation in Scotland.
If immovable property or premises have not been transferred into the debtor’s possession by the time bankruptcy is declared, both the trustee and the other party may withdraw from the contract.
However, documentary evidence may be presented only if at least one of the parties has referred to it and documentary evidence may not be admitted or witnesses heard if this is opposed by both of the parties.
More information can be found on the Estonian Courts website and on the website of the Supreme Court.
Finland has three different family mediation procedures: 1) out-of-court mediation, 2) court mediation as an independent procedure, and 3) mediation as part of the implementation of a decision concerning the custody of a child or rights of access.
the wanted person can do any resulting prison time in the executing country, if they are a national or habitual resident of that country.
When the court rules in favour of a party it will order the unsuccessful party to pay the successful party all the court costs they have incurred.
Since 2017, Alex Brown is the new President of the European Law Institute.
The judges and courts have the inexcusable duty of resolving the cases they hear in every case, using the established system of sources.
Commercial courts(192 Kb) Please note that a new network of municipal and commercial courts, consisting of 24 municipal courts and eight commercial courts will be put in place on 1 April 2015.
Related links European Business Register Search the commercial register Company Registration Portal The e-Business Register Registration departments Notaries
Once the plaintiff’s costs have been reimbursed, the proceeds of recovery accrue to the creditors covered by the public composition.
At this stage, which is still subject to judicial proceedings, the forces of law and order may intervene if the debtor fails to meet his/her obligations spontaneously.
At a beneficiary’s request, the notary can issue a Certificate of the Group of Heirs during the succession proceedings.
In addition to the aforementioned advertising methods, with regard to advertising of sales of immovable assets, there are procedural nuances in that on the one hand, the value of the asset dictates the method of advertising (a national newspaper if the value of the asset exceeds RON 250,000), and on the other hand, there is an obligation to place an advertisement in the Electronic Register for the Advertisement of Sales of Assets subject to Enforcement.
The Constitutional Court (Satversmes tiesa) is an independent judicial body that considers cases of the constitutionality of laws and other legal acts within the remit laid down for it in the Constitution and the Law on the Constitutional Court.
In order to open debt restructuring proceedings, a debtor submits a corresponding petition to a court, and this must be accompanied, among other things, by a debt restructuring plan indicating the obligations to be restructured and the manner of restructuring as well as the term for implementing the restructuring plan.
One of the possible methods of execution, in cases concerning the enforcement of maintenance payments for a minor child, is the suspension of the driving licence of the liable party.
Tribunals usually sit as a panel, incorporating a legally qualified tribunal chairperson or judge, supported by lay panel members with specific areas of expertise.
The final report must describe the overall characteristics of the insolvency practitioner’s activities, and include a quantification of the financial results thereof.
Under the public access principle a great deal of information held by Swedish authorities is public.
There can be cases where there is a will but it disposes of only a portion of the estate: for the remainder, the rules of legal succession will apply alongside those governing testamentary disposition.
The Registrar is a professional legal expert who performs a public service: he/she classifies and checks under their own responsibility all the documents to be entered in the Register.
3.2 the division of property of the spouses In the event of divorce, neither spouse may receive more than they would have received if the marriage had been entered into under the system of common ownership of property acquired ex post facto.
Complainants can request information from the IGSJ on the status of their case by any means and by quoting the case number.
A minister proposes a draft law, which is then published in the Gazette for a first reading to be given in Parliament.
Legal aid may be granted to a natural person who is resident in or a citizen of Estonia or another Member State of the European Union at the time of submitting his or her application.
The court serves the order for sale on the parties, the lien creditor, other participants in the proceedings who have a registered pre-purchase or redemption right, and on the competent administrative authority (Article 181 of ZIZ).
The denial of a creditor’s claim by another registered creditor must have the same particulars as an action under the Code of Civil Procedure, and must make it clear whether the authenticity, amount or ranking of the claim is being denied.
Businesses and individuals involved with the court in a professional capacity are not anonymised.
Property will pass under the Succession (Scotland) Act 1964 in the order set out below.
(a) PRIOR RIGHTS A widow, widower or surviving civil partner (the survivor) has prior rights in his or her late spouse or civil partner's estate.
How to find a mediator in Bulgaria The Ministry of Justice maintains the Unified Register of Mediators.
3.2 the division of property of the spouses In principle, the spouses can agree to divide up their property as they wish.
The period commences at the time of the court hearing in which it was set, including for a party that did not appear in court despite being duly summoned.
The costs of the parties include court fees paid in advance, the costs actually incurred by the party, the fees paid to the enforcement agent and their expenditure, the fees paid to the legal representative and their expenditure.
The acquisition of a legacy means that the legatee may request that the terms of the legacy be met.
In companies where the financial year ends on 31 December, partners or shareholders who hold at least 5 % of the share capital have until 31 March of the following year to request the appointment of an auditor.
In the latter case, a subsequent will shall only repeal the parts of the previous will which contradict it (Articles 1763-1768 of the Civil Code).
In this case the heirs and legatees wind up and share out the inheritance by mutual agreement, with no obligation to open proceedings involving a notary or court.
The debtor’s statement of opposition to the creditor’s application must be filed in writing within twenty days of the court order being served on the debtor.
Access to the database is free of charge.
Act No 201/2008 on substitute maintenance and amending Act No 36/2005 on the family and amending certain laws, within the meaning of Decision No 615/2006 of the Constitutional Court of the Slovak Republic (Ústavný súd), provides for a mechanism whereby substitute maintenance can be advanced by the State (the office for labour, social affairs and family – úrad práce, sociálnych vecí a rodiny) to beneficiaries.
If requested by the parties, the court may also adopt intervention and administration measures with regard to the assets of the estate.
Undermining of the enforcement of a ruling If an interim measure is to be ordered in response to concerns that the enforcement of a ruling could be undermined, the entitled party must be in possession of a decision or other instrument constituting grounds for the enforcement of the ruling.
Under Section 138(1) of the Code of Civil Procedure the court may award full or partial exemption from court fees to a party if this is justified by the party’s situation, provided that the action brought is not arbitrary and that the party is not exercising or defending a right that is manifestly devoid of any prospect of success.
The Courts Service is an independent corporate body that came into existence in November 1999 and was established by the Government under the Courts Service Act, 1998.
Members of the Constitutional Court are barred from being members of political parties or engaging in political activities.
5 How is transmission and storage of data secured?
6 Is it necessary to use any kind of electronic signature and/or time record?
Each of the ten provinces, as well as the Brussels Capital administrative district, has an assize court (cour d’assises/hof van assisen).
If necessary in order to clarify the facts, the guardianship authority will request details on attachment from the employer.
Situations under which consent is required for adoption or assuming a parent-child relationship: When the personal law of the adopted requires their consent.
He or she also submits an annual activity report to the President of the Republic and to Parliament, which is made public.
The parties must pay the legal costs of the lawyers representing them in court.
The court examines the case briefly, hearing both parties, and then issues the interim measure.
If a higher court amends a judgment or passes a new judgment without referring the matter for a new hearing, the court is to amend the division of the procedural costs accordingly, if necessary.
Where in the circumstances just described the court believes that the marriage can still be preserved, divorce proceedings may be postponed for up to six months with a view to a possible reconciliation of the spouses.
Notaries are public officers authorised to record any instrument or contract which the parties are obliged, or may wish, to invest with the authenticity associated with instruments having public authority, and to authenticate their date, keep them safe and issue principal and additional copies.
2 What are the conditions under which such measures may be issued?
The only case where the law provides for the sale of the deceased's property is where there are no heirs and the property has been recognised as bona vacantia, falling under the jurisdiction of the state.
Other exempt facts include those entrusted to lawyers, legal procurators or priests.
The Dutch Mediation Institute (NMI) is an independent institute which aims to raise awareness of mediation in the Netherlands and improve the standard of the services available.
Entitlement to legal aid also applies in the case of cross-border disputes, i.e. if the applicant resides outside the Netherlands.
These details are then updated in the trade register system.
100 % of national territory is registered in the cadastral information system and registrations are managed in digital format.
Secondary legal aid may be received by the same recipients, but the provision of such aid is also subject to the level of their total income.
Search results are arranged by date of publication.
Information about the steps planned or undertaken in the case can be obtained from the Court Customer Service Office (Biuro Obsługi Interesanta, BOI) of the relevant court.
In Portugal, co-mediation is allowed, both in the public system and in the private mediation system.
If an addressee refuses to sign the bill of delivery, the summons server will record this on the bill of delivery and record in letters the date of service and the document shall then be deemed to have been served (Article 149(3) of CPA).
The declaration of enforceability enables the creditor to ask the judicial enforcement officer who requested the declaration to make use, either simultaneously or successively, of all the available means of enforcement provided for by law in order to exercise his/her rights, including the entitlement to the expenses of enforcement.
The lawyer can claim payment from the client, including through special procedures such as an advance on fees (provisión de fondos, while the proceedings last) or a final statement of accounts (jura de cuentas, once concluded).
If the case requires specific knowledge in some area, the mediator may, with the agreement of the parties, engage an assistant whose fee is paid by the parties.
This remuneration is paid by the State.
A divorce is granted by a notary on the basis of a joint personal written application by the spouses.
It is headed by a chief prosecutor acting under the coordination of the Prosecutor-General of Romania.
The list of instruments available in this section will be gradually extended.
If conciliation cannot be reached, the procedure continues.
The dirigente is the highest position in the administrative personnel.
If heirs conclude such an allocation agreement, the notary public issues the grant of probate based on the agreement, with corresponding content.
The hearing has to be conducted in Greek; if necessary, an interpreter will be present.
Solicitors (jogtanácsos) The fundamental task of solicitors is to facilitate the operation of the organisation by which they are employed.
The survey sketch is treated as part of the instrument.
If you do this, however, you may have to manually adjust some preferences every time you visit a site and some services and functionalities may not work.
For instance the procedure for resolving lease disputes has been set out in the Lease Disputes Resolution Act (üürivaidluse lahendamise seadus).
It is implied if the heir takes any action that implies his intention to accept the inheritance, and it is express if he assumes the status of heir either in a public deed or in a private written document.
In the case of a unilateral application, no hearing takes place.
It covers not just businesses but other legal persons too.
Similarly, participants in peace and security operations forming part of Spanish contingents abroad that are the object of a terrorist attack will also be entitled to the aid provided for in law.
Appeals against judgments issued by a regional court acting as court of first instance are heard by a high court.
While there are no comparative statistics, it is likely that mediation is more common in the field of family law.
Country: Lithuania Instrument: Recognising and enforcing judgements in civil and commercial matters - European enforcement order 1.
No No – as to the result of appeals?
The court alone, however, will decide the amount of any damages payable to victims, if they so request.
Appeals in proceedings on claims of up to EUR 2 700 are only allowed on points of law or on grounds of invalidity (extremely serious procedural errors).
He/she may submit initiatives to the Government or Parliament for laws and other provisions to be amended.
Additionally, on 1 January 2010 the District Court in Lublin was designated as the competent court for hearing cases falling within the jurisdiction of other district courts in an electronic procedure by writ of payment.
Expert witnesses are bound to accept their duties and give their findings and opinion (first paragraph of Article 246 of the ZPP).
Section 101 of the Civil Code (Act No 40/1964) sets out the limitation periods as follows: (1) A right awarded by a final decision of a court or other authority shall become statute-barred ten years from the date on which the liable party was to execute the decision.
The outcome of successful debt settlement is that debt discharged in the course of the proceedings cannot be claimed later on from the debtor and the creditors receive a specific proportion of their claim within a predictable period of time.
Registrars Organisation In Austria, registrars are an essential pillar of the judicial system.
3 What are the legal consequences of a divorce as regards: 3.1 the personal relations between the spouses (e.g. the surname) As a rule, both spouses retain the surname they used while they were married.
The value considered in a maintenance case is the amount of maintenance demanded for the first twelve months following submission of the application, but not exceeding the total amount of payment demanded.
In order to be dealt with by the Commissariats, complaints must fulfil the conditions set out above.
Otherwise, they will be closed for lack of information.
Relevant information may be obtained from the Taxation Department (Τμήμα Φορολογίας) of the Ministry of Finance and from bar associations.
The registers provide information on deeds of transfer of ownership and other land rights, as well as the raising and writing-off of mortgages.
Seizure takes effect on the day the decision on seizure is served on the debtor’s debtor.
There are important provisions laid down in the Law to enable the Commissioner’s Office to serve as an independent national human rights organisation responsible for protecting and promoting children’s rights.
Under Section 30 et seq.
of the Postal Regulation, the designated service provider provides services in such a way as to enable the sender to obtain a document confirming the receipt of a registered item only at the written request of the sender.
If the parties do not request that the case be considered at a court hearing and the court does not believe that a hearing is necessary, small claims are adjudicated by written procedure, and the parties are notified in good time of the date when a copy of the judgment can be obtained in the court secretariat.
In criminal proceedings, experts’ fees are paid in advance by the court.
The duration and scope of parental responsibility may only be changed by a court of law.
If this first option fails then one can file an action before the First Hall Civil Court (Constitutional Jurisdiction).
If necessary when making the decision on suspension, the court may hear the parties.
A marriage is automatically considered to have broken down if it lasted for at least one year, the spouses have not being living together for at least six months and the other spouse joins the petition for divorce.
Victim support is provided by the communities and regions of Belgium.
Only the printed text of the Collection of Acts is authentic.
If there are not sufficient grounds to bring a case against the offender and the public prosecutor fails to press charges, the examining magistrate will dismiss (end) the proceedings.
In accordance with the Constitution, the number of judges is fixed from time to time by legislation.
Can I get legal aid (help from a lawyer) when preparing the claim?
Agreed mediation can be initiated by either of the parties, whatever the subject-matter, subject to Article 1251-22(2) of the New Code of Civil Procedure, without any legal or arbitration proceedings.
The Enforcement of Judgments Office (EJO) is a branch within the Northern Ireland Courts and Tribunal Service (an agency of the Department of Justice) and is responsible for the enforcement of civil court orders in Northern Ireland relating to money, goods and property.
The existence of substantive jurisdiction is one of the fundamental procedural conditions pertaining to the court.
The official publication of the Principality of Liechtenstein is the electronic official gazette (Amtsblatt) (Article 16 of the Publication Act (Kundmachungsgesetz).
In practice, the normal method of service is personal service, as provided by the Code of Civil Procedure.
See also question 12.
Article 34 The appeals provided for by Article 34 can be lodged only with a court of appeal (hovrätt) or with the Supreme Court (Högsta domstolen).
Ordinary courts - Introduction The system of ordinary courts is organised in four levels.
If the criminal proceedings are particularly complex, the president of the court of first instance may determine that the case is to be tried by a panel of three of that court’s judges.
If one of the child’s parents fails to comply with an agreement on fixed or periodic maintenance payments, the agreement may be submitted to the court bailiff (tiesu izpildītājs) for enforcement.
Forensic examinations - what are they?
The courts of civil jurisdiction have jurisdiction to hear and decide on petitions for divorce only if at least one of the following requirements is satisfied: at least one of the spouses was domiciled in Malta at the date of the filing of the petition for divorce in the competent civil court; or at least one of the spouses had his/her ordinary residence in Malta during a one-year period immediately before the petition for divorce is filed.
Attorneys at law General points Attorneys at law are called upon and authorised to represent parties in all court and out-of-court proceedings in all public and private matters before all courts and public authorities of the Republic of Austria.
All the mediators included in this list have followed specific training.
When the closure of insolvency proceedings is declared, all limitations on the debtor’s powers come to an end.
8.2 The debtor’s right to bring actions (Article 54): The law determines the debtor’s legitimacy to bring actions according to the powers it retains.
In the course of the mediation, the mediator may communicate with and meet each of the parties’.
The CAAJ, which is independent from the Order of Legal Agents and Enforcement Agents, is the body responsible for supervising and exercising disciplinary action over enforcement agents.
Naturally, you will be notified of when your case is finally to be heard.
In this case it is necessary to distinguish whether the offender is unknown or if the person prosecuted for the crime has not been found guilty, even though it is obvious that the crime has occurred (that is, the crime was committed, but it could have been committed by someone else).
Most tribunal jurisdictions are led by a separate president or chairperson and each has different powers of enforcement.
In labour disputes, the principle that the scope of the proceedings is determined by the parties is replaced by a system marked by inquisitorial elements, specifically under the following provisions: Section 420: provides for the free questioning of the parties during the hearing on the case; Section 421: provides that the court may at any time on its own initiative order the admission of any type of evidence, even beyond the limits set by the Civil Code.
A will so written does not have to be signed by witnesses.
The General Extension of Time Limits Act stipulates that a time limit that ends on a Saturday, Sunday or generally recognised public holiday is extended until the end of the next day that is not a Saturday, Sunday or generally recognised public holiday.
A sale is often also promoted on other websites with a view to attracting prospective buyers.
The debtor regains control of his assets and can once again manage his business, subject to the measures which the court has imposed on him in the plan.
Next, the judge will issue a judgment approving the proposal accepted by the meeting, and there is a prior procedure for the administrator and the creditors that did not attend or were deprived of their rights to contest the proposal.
Court of first instance The court of first instance has jurisdiction in all disputes that are not assigned by law to other courts.
Thus the court of first instance has residual jurisdiction.
The configuration of this new public service providing access to the case‑law produced in the various judicial bodies in the best possible technical conditions, as well as with special protection for people with regard to the handling of automated data, is based on the mandates and opinion generated by various plans, planning declarations of a political nature and rules generated in various spheres.
The General Council of the Judiciary (Consejo General del Poder Judicial, CGPJ) has drawn up tables for the calculation of maintenance allowances.
The official announcements are not available as open data.
Commercial courts: as a rule, jurisdiction lies with the court of the place where the defendant resides.
In the event of acceptance pure and simple, liability for debts and other succession charges similarly does not exceed the value of the assets inherited, but in this case it is up to the heirs or legatees to prove that the estate does not include assets of sufficient value to pay the debts or satisfy the legacies.
However, an individual cannot bring an action against another person (natural or legal) or against a Member State before the Court of Justice.
If a court ruling imposes payment by instalments, the enforcement document remains in force for the whole period during which payments are due and the 10 year period begins from final date of each payment.
Moreover, Article 67 of the PILA stipulates that where no applicable law has been identified in the PILA, in specific regulations, in international agreements ratified and enforceable in Poland or in EU law, the law governing the legal relationship should be the law of the country with which that legal relationship is most closely connected.
A reorganisation plan does not release a person who is jointly and severally liable for performance of an obligation of an undertaking from performance of that person’s obligation.
Any judge taking a case, may, with the agreement of the parties, appoint a qualified, impartial and independent third party mediator.
Article 67 (c) The languages accepted for the certificate concerning rights of access and return of the child pursuant to Article 45(2): German.
Conciliation proceedings in administrative cases are regulated by the Code of Administrative Court Procedure and in criminal and misdemeanour cases by the Code of Criminal Procedure.
Is access to the German Company Register free of charge?
A notice to that effect is left on the addressee’s door or in his/her letterbox (Article 139 of the Code).
If as victim you are granted the benefit of legal aid, you will not have to pay the following costs: Prior legal advice.
More information may be found here.
The courts may thus resolve disputes about the interpretation of legislation.
The issuer of the legislative act is obliged to present its opinion to the Chancellor of Justice within 20 days.
Actions regarding the enforcement of custody and right of access orders must be brought to a court of first instance in the judicial district where the child or the respondent has his or her place of residence or where either is temporarily residing.
The measures taken and cost statements drawn up by the bailiff can be challenged by bringing an objection (Erinnerung).
Those persons benefit fully from the legal aid whose monthly net income per family member was below RON 300 in the last two months prior to the petition.
Right of withdrawal Before the contract is signed, the trader must explicitly draw attention to the consumer’s right of withdrawal, the withdrawal period, and the ban on advance payments.
A reconciliation, concluding the bankruptcy proceedings, may be established in a bankruptcy if the reconciliation is supported by the debtor and by majority of the creditors.
To obtain detailed information on registers in Member States as well as Iceland, Lichtenstein and Norway please select one of the flags listed on the right hand side.
What are the corresponding private international law rules?
18 What are the rules on access to justice in cross-border cases within the EU following the structure of Chapter V of the Maintenance Regulation?
District Courts also exercise non‑contentious jurisdiction, for example in regard to adoption, guardianship, emancipation, etc.
Latvia does not have specialised courts, for instance family courts, or judges who specialise in particular legal issues, as is the case in other countries.
The error is presumed to be substantial if it is about: (i) the health of the other party or a sexual abnormality which makes normal family life impossible; or (ii) a serious crime committed by the other party.
Incompatible functions Apart from serving as president or deputy president of a court, judges may not engage in any other form of paid activity except managing their own assets, performing academic, teaching, literary, journalistic or artistic work, or serving on advisory bodies to the Ministry or government or on parliamentary bodies.
Any action puts forward a claim, which will often have a monetary value, and the scope of a court’s subject-matter jurisdiction is determined by legislation that specifies the nature and value of the claims that the court is permitted to hear.
You fear that your debtor will take advantage of the long-drawn-out procedures and the various redress facilities to escape his/her creditors before judgment is actually given.
Prosecutors Organisation The structure described below concerns the public prosecution service and other relevant departments under the Act of 9 October 2009.
The scope of this person's duties is defined by the testamentary disposition and may range from monitoring whether the heir/legatee fulfils certain conditions or distributes the estate correctly through to the administration of the estate.
The fee for the provision of data, copies and certificates from the Record of the order of enforcement instruments is paid by the applicant in advance on the basis of a payment request.
The complaint may relate to a matter concerning the complainant, but it is also possible to complain on behalf of another person or jointly with others.
Members of the Network participate in particular in the activities of the European Judicial Network in civil and commercial matters and in the performance of tasks stemming therefrom, and in the activities of EU Council and Commission working parties and committees on civil and commercial matters.
Training materials are also available on the following general issues: Access to justice in environmental matters The role of national courts and the Commission in the implementation of European environmental legislation.
The request may be filed at any time and at any stage of the proceedings, provided that accepting it would not exceed the time-limits for the procedural step set out in the Code of Civil Procedure.
Payment is guaranteed until the maintenance debtor begins to effectively comply with the obligation.
An action in that dispute may be brought by parties to the insolvency proceedings other than the debtor, unless a debtor in possession, and by the insolvency practitioner or the prosecutor’s office.
A decision or judgment given by a court, or an agreement entered into by the two marriage partners, may be amended if that is considered to be justified owing to altered circumstances.
By way of exception, a Greek judge will apply Greek law instead of applicable foreign law if, despite making all possible effort to find the provisions of foreign law, this has proved impossible.
In bankruptcy proceedings, an administrator is the legal representative of the debtor in bankruptcy and as such is authorised to manage the bankruptcy estate and to realise it.
Its primary purpose is to serve as a resource for monitoring the adult learning sector.
Legal databases A number of legal databases are available.
These rules are laid down in the Constitution and in the legislation on institutional reform in the federal state of Belgium.
Under Article 1284 of the Civil Code the rate of statutory interest is determined on an annual basis by the Minister for the Economic Affairs and Finance.
The Prosecutor-General is the only prosecutor allowed to instigate or pursue proceedings in the Supreme Court.
Public access to the Land Register is also available at all local courts in Slovenia, notaries and administrative units, where individuals may obtain a certified copy of an extract from the Land Register.
Attachment of immovable property is carried out by means of special proceedings before the enforcement judge of the regional court, for which the creditor must be represented by a lawyer.
The IGEC's ombudsman safeguards, defends and promotes the legitimate rights and interests of citizens and the fairness and justice of the education system.
Pursuant to Section 317(3) of the Code of Civil Procedure, an excerpt from a document subject to public service is published in the publication Ametlikud Teadaanded.
In addition, the law includes various other situations where a witness has the right or the obligation to refuse to give evidence.
Agreement on choosing the law applicable to matrimonial property regime may be concluded either before the celebration of the marriage, or at the time of concluding marriage or during marriage.
The solicitor submits the enforced recovery request, the enforcement order and the decision of the dean of the bar association to the competent local judicial enforcement officer.
Article 153 of the Land Register Code, a law applicable in the alternative to the business register, provides that any person who registers a false or legally non-existent document may, in addition to criminal liability, become liable for the damage which is thus caused.
Data entered in the public register and documents deposited in the document registry are posted in a manner permitting remote access.
The Romanian Code of Civil Procedure provides for rules of alternative jurisdiction (Article 113 to 115).
However, the surviving legal cohabitant may be deprived of that right of usufruct by a will or inter vivos gift to other persons.
The heir has three options.
No access to the Maltese land register is subject to a payment.
All of the unsecured and subordinated claims that are outstanding on the date of closure of the insolvency proceedings will be affected by the exemption, except for public law and maintenance claims.
Wills drawn up as described in points (1), (2) and (4) above do not have to be registered, but at the testator’s or another person’s request they can be accepted by a notary for safekeeping.
Interim measures may be applied both in the absence of an action and at any stage of the civil procedure.
Legal aid for individuals may be granted in various forms: legal advice; exemption from court fees and charges; phased payment of court fees and charges; appointment and payment of the legal representative's fees; appointment and phased payment of the legal representative's fees; assignment of an enforcement agent.
Article 19 – Defendant not entering an appearance Italy does not intend to make the statements provided for by paragraphs 2 and 4.
Dependants are paid compensation in monthly instalments.
In such a case, the creditor may request information on the debtor’s property from the operator of the register.
Specific legislation on certain companies by sector of activity (financial entities, insurance companies, electricity sector, leasing companies, etc.).
Declarations of acceptance and refusal of succession must be notarially authenticated.
After the movable property is sold, the commission agent will hand it over to the buyer against payment of the purchase price.
The case is then forwarded to ordinary civil courts and dealt with in line with national legislation.
2 Implementation of conflict of law rules 2.1 Obligation of the judge to apply conflict of law rules on his own initiative Conflict of law rules cannot be raised ex officio by the judge; such rules are only applicable if at least one of the parties to the suit has argued that there is conflict of laws.
All matters related to magistrates must be evaluated by the CSM, which protects the independence of the magistrates and their status.
Cross-border insolvency (EU rules) Insolvency cases involving companies or entrepreneurs with activities, assets or affairs in several countries can be resolved under EU law – specifically Regulation 2015/848 (see here for a summary of how it works).
The court must be convinced of the points submitted by the parties.
The budget system is based on a workload-measurement system maintained by the Council.
However, it may continue if the child’s education and training is still ongoing (Articles 203 and 336 of the Civil Code).
The written proof of service is the acknowledgement of receipt, which indicates the outcome of the service procedure, i.e. the recipient, the quality of the recipient if he is not the addressee (e.g. authorised representative), the date of receipt or, if there is no delivery, the obstacle that prevented it (e.g. refused receipt, “did not pick up”).
Claims regarding defects of works carried out are subject to shorter limitation periods.
Knowledge of intent is presumed if the other party knew that the debtor was under threat of insolvency and that this act would cause harm to the creditors.
What is an e-service?
Data on the real property register is available by payment only.
The documents will be returned without processing if the notification request is not accompanied by a bank receipt after the aforementioned payment is made.
In an action that has been defended, the clerk of court first hears the parties on the claim for expenses and costs incurred.
This is usually done at the conclusion of the final hearing of any case.
In these cases, the maintenance obligation applies even if the creditors are not in need.
Proceedings concerning parenthood, paternity and maternity: Article 768 of the LEC provides protection measures for the person and assets under the authority of whoever may appear to be a parent and the granting of provisional alimony to the claimant, including without a prior hearing in urgent cases.
The court can, in principle, decide anything except to award sole custody (personal care) to one of the parents.
Actions involving child custody, housing and visiting rights are normally heard at the place where the child is resident (please also see the section on Parental responsibility - Sweden).
If the adopting and the adopted persons are citizens of different states, and are not domiciled in the same state, the law of the Republic of Croatia is the applicable law if one of them is a citizen of the Republic of Croatia.
The officer bringing the proceedings (procesa virzītājs) cannot enter into any such agreement or retain any particular lawyer, but must provide the accused with the necessary information and give him or her the opportunity to contact a lawyer.
Workers' right to information and consultation within the undertaking You have the right to receive information regarding your rights at work and to have a say when there are changes in your working conditions that affect you directly.
No charge is made for submitting a complaint, application or petition.
The fundamental rule says that Slovak courts have jurisdiction if the person against whom a submission (claim) is directed has his residence or its registered office in the Slovak Republic, or, in the case of property rights, if he has property in the country.
However, while this is always true for protective measures, which require that proceedings be pending in the main dispute, it is only partly true in the case of anticipatory measures, which remain effective whether or not there is a trial pending, although they have not got the same force as a final judgment determining the issues involved.
15 If I am in another country and the debtor is in this Member State: Petitioners who wish to recover maintenance under the 1956 New York Convention on the Recovery Abroad of Maintenance must apply to the transmitting agency in their home country, which will forward the application to the receiving agency in Sweden (Social Insurance Office).
On successful completion of this examination, the candidate becomes a full lawyer and is registered on list I.
On presentation of a reasoned and substantiated application, a trainee may be permitted by the steering committee to carry out a minimum of three and a maximum of six months of their legal traineeship in a law firm in another European Union Member State.
Its taxable income for corporate tax must be less than the amount equivalent to three times the annual calculation of the IPREM.
If so, do I get any instructions on how to calculate it or on other aspects?
Database of the Supreme Court of the Republic of Croatia 'SuPra' contains all the decisions of the Supreme Court since 1 January 1990.
Judges cannot be transferred to another post without their consent, unless the transfer is part of a reorganisation of the court system.
The Court of Appeal, Civil Division, is presided over by the Master of the Rolls.
You will be notified in writing of this decision.
Bank accounts, intangible assets, securities etc. may be subject to precautionary attachment.
The aforementioned provisions relating to the examination of a witness or a party under oath cannot be applied in cases pursuant to the Non-Contentious Proceedings Act (Section 35 AußStrG).
Likewise, they are not bound by earlier decisions of other courts on similar legal issues (precedents).
The members sit in the General Assembly of the Council of State and in one of the chambers of the Administrative Litigation Section or the Legislation Section.
You will be considered a victim of crime if you have suffered as the result of an offence which carries a penalty under criminal law; for example, if you suffer injury or your property is lost due to damage or theft.
Third-party liability for the actions and omissions of bodies exercising public authority in a given country shall be governed by the law of that country.
If a marriage is void it is completely invalid and is treated as if it had never existed.
The third change of the Constitutionof 1990 took place at the beginning of 2001.
Between 1980 and 1992, the records were transferred to the land register database.
The legal representative or the lawyer does not bear tax liability for this payment.
A man and a woman who have been in a long-standing relationship without marrying may inherit from each other as spouses, but only if there are no reasons why a marriage between the two of them would have been invalid.
If this happens, the court can order the party required to pay the costs, or in default the losing party, to pay the other party an amount which the court determines to cover the expenses incurred and not included in the costs.
The electronic register of the Maltese Land Registry Department is only accessible to Land Registry employees and members of two other government departments who have read-only rights.
The application should lay down the circumstances upon which the claim is based and what the essence of the request is.
The rate, where applicable, is 20 percent.
The law applicable to contractual obligations is determined according to the regulations of European Union law, and in matters not falling within their scope, the domestic provisions on the law applicable to the legal act in question, unless otherwise provided by international conventions or by special provisions.
For cross-border disputes within the EU, there are certain special provisions for legal aid.
The letters rogatory procedure allows the hearing of witnesses or other persons involved (Article 17 of Law No 189/2003 on international legal assistance in civil and commercial matters).
When a judgment is served, that date is the commencement date of the period for objections or any appeal that might be brought.
Related links Finding the appropriate court Organisation of justice – France
Only acts of the Republic of Austria which are published in the legally prescribed way in the "Federal Law Gazette of the Republic of Austria" (Bundesgesetzblatt der Republik Österreich) are legally binding.
The courts examine whether each individual request is admissible.
Bulgaria has adopted the principles set out in relevant EU legislation governing the validity of entry or deletion of particulars and publication of documents relating to traders.
Claims for established maintenance allowance become unenforceable (time-barred) five years after the due date of payment.
Completion of implementation of the safeguard or judicial reorganisation plan does not allow creditors who had not declared their claim to take action against the debtor.
Judges are entitled to put questions to an expert at any time of their examination.
Pursuant to Act No 99/1963, Code of Civil Procedure (hereinafter referred to as “CCP” or the “Code of Civil Procedure”), judicial documents are served either by personal service or by “regular” post, depending on the nature of the document.
Interim injunctions issued prior to the divorce proceedings lapse if the divorce petition is not lodged within four weeks of the decision granting the interim injunctions.
1.6 Statement of opposition Not applicable.
The business reorganisation officer investigates the debtor’s financial standing and, in consultation with the debtor, draws up a plan setting out how the aims of the reorganisation are to be achieved.
However, the court is permitted to take away this option if it finds that they cannot discuss their case properly or completely as a result of their temper or inexperience (Section 758 of the Judicial Code).
2.2.2.3 Can the parties themselves attribute jurisdiction to a court that would not be competent otherwise?
Reorganisation proceedings If reorganisation proceedings are opened, the court will set a term during which the undertaking must transfer the amount determined by the court as a deposit to cover the reorganisation adviser’s initial remuneration and initial expenses to the account prescribed to this end.
After the service, the court bailiff fills in the acknowledgment of receipt which indicates the reference particulars of the document served, the name and capacity of the person on whom the document has been served, the date and time of service, or, if the document has not been served, the reasons for which the service was not possible.
The Regulation applies as of 11 January 2015.
2.2 Renvoi Falling within the scope of private international law, Article 6 of the Conflicts of Laws Act provides that if, according to the provisions of that Act, the law of a foreign state should be applied, its conflict-of-laws rules on the choice of applicable law are taken into consideration.
The parties may also limit, by means of a written agreement, the claimant’s right to choose from among several courts competent for such disputes.
It may also order the sale of goods belonging to the debtor to satisfy sums outstanding.
The role of the Centre for Human Rights is to distribute information and promote education, training, research and cooperation in the field of fundamental and human rights.
Divorce requires a court decision that is no longer open to appeal (Articles 1438 et seq.
of the Civil Code (Αστικός Κώδικας)).
Link to the provisions of the Code of Civil Procedure on service: click HERE 2 Which documents need to be served formally?
3.9 Insolvency Article 303 of the Bankruptcy Act lays down the basic principle that the law of the state where the proceedings are initiated governs the legal effects of the opening of bankruptcy proceedings.
Addresses: Luxembourg tribunal d'arrondissement Cité judiciaire, L – 2080 Luxembourg Diekerich tribunal d'arrondissement Palais de Justice Place Guillaume L-9237 Diekirch
The independent and autonomous position of judges is safeguarded by a provision of the Constitution stating that a judge may be removed from office only by a court decision.
The final order serves as proof of the rights and obligations therein.
Where a reorganisation plan is implemented before the due date, the reorganisation proceedings end if the undertaking has performed all the obligations they assumed under the reorganisation plan before the term for implementing the reorganisation plan expires.
The parties to the proceedings cannot therefore file requests for the protection of legality.
If the case cannot be resolved at this stage, a separate main hearing is scheduled.
That is to say, a participant in a proceeding can give a statement under oath or, in a proceeding on petition, a statement not given under oath by way of a procedural conference, and a witness or expert can also be heard by way of a procedural conference.
Section 1343(2) of the Judicial Code stipulates that in order to be legally valid, the memorandum of service of this decision must contain the following: A copy of the application; A statement of the period within which the debtor may lodge an objection; Details of the court to which that objection must be submitted, together with the formalities to be fulfilled in that regard.
In civil actions (but not in non-contentious proceedings) the interested parties can, subject to certain conditions, choose a court other than the normally competent court (court of first instance).
The case must be considered within three months.
This can be the heir or a legatee.
Income is calculated on the basis of three times the net income of both spouses.
The court will grant the parties the opportunity to make their case and eventually decide whether the requisites for insolvency exist, in which case the court will order dissolution and the deemed date of insolvency will be the date of filing of the application to the court in terms of article 223 of Chapter 386.
In order to gather evidence (in accordance with Articles 199 and 206 of the Code of Civil Procedure), a court may require a legal or natural person to present written or material evidence, which must be submitted directly to the court within fixed time-limits.
If proposed by an heir, the court also orders the administrator to see to the testator's last will.
This interest amount then remains unchanged throughout the period of default.
Case law of courts of first and second instance is available in the electronic Riigi Teataja.
Under judicial reorganisation, the court-appointed administrator (administrateur judiciaire) assists the debtor in his business management or carries it out himself, in whole or in part, in place of the debtor.
3.7 Wills and successions Spain applies the provisions of Regulation 650/2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession.
Public documents generally issued by notaries are notarial records and notary's minutes.
The rest of the claims against the insolvency estate are paid as they fall due, but the administrator may change this rule if required in the interests of the insolvency proceedings and if there are sufficient assets for payment of all of the claims against the insolvency estate.
In urgent cases, a request for precautionary seizure of a ship may be filed even before bringing an action on the merits of the case.
The law does not contain specific instructions for such circumstances.
Therefore, these matters are based on the national legislation of the country where the document is being delivered.
How to find a legal translator or interpreter in Germany The standard German database of translators and interpreters lists all of the translators and interpreters that are officially sworn, certified and/or working in a public service capacity across the federal states (Länder) of Germany.
The details of organisation of the Constitutional Court, the procedure to be followed before the Court and the status of its judges are laid down in Act No 38/1993, as amended.
He can lodge an immediate complaint (Beschwerde) against a decision taken in proceedings where there has been no hearing.
However, claimants who obtain or who try to obtain a payment order fraudulently, by including false or incomplete information in their application, will be fined under the Austrian Code of Civil Procedure.
Which court handles a case relating to fundamental rights will depend on various factors, such as the right that has been infringed and the context in which this occurred.
One becomes an heir, either legitimate o testamentary, ipso iure (by operation of law) at the time of the testator's death.
1.3 Forms As there is no small claims procedure in Austria, there are no particular forms for such claims.
JURIFAST by the Association of the Councils of State and Supreme Administrative Jurisdictions of the European Union (ACA Europe), which contains preliminary rulings by the European Court of Justice, and the relevant preliminary questions by the Member States' courts (this database works in English and French).
The list indicating which language applies can be found in the manual of the receiving agencies for Regulation (EC) No 1348/2000 on the service in the Member States of judicial and extra-judicial documents in civil or commercial matters (European Judicial Atlas in Civil Matters).
Legal databases The website of the Chamber of Advocates provides information on the corps, including news, a calendar of events, and a lawyer database.
The Act is promulgated in the state gazette and comes into force after three days, unless another term is specified in the Act.
The Ministry of Justice of Bulgaria has established a register of mediators as part of the central register of non-profit corporate bodies offering useful public services.
Jurisdiction of an action arising from a bill of exchange or cheque – an action arising from a bill of exchange or cheque can also be filed with the court whose jurisdiction covers the place of payment for the bill of exchange or cheque.
As was mentioned above, a court may require a party seeking an injunction to pay what is known as “an undertaking as to damages” into court so that if they are ultimately unsuccessful at the trial, the party against whom the injunction was made will have some protection as regards any costs incurred as a result of the order.
In this context, social partners from the private sector (employers and trade unions) negotiate agreements and contracts.
Failure to comply with a time limit for appearance nullifies a judgment delivered before the time limit expires if the defendant has not appeared.
Identification will be requested depending on the chosen form of dispatch.
The conditions governing the recruitment of trainee judges to courts, the way in which this is done and the duration of, and arrangements for, traineeships are governed by a separate law.
In certain cases provided for in the New Urban Lease Law (Novo Regime do Arrendamento Urbano), notification may be effected by lawyers, solicitors or enforcement officers before an action has even been brought.
Other registers of assets: Information on certain assets is made public in a specific manner owing to their nature, as may be the case with intangible assets at the Spanish Patent and Trademark Office.
In the case of a joint petition, the divorce order will be granted on the basis that both spouses believe that their marriage has irretrievably broken down.
Where the document was served by bailiff, the addressee cannot refuse to accept this, except on the ground indicated in Articles 5 and 8 of the aforementioned Regulation (EC) No 1393/2007 (requirement for translation).
There is no legislation governing the fee charged but notaries generally charge on the basis of time, travel and the amount a professional would be expected to charge for a service.
For boats, the computerised register is maintained by the Ministry for Transport; for ships, there are six different registers that are also maintained by the Ministry for Transport.
The creditor obtains a lien on the seized objects.
Law 192/2006 provided the legislative framework for the introduction of mediation, within which the mediation profession operates.
The experts work in the Forensic Science Northern Ireland (FSNI) and their competence is maintained by the agency as part of the Quality Accreditation.
The statement of grounds consists only of a brief summary of the factual considerations and an indication of provisions of the procedural and substantive law on which the decision is based.
There is nothing in principle to prevent a creditor from asserting his or her claim in vague terms until the time‑limit for objecting to the proposed distribution.
Country code The country code for Lithuania is [LT].
Short description of the possible results of the procedure/proceedings.
The application is processed or a reply is sent.
Evidence in commercial matters (Section 25 of the Commercial Code) is unregulated, but includes a specific form of evidence, namely the receipted invoice in the case of contracts of sale.
6 In what language should the hearing be conducted: (a) where requests are made under Articles 10 to 12; and (b) where there is direct taking of evidence under Article 17?
History of the Danish Land register Please see the Register's website.
Federal legislative power A initiative for federal legislation may come from one or more Members of the House of Representatives, one or more Members of the Senate or the King (in practice his Ministers or Secretaries of State).
Even in the case of real estate, ownership is transferred at the time of devolution, i.e. before the new owner has been entered in the land registry.
Two types of announcements are published in Ametlikud Teadaanded: announcements intended to inform a particular person and which, for privacy purposes, must not be reusable.
Under the 1981 Order, the EJO has the right to seize property and sell it off at auction using the net proceeds of sale (after payment of the costs and expenses of seizure) to pay the unpaid debts (see Articles 31, 34 and 40 of the 1981 Order).
The court will especially consider the following as legitimate circumstances that justify suspension: the number of persons the debtor is required to support and the number of persons actually supported by the debtor, the long-term or serious illness of the debtor or the debtor’s dependants, and natural catastrophes that occurred during the enforcement procedure and affected the debtor.
The guide for trainers is available in English, German and French.
If the deceased was not married and leaves children, only those children inherit.
The notary may issue a certificate of the status of heir, which states the number, capacity and extent of rights, but not the estate.
However, there may be additional costs connected with the conciliation process.
It has exclusive jurisdiction to hear cases which, due to their nature, are specifically assigned to it by law.
A succession may not be waived or renounced until after the testator's death.
With the exception of the costs listed under the third, seventh, eighth and ninth points above, these costs are advanced by the federal authorities.
In some cases, the services of a bailiff must be used if the proceedings have to be brought by means of a summons that is issued to the opposing party by the party bringing the action.
If the parents are divorced, and the child's place of residence has been established with one of the parents, moving with the child to live permanently in a foreign state also requires the other parent's consent, because establishment of residence with one parent does not grant that parent more rights with respect to the child, unless the court has ruled otherwise.
The application shall be brought to the notice of the other party.
In civil matters, the courts of appeal hear the following cases: As courts of first instance, they hear applications relating to administrative and tax disputes, in accordance with the special legal provisions.
The person who receives the document signs the acknowledgement of receipt, and the agent checks his/her identity and signature, and draws up a report.
The keywords section includes the keywords and the date of the judgement; the brief summary describes the key content of the judgement, and the references to legislation contain information on relevant national and EU legislation.
Please also see the information provided under the heading ‘What powers do the debtor and the insolvency practitioner have, respectively?’
The ordinary courts are competent for enforcement.
Dutch (un)limited companies also have to file their annual account with the business register.
This applies to approximately 900 000 companies.
The majority have only to file a balance sheet, while large companies (approx.
This decision may be reviewed at successive stages of appeal.
The meeting may elect a three-member creditors’ committee (epitropí pistotón), which may, in turn, appoint a common representative for all members.
If the act was performed more than five years before the reference date, it can be reversed only if it related to one of the debtor’s family members.
Rules on jurisdiction in matters of divorce, legal separation and annulment of marriage when one of the spouses is habitually resident in another Member State, or is a citizen of another Member State, are laid down in Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000.
Related links Ministry of Justice site Legifrance site
Courts whose case-law is covered Supreme Court Ordinary courts Specialised courts Monitoring of ongoing proceedings Supreme Court Other courts Is information provided on: The existence of an action?
It may be restoratory, acquisitionary or resolutory.
When the decision bringing the bankruptcy proceedings to an end becomes final, the insolvency proceedings are closed.
Cassation appellate review in civil and criminal cases The Supreme Court of Cassation acts as third and last instance in all civil and criminal cases.
Proceedings in Finnish courts are conducted in Finnish or Swedish.
The regional administrative courts are usually courts of first instance.
Access to the official electronic publication Ametlikud Teadaanded (Official Announcements) is free of charge.
Article 25 1 (g) Appeal procedure and courts competent for an appeal The decisions of the justices of the peace can be challenged before the ordinary courts.
The Commission disclaims all liability with regard to any damages suffered due to data corruption, data loss or any other type of adverse effect caused by intentional or unintentional system operation.
As part of his or her tasks, the Controller-General examines not only the conditions of imprisonment, detention or hospitalisation, but also the working conditions of staff and other persons involved, insofar as these necessarily affect the functioning of the establishment and the nature of relations with persons deprived of their liberty.
According to EU law, the EU country in which the crime was committed is the one that is responsible for paying the compensation.
Legal professions: Introduction The main legal professions in Bulgaria are: public prosecutor, investigator, judge, attorney-at-law, notary, private bailiff, State bailiff and registration judge.
The court also uses electronic means or direct database queries to confirm that: - the information provided by the person to be examined via a closed-circuit telecommunications network in order to verify his/her identity and address matches the records; - the official document suitable for identification and the residence document presented by the person to be examined via a closed-circuit telecommunications network match the records and are valid.
If these works are in the public domain or they are not copyrighted, you can also share them publicly.
Except in cases where circumstances justify the judge changing the order of legal events, at the final hearing the taking of evidence starts with the parties making their statements.
In addition to this, a principle of jurisdiction has been established with regard to rules emanating from the Autonomous Communities by means of their own Parliaments.
In the case of direct taking of evidence in accordance with Article 17 of the Regulation, the taking of evidence by the hearing can be performed in a foreign language as it is performed directly by the court which requested the hearing, although adequate translation must be ensured into a language understood by the parties or other participants in the proceedings.
The creditor are also entitled to receive information from the administrator, and to attend the taking of the oath, for example.
See the reply to question 17.
As regards international instruments, the Council of Ministers concludes international treaties when authorised to do so by law.
An ordinary electronic signature may be used only in e‑procedures.
With this purpose in mind, it provides the government with opinions, studies, position papers and recommendations, which it draws up entirely independently, on all issues of general import concerning human rights in the Grand Duchy of Luxembourg.
Each witness is heard individually and not in the presence of other witnesses who are to testify later (first paragraph of Article 238 of the ZPP).
In this case, other provisions of foreign law which are deemed more appropriate or, in the alternative, the rules of Portuguese domestic law apply.
3 - Evidence may also be given at the preliminary hearing, in which case the provisions of the previous paragraph shall apply with the necessary adjustments.
Given that one of the primary aims of the Regulation is to ensure that a maintenance creditor can easily obtain in a Member State a decision which will be automatically enforceable in another Member State without further formalities, the Maintenance Regulation includes measures relating to jurisdiction, conflict of laws, recognition and enforceability, enforcement, and legal aid, and is designed to bring about co-operation between central authorities.
By virtue of their tasks and responsibilities, notaries play an important role in the State legislature in the 22 Member States where the legal order is based on Latin civil law.
Our The Hague Council not only accepts requests done by E-mail (which often happen to be incomplete).
The handbook is available in English, French and Spanish.
Special courts There are special courts in Finland, the duties of which are provided for in separate statutes.
See the provisions laid down in point 8.2.
It is not a matter of automatic promotion, and some junior counsel will choose never to apply.
Judicial time limits include time limits for regularising a judicial or procedural incapacity or for making good formal defects in an appeal or complaint.
Mediation is admissible in every area of law, except where it is excluded by legislation.
If a party’s application concerning evidence is approved by court decision, this is then implemented and evidence actually taken.
1.8 Effect of lack of statement of opposition If the debtor does not lodge an objection within 15 days of service, the creditor may ask the court to issue an enforceable order.
In such cases, post may be collected from the place indicated on the delivery notification or the place agreed between [the postal service] and the addressee within 15 days, not including the date of remittance’.
Procedure for submitting a complaint Citizens may deliver complaints: in writing (on a form and with document sent by post, fax or e-mail); in person.
1.2 Competent court A decision about an order for payment or electronic order for payment is made by the district court (okresní soud) having territorial jurisdiction.
An heir who has accepted the succession by taking charge of the estate or by lodging an application with a notary is liable for the debts of the testator with the entirety of his or her property.
How to search for a court translator in Austria From the dedicated webpage translators or interpreters can be found using the following search criteria: language, and court district.
The following must be attached to the application: a true copy of the application, to be sent to the defendant; a document showing that the State fee and other court expenses have been paid in accordance with the procedure and in the amount laid down by law; a document or documents attesting to the circumstances on which the claim is based (such as a certificate of marriage registration).
The court also considers the abilities, opportunities and financial situation of the debtor in cases where, for no material reason, the debtor quits decent employment or a good job, or relinquishes a steady source of income; it also takes into account any unreasonable financial risks taken by the debtor.
If there is a survivorship clause, the title of the property automatically passes to the surviving owner and an extract of the death certificate should be placed with the title deeds.
The first step is the seizure and transfer of the salary of the debtor.
The final subparagraph of paragraph 3 of the same Article states that ‘any interested party may, through a lawyer acting on their behalf, submit a written request asking that the case be referred to the judge-mediator’.
Is an interpreter provided, in case I have to be personally present?
If so, where can the repository and/or technical information be found?
Before bankruptcy is declared, the court may prohibit a debtor from disposing of assets or a share of the assets without the consent of the interim trustee.
In Finland, these courts are known as district courts (käräjäoikeus).
Cases in which payment of this fee is mandatory (chargeable event) Under Article 1 of Law 10/2012, the fee for the exercise of judicial power in civil, administrative (contencioso-administrativo) and employment cases is a national fee that is uniformly chargeable throughout Spain in the circumstances provided for by that Law, without prejudice to the fees and other taxes charged by the Autonomous Communities in the exercise of their respective financial powers.
Some County Courts also act as High Court District Registries, where High Court cases can be issued.
In addition some have specialist jurisdiction to allow them to hear less complex matters that otherwise would be in the High Court.
The power of review is vested in the Courts.
Hierarchy of norms At national level, the Constitution is the supreme law of the land, followed by Acts of Parliament, followed by subsidiary legislation.
In cases where Brussels II bis does not apply, a foreign divorce will be recognised if granted in a country where either spouse was domiciled at the date of the institution of the divorce proceedings.
The debtor residing abroad can address his request directly, in person or through a lawyer to the Romanian court having jurisdiction for the place of residence of the defendant or the debtor.
A cookie is a small text file that a website saves on your computer or mobile device when you visit the site.
In spite of the above, parents are not released from the maintenance obligation in respect of their own minor children.
If the witness subsequently provides an explanation of their absence, the court rescinds its decision on the fine, and it may relieve the witness from settlement of costs in full or in part.
If the victim has no claims, a support person may be appointed.
Failure to comply with specific requirements may result in rejection of the application or discontinuance of enforcement proceedings 5 Is there a possibility of appeal against the decision granting such a measure?
Yes How to search for a mediator in Romania You can search for a mediator using the following criteria: First letter of the mediator's name and, The county of establishment of their main office.
The deadline for the submission of a defence plea and preparatory pleas is eight days.
The summons must include: the name of the claimant, what the claim is, the name of the defendant, the grounds for the claim and the substantiating documents submitted by the claimant in support of the claim.
A commercial daily data download is also available.
The person who is to be examined should be summoned also in accordance with the provisions of the Romanian New Code of Civil Procedure.
Legal translation requires knowledge of specialist terminology and knowledge of the linguistic conventions that are used in related documents.
There are specific forms for small claims (maza apmēra prasības, Chapter 30.3 of the Law on Civil Procedure); enforcement of obligations on court notice (saistību piespiedu izpildīšana brīdinājuma kārtībā, Chapter 50.1 of the Law); and applications for provisional protection against violence (pagaidu aizsardzība pret vardarbību, Chapter 30.5 of the Law).
Barristers also spend a lot of their time advising clients and researching cases, as well as researching their field of expertise.
The application form is available on the Legal Aid Application Form page; it is also available at Public Legal Aid Offices, courts of law and from law firms.
The commercial courts have jurisdiction to recognise and enforce foreign sentences and other legal and arbitration rulings, where these relate to matters within their area of jurisdiction, unless they should be heard by another court in accordance with international treaties and other rules.
Article 33 Appeals under Article 33 are to be lodged with the following courts in the Czech Republic: - district courts (okresní soudy)).
The Superior Council of Magistracy is the central body responsible within the judicial system for regulating the profession of prosecutor.
HMCTS is an agency of the Ministry of Justice, the government department with responsibility for the justice system in England and Wales.
Petitions for divorce, marriage annulment or declarations that a marriage is void are lodged with a district court (okresný súd).
Legal consequences of attachment of shares, securities and other assets There are no specific legal consequences.
Search is available in Slovak and in English.
Although appointed by the Taoiseach, the Attorney General is independent of the Government.
The inheritance passes to the legal heirs, namely the surviving spouse and relatives of the deceased in the following order: descendants – first order of heirs ascendants and privileged collateral relatives – second order of heirs ordinary ascendants – third order of heirs ordinary collateral relatives – fourth order of heirs Descendants and ascendants are entitled to the inheritance regardless of their degree of relationship to the deceased, while collateral relatives are entitled thereto up to the fourth degree.
Could I do this instead of claiming compensation in the country where the crime took place?
The Federal Chancellor then forwards the bill to the Bundestag with the Bundesrat’s comments.
The parties may also seek mediation during the course of proceedings.
To help victims of violent, intentional crime have access to compensation in cross border cases, the directive sets up a system of cooperation between national authorities: Persons who fall victim to crime while being abroad (in an EU Member State in which they do not live) can submit the application to the assisting authority in the State which they live (Please select "Assisting authorities" in the search tool below).
Their amount depends on the nature and amount involved in the dispute.
If a solidary debtor pays the share of the debt that the creditor has also lodged against the debtor, that share will be deducted from the claim.
C. The grandparents as well as the children and grandchildren from among the descendants of the deceased are called under the third class of intestate succession.
In principle, a period of at least 1 week also applies when summoning interested parties to appear in application proceedings, unless the court specifies otherwise (Articles 114-119 and 276 (summoning parties and third parties) and Articles 170 and 284 (summoning witnesses) of the Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering)).
Where the server does not serve the document with due diligence, resulting in a significant delay to proceedings, that person may be fined by the court.
A court allows enforcement on the basis of an enforceable title.
As a general rule, this liability falls to the losing party, unless the court, through a reasoned decision, makes the other party liable for part or all of this fee.
There are exceptions to this rule if the seller accepted the order in the buyer’s country of habitual residence, and for purchases on an exchange or at an auction.
No 2 For the additional amount up to the amount equivalent to three times the minimum wage, 50 %.
The petition for a videoconference may be also initiated by the court, in which case the consent of the parties is required.
Where enforcement of a judgment or distraint has not been ordered, the court which would have jurisdiction for enforcing the decision (see point 1 above) or would be the court of enforcement (see point 2 above) has jurisdiction in the proceedings.
This procedure is not limited to contractual or pecuniary claims, although the system is even more straightforward for such cases.
The procedure is governed by Order 70 of the Rules of the Superior Courts.
It is available in English, German, French, Spanish Italian and Greek.
The documents may also be requested and issued by post.
Applications for registration or re-registration on the national list are submitted to the Principal State Counsel at the Court of Cassation, who consults the first president and the Principal State Counsel at the court of appeal where the applicant is registered.
Complaints against individual administrative decisions can be submitted to the administrative courts and the Supreme Administrative Court (‘Върховен административен съд’).
Electronic service is permitted in all proceedings.
In the Netherlands, the legal principle is that the parties must be represented by a lawyer in civil and commercial matters.
How to search the Belgian land register In general, information about immovable property and/or the holders of the rights in rem in immovable property can be found either by identifying the property (address and/or land register identification number) or by identifying the holder of the rights in rem (name and/or identity number).
In principle, fee agreements are always possible as an alternative to the statutory charges.
In practice, creditors can use these measures to protect themselves against the risk that they will not receive payment from their debtors.
In the statement of grounds the court outlines the parties’ claim, the facts they presented and evidence on which these claims are based, which of these facts it established, why and how it established those facts, and if it established them by hearing evidence, which evidence was put forward and why and how it was assessed.
Courts of appeal and labour courts A court of appeal consists of several divisions: Civil divisions (chambres civiles/burgerlijke kamers) consider appeals against judgments delivered at first instance by the civil divisions of the courts of first instance and by the commercial courts.
1.5 Rules concerning the taking of evidence The Bulgarian Civil Procedure Code does not provide for a special small claims procedure.
The Law Society exists to help, protect and promote solicitors across England and Wales.
The court can impose a fine on the guilty parties – up to 360 euro in the case of a natural person, or up to 750 euro in the case of an official.
As a consequence of the opening of the bankruptcy proceedings the debtor is due a stay of payment for the performance of monetary claims up to 0 hours on the second working day following the 120th day (with a few exceptions) and the moratorium may even be extended for up to 365 days.
The procedure for issuing an order for payment is regulated by the Articles 431 to 441 of the Civil Procedure Act (Zakon o pravdnem postopku, ZPP).
Black ink is used to indicate that service has taken place, indicating also to whom the document was delivered.
3 Under the law of this Member State, do special procedures exist to ensure compliance with the above-mentioned special rules?
The termination of a marital union has meaning in the realm of marital law since, in accordance with Article 51 ObZ 2015, one of the legal foundations of marriage termination is that one year has passed since the termination of the marital union.
In criminal matters and cases involving minors the parties do not pay the costs of mediation – these are covered from Treasury resources.
Launch of the registration procedure The procedure for making an entry in the register is launched by a written application for data to be entered, or for the data of an entry to be amended, which is delivered on paper or electronically to the court of registration.
If the movable property seized is impounded, it will also be removed from the debtor’s possession.
In that case however, this only concerns the right of the interested party and is not an obligation; this type of court decision is not required for a normal entry in the register.
Where according to the law of an EU country a document has to be processed within a particular period, the date to be taken into account with respect to the applicant is that determined by the law of that country.
The law lays down specific rules for the sale of production units throughout the phases of the insolvency proceedings (led by the principle of safeguarding the company), so that with a single sales contract all of the assets are transferred and with special rules for the transfer of the liabilities of the activity in question.
This may also be the case for decisions issued before 28 June 2013.
The law governing obligations arising from the use of property without negotiorum gestio as well other non-contractual obligations which do not result from tort liability is the law of the place where the facts have occurred that have created the obligation.
The reform of the legal proceedings of courts of appeal has increased the number of oral hearings.
Participation of creditors in bankruptcy proceedings A creditor represents their claim in the bankruptcy proceedings.
The Criminal Procedure Act (Articles 92-99) and the special regulation issued by the Minister for Justice and Public Administration contain more detailed rules on the reimbursement of costs.
As soon as a petition is filed for divorce due to irretrievable breakdown, the president of the court of first instance has jurisdiction (Article 1280 of the Judicial Code) until the marriage is dissolved.
The aim of the investigation is to establish whether or not the suspicion against you is justified.
The extent of secondary legal aid, taking account of a person’s property and income, shall be guaranteed and covered by the state as follows: 100 per cent – where the first level is established based on the person’s property and income 50 per cent – where the second level is established based on the person’s property and income.
The Ministry of Justice, Transparency and Human Rights is responsible for the conditions of service for the profession.
Furthermore, only the following entities have access to the Web Casa Pronta: Banks Land registry Entities receiving legal rights of preference.
The conflict‑of‑law rules in the Regulation apply irrespective of whether the international connection is with a Member State or any other state.
It contains information on translators and interpreters authorised by the Romanian Ministry of Justice.
Preparation to become a judge involves three years’ service as a trainee judge in the courts.
Inaction on the part of public administration bodies and the late issue of acts are also treated as administrative acts.
A legislative amendment to that effect is included in the Bill to implement the Directive on the recognition of professional qualifications and to amend other provisions on the legal professions (ref.
Bundestagsdrucksache 18/9521, pp.
9 and 107 et seq.).
It shall also include the personal identification number or, where appropriate, the registration code or the tax identification number, the entry number in the trade register or register of legal persons, and the bank account of the claimant and the defendant, if the parties have or have been assigned these identification elements in accordance with the law, to the extent that these are known to the claimant.
The Commission has compiled a publicly accessible database of EU countries’ laws incorporating the directive as well as their jurisprudence, administrative decisions, references to related legal literature and other relevant materials.
If both spouses live outside the Netherlands, the petition must be filed with the District Court of The Hague.
Should this not be possible, they are served by post as registered mail with declared content and acknowledgement of receipt, in a sealed envelope, to which the proof of receipt/report and a notice are to be attached.
Restructuring of enterprises and the adjustment of the debts of private individuals are rehabilitation procedures to restore financial soundness and allow debtors to overcome their financial difficulties.
Article 1019 states that the registration fees classed as legal costs consist of: a general fixed fee, specific fixed fees, and fees due on judgments leading to conviction, liquidation or collocation of monies or securities.
General information Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure allows creditors to recover their uncontested civil and commercial claims according to a uniform procedure that operates on the basis of standard forms.
‘Secure means’ will be considered to be: 1. the German e-government service ‘De‑Mail’ with authentication of sender (absenderbestätigt); 2. the special electronic mailbox for lawyers (‘beA’); 3. the special electronic mailbox for public authorities (‘beBPo’).
On 26 July 2012, the Mediation Act (Mediationsgesetz), Article 1 of the Act to promote mediation and other procedures for out-of-court dispute settlement of 21 July 2012, published: Bundesgesetzblatt I¸ p. 1577, entered into force in Germany.
In order to submit a notification/complaint, please access the link INFO Complaints, where you can consult the procedure for submitting complaints and the contact details of the Regional and County Commissariats for Consumer Protection.
The military courts are an exception to the principle of the unity of the judicial power.
The following may act as trustees in bankruptcy: physical persons who have been granted the authority to act as trustees in bankruptcy by the Chamber, attorneys-at-law, statutory auditors and bailiffs.
The applicable principle is that all creditors are treated equally.
The ruling of the court of appeal can usually be challenged on a point of law in the Supreme Court (Hoge Raad der Nederlanden).
Articles 21 and 29 The applications provided for by Articles 21 and 29 shall be submitted to the following courts: - in Ireland, the High Court.
A person who is a statutory heir must submit copies of appropriate civil status documents to demonstrate his or her relationship to the deceased (e.g. birth certificate, marriage certificate).
The registration may be constitutive of a right with respect to certain categories of securities (Article 73 of the aforementioned Securities Code).
Succession by death is subject to the requirements set forth in Article 37 of the legal framework on arms and ammunition referred to above.
In March 2004, following two orders of the Minister for Justice, the Network was reorganised into two specialised networks: the Romanian Judicial Network in criminal matters (Reţeaua Judiciară Română în materie penală) - corresponding to the European Judicial Network, and the Romanian Judicial Network in civil and commercial matters (Reţeaua Judiciară Română în materie civilă şi comercială) - corresponding to the European Judicial Network in civil and commercial matters.
In the event that the will has been already drafted by the testator, it is read out by the civil law notary, and after reading, the testator declares that it represents his last will.
If you need assistance, always check with a lawyer or other expert to establish what applies in your particular situation.
To obtain more detailed information please click here (you will be redirected to the dedicated page of the European Judicial Network in Civil and Commercial matters.
The witness takes the oath while keeping his/her hand on the cross or the Bible.
If parental authority is exercised exclusively by one of the parents, with an exception for certain decisions, such as designating the place of residence of the child, the consent of the other parent is required.
Executive powers are exercised by the President, the Vice-President and the Ministerial Council, judicial powers are exercised by the courts of the Republic and legislative powers are exercised by the House of Representatives, which is the supreme legislative body of the Republic.
County court bailiffs are civil servants employed by Her Majesty’s Courts and Tribunals Service to deal with enforcement of judgments and/or orders made and registered in the county courts.
Contestations of claims by an individual debtor are also entered in the table.
The district court also examines commercial disputes where the cost of the action exceeds 25 000 BGN, bankruptcy proceedings, as well as proceedings on complaints against enforcement agents' actions.
If the deceased was an incapacitated legal adult, the legal document declaring the lack of capacity or, where applicable, the certificate substantiating the degree of the lack of capacity.
Everything acquired during marriage by the spouses together, or by either of them using the resources of both, is the joint property of both spouses.
The Lithuanian Council of Courts (Teisėjų taryba) is an executive body of judicial autonomy, composed of 23 members, which ensures the independence of the courts and judges.
Declarations of waiver or acceptance of the succession are submitted before the court having jurisdiction over the place of residence or stay of the person submitting a declaration, or before a notary.
This rule also applies to the protection of property of a foreign or stateless national that is situated in the Republic of Slovenia.
In general, parents have joint parental responsibility, which means that both parents exercise parental responsibility jointly and unanimously, considering the overall well-being of the child.
A written application must be signed by the applicant or their representative.
It also publishes a booklet entitled Explaining the Courts for public information.
Once the draft restructuring programme is drawn up, it is forwarded to the creditors for approval.
Furthermore, the debtor may contest, in a claims procedure, the claim for which a payment order has been issued if new facts or new written evidence of essential importance for the case are found that could not have been known to him/her during the period for filing the objection, or which he/she could not obtain within the same time limit.
Decisions of principle derive from the practice of the Curia’s judicial chambers and also promote uniformity in sentencing.
Course of the proceedings First, in its preliminary enquiries the court ascertains information about the deceased, his or her assets and debts, the group of heirs and whether the deceased left a will or other disposition of property upon death.
The parties must have the legal capacity to marry according to the rules of the jurisdiction in which they were domiciled.
The position of the Slovenian Constitutional Court (Ustavno sodišče) is that international treaties rank above statutory provisions in the hierarchy of legal acts.
A party may request exemption from the costs of mediation.
Aid for permanent incapacity is incompatible with that for temporary incapacity.
If the motion is granted, the court may immediately proceed to hear the case.
In which languages can I obtain information on cost legislation in Germany?
The court promptly forwards to the opposing party the petition for the determination of the procedural costs together with the list of procedural costs and the supporting documents.
With the authorisation of the Appeals Permission Board, decisions handed down by the high court in appeal cases may be appealed to the Supreme Court.
It is also a repository for secret wills.
These are primarily the natural persons (Bulgarian and foreign citizens) to whom the data relate and third parties (natural persons) for whom such data are of importance with regard to the occurrence, existence, amendment or termination of their lawful rights and interests; 2.
The application of foreign law is regulated by the Private International Law Act.
FINDING COMPETENT COURTS/AUTHORITIESThe search tool below will help you to identify court(s)/authority(ies) competent for a specific European legal instrument.
If a person who died as a result of the crime falls under one of the abovementioned reasons for refusal or limitation of aid, beneficiaries may access the aid on the basis of being indirect victims, if they are in financial distress.
Formats The case law of the Supreme Court and other general and specialised courts is available in HTML format.
Following the entry into force of Regulation (EU) No 1259/2010 on 21 June 2012, and in accordance with Articles 5 and 8 thereof, the spouses may choose the law applicable to their separation or divorce from among those specified in the Regulation.
The tables below show who performs the actions and whether representation by a lawyer is required, depending on the manner in which an action is brought.
Article 5(3)(3) of the Act of 7 September 2007 on assistance for persons entitled to maintenance (Journal of Laws 2009, No 1, item 7, as amended) provides that the competent authority may appeal for the suspension of the debtor’s driving licence.
History of the Romanian insolvency register The Insolvency Proceedings Bulletin was established in 2006 under Law no.
86/2006 on insolvency proceedings.
Claims may be lodged in writing, either in paper form or electronically.
This requires payment of a fee, the base and adjusted amount of which have been established by a joint decision of the Minister for Finance and the Minister for Justice, Transparency and Human Rights.
These include, in particular, the abstract or substantive judicial review of the constitutionality of laws, and procedures to verify whether constitutional institutions have acted outside their area of competence.
If the dependant is a child under the age of 18, the allowance will be paid to the parent who has custody and lives with the child.
Who can be an administrator The rules referred to above with respect to the choice of guardian, and prohibition from exercising this role, also apply to the administrator, unless otherwise specifically provided for by law.
Executor In the event of succession by will the testator may appoint one or more persons who are required to ensure that the will is carried out or to execute it fully or in part.
The child(ren) of the predeceased child (i.e. the grandchildren of the deceased) then divide their father’s or mother’s reserved portion between them.
Government decrees The government’s authority to enact decrees may be primary or based on legislative authority.
If the court finds it advisable to obtain the opinion of specialists in order to clarify the facts, at the parties’ request or of its own motion, it will appoint one or three experts, and make an order setting out the aspects in regard to which they are to give their opinion and the time‑limit for their work.
However, the core services provided by all registries are to register, examine and store land and property information, such as location and ownership, and to make this information available to the public and professional customers.
A decision allowing the reorganisation of a business can be taken only if it can be accepted that the debtor cannot pay debts that have fallen due or will soon be unable to pay them.
Both the debtor and the creditors that exceed a fifth of its liabilities may submit an arrangement proposal once the initial phase is over.
Exemption from court fees applies to the following: specific types of proceedings (care of minors, lack of activity or illegal interference by administrative bodies, mutual alimony duty between parents and children), or specific types of persons (the applicant in proceedings on compensation for injury caused by a work accident or occupational disease; in proceedings declaring termination of employment to be illegal, etc.).
The temporary guardian of the estate is authorised to sue or be sued, collect claims or pay debts on behalf of the heirs and represent the heirs.
Appointment and tenure Notaries are appointed to a vacancy by the Minister of Justice, acting on a recommendation by the Chamber, following a competitive examination.
If the person does not comply with his/her obligation even after instruction from the court, the court will order the enforcement of the decision through the imposition of a fine, and this may be done repeatedly.
Documents may be validated by notaries, the courts or administrative authorities.
As a victim applicant, from the time of your first contact with the authorities and officials you have the right to receive information about the procedure for obtaining legal advice and defence, and if applicable the conditions for obtaining them free of charge.
Article 97 of the Family Code expressly and exhaustively lists the persons empowered to bring an action for annulment and the time limits for doing so.
In what area is recourse to mediation admissible and/or the most common?
Subject-matter jurisdiction defines the scope of jurisdiction between individual types of court by determining which court will hear the case at the first instance.
Yes, it permitted to record court sessions.
A creditor whose claim is covered by a composition may also request such an assessment until the composition is implemented.
For such cases, the court of second instance is the Military Court of Appeal.
Mediators are neutral and will not take sides in any dispute.
Slovak law does not contain specific provisions governing these issues.
The rate of VAT is 15%.
Visit mygov.scot to find out more about your rights as a victim of crime at the different steps of the criminal justice process, including reporting a crime, investigation and prosecution, if a case goes to court and what happens after the verdict.
Property in Latvia is composed of the following four types: property consisting of land, property consisting of land and structures, property consisting of only a structure, apartments.
It offers an overview of key considerations in the implementation of participatory responses to crime based on a restorative justice approach.
Fixed costs can be predicted only in cases brought by private application, when the person introducing the application must pay a fixed initial fee.
The Republic of Cyprus has also adapted and harmonised its national laws with EU law by enacting numerous legislative acts and, at the same time, repealing or amending various provisions of national law, including the provisions of the Constitution, as described above.
Removing a child unlawfully may constitute a crime under Swedish law.
Only one such body has been established to date:The Anti-Money-Laundering Service (Noziedzīgi iegūtu līdzekļu legalizācijas novēršanas dienests).
It is intended to ensure a reasonable standard of living for the debtor and his or her dependants.
You have no legal entitlement to an interpreter.
However, in practice interpreters are often used when they are needed.
An entry in the Commercial Register is held as correct with regard to a third party, unless the third party knew or should have known that the entry was not correct.
In this case, under the relevant provisions of Act III of 1952, the document must be regarded as served on the fifth working day following the date of the second service attempt, unless proven otherwise (except if the document was served to a substitute recipient and the substitute recipient was the opposing party).
In what areas is recourse to mediation admissible/the most frequent?
An appeal from said decree may be filed by means of an application within six days from the date on which the decree is read out in open court.
There are 63 bar associations (δικηγορικοί σύλλογοι) in Greece – one at the seat of each court of first instance (πρωτοδικείο).
Institutional framework Institutions responsible for the adoption of legal rules and the decision-making process Primary legislation is made by the UK Parliament in London.
Both the Court, in judicial action, and the registrar, at the time of registration, may carry out such substitution/transposition.
Articles 21 and 29 The applications provided for by Articles 21 and 29 shall be submitted to the following courts: - in Slovenia, the okrožno sodišče.
If the judgment is given in writing, it is usually published on the same day.
A court will appoint a representative upon request from a participant regarding whom it can be anticipated that the court will completely or partially waive his/her court fees, if this is necessary for example to protect his/her interests.
The State Prosecutor General is appointed by the National Assembly.
Information on online judicial sales The Electronic Register for the Advertisement of Sales of Assets subject to Enforcement is a computer system through which all bailiffs advertise, at national level, sales of movable assets with a value in excess of RON 2,000 and immovable assets which are subject to an enforcement procedure.
That the marriage was contracted despite the existence of one of the impediments to marriage, namely: 1.
In this case, the judge or court orders the preparation of a separate file for the precautionary measure to be handled at the same time as the main case, in which evidence can be offered and produced to demonstrate that the conditions for obtaining interim protection have been met.
For the period prior to the commencement of proceedings, an adjustment contested by either party may only take the form of a reduction or cancellation of payments not yet made.
If the court considers that the case does not fall within their jurisdiction, it sends it to the appropriate court.
The second class comprises the deceased’s parents and siblings, while the third class comprises the deceased’s grandparents and their children, i.e. the deceased’s parent’s siblings.
Other conditions attached to the granting of legal aid for victims and for defendants There are no other conditions attached to the granting of legal aid neither for victims nor for defendants.
An appeal may be lodged to the first-instance court which, deciding on the appeal lodged in a timely fashion, may render a new decision altering the contested decision, provided that it does not violate the rights of other persons which are based on that decision.
If you want to take a more active part in the proceedings, you can ask to be registered as an injured party, or you can bring a claim as a civil party to the criminal proceedings.
Similarly, if the document that is to be served has been posted directly to the home, it shall be deemed not to have been served if the recipient does not return the signed proof of receipt to the court.
An order for payment may be sought for claims having any value.
After receiving the file, the case prosecutor examines the case and decides whether it is to proceed to the next phase, i.e. trial, or whether the file should be closed.
The assets of the estate are administered by the individuals who are required to execute the provisions of the will, until such time as those tasks have been completed in full.
If legal aid is not granted, the applicant is required to cover the costs of translation.
The European e-Justice Portal provides you with information concerning the application of the Regulation.
If an infringement of the complainant’s fundamental rights is established in the course of the examination, the Board must also assess how serious this infringement is in view of all the circumstances of the case.
Enquiries relating to a specific case are, however, dealt with by the contact centre in the state in which the case is pending.
The reorganisation of an enterprise means the application of a set of measures in order for an enterprise to overcome economic difficulties, restore its liquidity, improve its profitability and ensure its sustainable management.
The law lays down specific rules regarding the calculation of the percentages of financial liabilities and regarding syndicated loans.
The Legal Aid Council grants legal aid.
7 When a time limit is expressed in days, does the indicated number of days include calendar days or working days?
The enforcement of a judgment through a court is regulated in Sections 251-351a of Act No 99/1963, the Civil Procedure Code, as amended.
The above also applies in cases where, pursuant to general provisions, the counterclaim should be filed with a foreign court.
The final validation decision has the effects of an assignment of claim and accounts for an enforceable order against the third party subject to attachment up to the concurrence of the amounts for which validation was granted.
The ‘Bailii’ (British and Irish Legal Information Institute) database contains decisions from the Crown Court , High Court Chancery Division, High Court Family Decision, High Court Queen’s Bench, High Court Master’s Decisions, Court of Appeal since November 1998, the House of Lords since 1838, and the judgments of the Supreme Court since October 2009.
Therefore, the rules of the European Union laid down in treaties, regulations and directives are a major source of law in the Netherlands.
Where such cases arise in the Netherlands, a declaration of lack of insufficient means (verklaring van onvermogen) must be requested from the competent authority in the litigant’s habitual place of residence.
Accordingly, statutory interest owed as a result of default in the fulfilment of a financial obligation cannot in principle accrue interest.
To obtain this kind of protection, all the debtor generally has to do is provide the bank with evidence.
When addressed, the Constitutional Council reviews the constitutionality of legislation before it is enacted, that is, it checks to see if it conforms to the Constitution.
Accordingly, in proceedings for small amounts, evidence may take the form of observations by the parties or by third parties, statements by witnesses, written evidence and expert opinions.
Restrictions on enforcement In general, the applicable restriction is that enforcement cannot be carried out to a greater extent than is necessary for the realisation of the claim stated in the enforcement authorisation.
In accordance with Council Regulation (EC) No 2201/2003, a judgment on divorce made in one Member State is recognised automatically in the other Member States of the European Union (except for Denmark) without any special procedure being required.
Under Portuguese law, whenever a party justifiably claims to have serious difficulty in obtaining information – particularly regarding a change of residence of the person to be served or notified – something which impacts on the effective exercise of a procedural right, duty or claim, the court may order any persons or entities to cooperate in order to obtain this information.
Much of their time is devoted to housing, employment, social security and immigration problems.
A superannuation pension totalling 75 % of the judge’s final salary is paid to anyone who has been employed as a judge for at least thirty years.
The mediator ensures that the outcome of mediation is not contrary to the best interests of the child, encourages parents to focus first and foremost on the child's needs and ensures that taking parental responsibility or the de facto separation or divorce does not have a detrimental effect on the child’s upbringing and development.
What is the situation regarding insolvency registers in Luxembourg?
An amendment to the Code of Civil Procedure regulating the use of information and electronic communications technologies in bailiffs’ activities came into force on 1 July 2013, but the possibility of initiating enforcement proceedings via the internet has not yet been implemented.
This type of advertising is only permitted when it is not misleading.
It can be a legitimate means of informing consumers of what is in their interests.
Even without such an agreement between the parties, compound interest of four percent per annum can be charged from the day when litigation is pending (when the claim is served on the defendant), if a claim is made for interest due.
A new text of the Regulation is currently under preparation.
Searches can be carried out using the search engine by entering a company name and a registration number.
The application of this type of time limit depends on the will of the parties alone.
The court incorporates an enforceability clause on an ex officio basis into the enforceable title .
C. The heir under benefit of inventory must proceed to take an inventory of the assets of the estate within four months.
Regional courts Regional courts act as courts of second instance in civil and criminal cases heard by district courts at first instance.
The forms and the supporting documents must be translated into Croatian, otherwise the application will be rejected.
Information on central authority/the central contact point for international family mediation.
Any complaint that a certified notary has acted incorrectly in the performance of his or her duties, or has refused to perform his or her duties, must be submitted to the regional court to whose supervision the notary is subject within one month from the day when the notary performed the action complained of or refused to perform the action demanded.
Depending whether the fact is classified as being a civil or a commercial matter, the law of evidence is either regulated or unregulated.
If the testator does not specify the powers of the executor, the latter is responsible for the following: dealing with the funeral and related arrangements and paying the respective expenses; monitoring the performance of dispositions upon death and maintaining their validity before the courts, where necessary; performing the duties of head of household.
Administration of courts The courts are administered by the Danish Court Administration, which was established as a new independent institution on 1st July 1999.
Formerly known as the Legal Complaints Service, this independent and impartial body will work to resolve any issues quickly and efficiently.
Specified protective measures are those expressly provided for in the Civil Procedure Code or in separate legislation.
The reason for such designation may only be an obstacle preventing the case from being heard, e.g. the exclusion of a judge or force majeure.
The measures come to an end six months from the date of compliance with any enforcement action (Article 696 et seq.
of the Code of Civil Procedure) if the creditor has let this period elapse without having undertaken any other recovery actions.
The law applicable to adoption is governed by a special regulation, Law 54/2007 on international adoption.
Regional courts A regional court (tribunal de grande instance) hears disputes between private parties (civil cases) where the value in dispute is over €10 000.
If one of the separated spouses dies after the separation order has been issued, the survivor retains all the statutory rights of a surviving spouse, unless the surviving spouse has been declared by the court to be at fault for the separation.
6 Short description of the procedure to settle a succession under national law, including the winding-up of the estate and sharing out of the assets (this includes information whether the succession procedure is initiated by a court or other competent authority on its own motion) Opening of the will: A testamentary disposition submitted to the probate court or taken from safe custody is officially opened by the probate court following the death of the testator.
Courts conduct enforcement proceedings on the basis of enforcement title documents, which, under the OZ, are as follows: 1.
This period may not exceed five years from the opening of the succession, except in cases where there are minors among the successors.
As stated under 2.4, written proof is necessary to draw up a legal document of a value exceeding EUR 1 500.
Article 20 – Agreements or arrangements to which Member States are parties and which comply with the conditions in Article 20(2) Lithuania has not concluded any agreements or arrangements with other Member States to expedite further or simplify the transmission of documents, as referred to in Article 20(2).
In recovery proceedings, the Court has the discretion to issue a temporary decree in order to provide respite for the recovery of the affairs of the bankrupt/partnership.
The remaining RONs are used to create ECLIs which are listed in the database as relating to similar decisions.
More information on enforceability in the Member States can be obtained on the page Mediation in Member States.
How to search This link will take you to the Public Search function: There are four different search options, separated by tabs: search by number (if you know the enterprise registration number or the number of the establishment) search by name search by address search by activity The internet site is available in four languages: English, Dutch, French and German.
Country: Poland Instrument: Recognising and enforcing judgements in civil and commercial matters - European enforcement order 1.
Other legal professions Court bailiffs The court bailiff (huissier de justice) is a public legal official appointed by order (arrêté) of the Minister of Justice.
Bailiffs nevertheless operate as Practitioners of an independent self‑employed profession.
It is at the discretion of the Court whether or not to grant the order.
Related annexes The Slovak report on the Study on Transparency of Costs(872 Kb)
For preliminary rulings, and for the purposes of the insolvency process only, the judge’s competence also extends to administrative or social matters related directly to the insolvency proceedings.
In an examination on the substance of a complaint, the Board aims to establish whether the police measures described in the complaint were conducted according to the rules, were necessary, justified and proportionate and whether they infringed any fundamental right of the complainant.
The Chamber of Notaries is the umbrella organisation for notaries.
There is no legal definition of ‘serious and irretrievable breakdown of the marriage’.
Restructuring Despite an interdiction of debt collection, a creditor shall have the right to set a claim off against a debt owed to the debtor at the commencement of the proceedings under the same conditions as in bankruptcy proceedings.
The distinction between heir and legatee is explained below in answer to the question “How and when does one become an heir or legatee?”
The EJN gains particular significance in the context of the application of the principle of direct contacts between competent judicial authorities.
The agreement negotiated by the parties as a result of mediation may be included in the court settlement.
1.1.1 What types of claims are eligible (e.g. only pecuniary claims, only contractual claims etc.)?
What are the objectives of Eurojust?
The certificate is issued for the heir by law, his or her legal representative or third parties, provided the latter need it to exercise legitimate powers or are explicitly authorised by a notarised power of attorney.
If he or she returns later than this, service by deposit of the document is not deemed effective until the day immediately following the addressee's return; the periods triggered by the service of the documents, particularly appeal periods, must always be granted to the recipient in full.
Are there other conditions for obtaining legal aid as a victim of crime?
International jurisdiction within the European Union As far as international jurisdiction of the Dutch court is concerned, in the context of the European Union the so-called ‘Brussels I’ Regulation (EEX) is applicable.
This Regulation contains rules on the jurisdiction of the courts with regard to maintenance claims.
The petition must be made in writing, it must show clearly which court it is intended for and who is filing it, as well as clearly stating the parties (the whole name, surname, birth number or date of birth, address of permanent residence or postal address) and the marriage to which it refers (when the marriage was entered into and the circumstances, development and causes of its breakdown).
Legal counsels are authorised to deal with and decide on order for payment procedures in accordance with the procedures laid down in procedural legislation.
For example, where a child is born during a marriage, the mother’s husband is presumed to be the father, but an action may be brought to contest paternity.
In cases involving minors, the judge generally hears the minor in camera or a Children’s Advocate is appointed to hear the minor.
An expert who is not a forensic expert or an officially certified expert is cautioned, before he or she submits the expert opinion, against knowingly providing an incorrect expert opinion, and the expert confirms this by signing the court minutes or the text of the caution.
Civil registry offices are competent to ratify the agreement with respect to parental responsibilities only when it is annexed to an agreement on divorce or legal separation by mutual consent.
If the basis for enforcement is an enforceable title that imposes an obligation other than the payment of a sum of money, the enforcement method is governed by the nature of the obligation.
The division of the estate between heirs is carried out after issuing the heir certificate following liquidation.
The order for payment procedure is a special procedure, which is far more simple than the procedure provided for by generally applicable law and which allows the creditor to obtain an enforceable title under conditions which differ from those set out in the Code of Civil Procedure.
Acceptance pursuant to Article 13 and Section 174(3) of the Code of Civil Procedure can be expressed using the means described at point (b) above.
The claimant can claim an amount of up to CZK 1 million, and the conditions for issuing an electronic payment order include the correct completion of the form and payment of a court fee.
3.4 Establishment of parent-child relationship, including adoption 3.4.1 Establishment of parent-child relationship The legal relationship between a patent and a child, including parental responsibility, maintenance and communication, is regulated by the law of Cyprus, in particular the Law on the relationship between parents and children (Law 216/90).
Notwithstanding this, no person shall be compelled to give information or produce documents which such person could not be compelled to give or produce in civil or criminal proceedings before a court.
If the activities of the debtor’s enterprise continue, the assets may not be sold if this hinders the activities of the enterprise from continuing.
Evidence will be considered in accordance with the conviction that the judge has formed about the facts, taking these rules into account.
Administrative courts Three different branches of the court system are responsible for examining administrative decisions: the general administrative courts, the social courts and the financial courts.
For a long time the legislation applying to members of the administrative courts did not include any special rules different from those which apply to other types of civil servant.
The Council was set up in March 2009 and is a central, independent, expert body of the Ministry with a coordinating and consultative role.
Any party concerned (heir, legatee, trustee, executor of a will, creditors to the estate, buyer of the estate) may request the Judge of the district civil court responsible for the succession to issue a certificate of succession as part of the non-contentious proceedings (Article 819 of the Code of Civil Procedure).
Article 71 1.
(g) - Accepted languages for translations of documents For translations of the documents referred to in Articles 20, 28 and 40, only the German language is admissible.
General rules governing public registers are set out in Section 120 of Act No 89/2012, the Civil Code.
There is a presumption of breakdown, which the respondent may seek to rebut, in cases of bigamy, adultery, desertion of the applicant, attempt on the applicant’s life by the respondent, or domestic violence committed by the respondent against the applicant.
Registration of the owner who is transferring the property.2.
Preparatory inquiries may be ordered by the judge at the request of one of the parties, but the judge may also take the initiative.
The court shall implement management measures at its own initiative unless set forth otherwise in legislation.
Heirs can choose whether or not to exercise their right to demand an inventory of the estate.
The judiciary – the court system Broadly speaking, the Finnish judicial system consists of: independent courts of law; general courts, administrative courts and special courts the prosecuting authorities the enforcement authorities (which see to the enforcement of judgments) the prison service (which implements custodial sentences) public legal aid, lawyers and licensed legal counsels.
Once the majority of the members of the Bundesrat have voted in favour of a bill, it goes first to the Federal Government, which attaches its comments to it, usually within 6 weeks, and it is then forwarded to the Bundestag.
This includes family law, commercial law and criminal law.
Patent agents are subject to the statutory provisions of the Patent Agents Act (Patentanwaltsordnung, PAO) and they belong to the Chamber of Patent Agents (Patentanwaltskammer).
Other conditions attached to the granting of legal aid for victims of criminal offences Victims of certain serious crimes can apply to have a legal advisor assigned to them free of charge, regardless of their financial circumstances.
The re-opening of proceedings may be sought on the grounds that: the judgment was based on a forged or altered document or on a criminal conviction that was subsequently set aside; or the judgment was obtained through a crime.
Yes Yes Irrevocability of the decision?
The creditor may need to submit his or her claims within the framework of the composition negotiations (please see below).
The President of the Supreme Court is elected and dismissed by the Croatian Parliament on the basis of a proposal from the President of Croatia once the General Assembly (Opća sjednica) of the Supreme Court of the Republic of Croatia and the competent committee of the Croatian Parliament have given their opinion.
The president sits with four non‑professional assessors: two of them are landlords and two are tenants, and all four are elected by their peers for six years from lists of candidates drawn up by the prefect following nominations by a committee for the preparation of electoral lists.
Documents which are served by the court marshal are stamped either in black ink if service is in the affirmative or red ink if service is in the negative, and will bear the signature of the Court marshal who was in charge of carrying out the service.
The time limit ending on a legal holiday or when the service is suspended will be extended until the end of the first following working day.
If there is a risk of loss or deterioration of the assets in the estate in abeyance, the courts appoint a curator.
The Chairperson of the Council may request the media service provider to provide any evidence, documents and clarifications necessary to ascertain whether the provider acted in accordance with the law.
Normally the maintenance obligation ceases when the child is of full age and capacity.
No No Publication rules The courts themselves have developed two guidelines on the publication of case law.
The Supreme Administrative Court operates under the direction of a President (Presiding Judge), assisted by three Vice-Presidents.
The amount of the contract must be fair and justified, and may not be lower than that envisaged for the type of work undertaken (Ordinance of the Supreme Bar Council).
Immovable property is sold at a public auction if creditors, lien creditors and creditors of land debt do not agree by the time an order for sale is issued that: the immovable property is to be sold by collecting binding offers; or the immovable property is not sold under a direct contract within a certain period of time (Article 183 of ZIZ).
The restructuring programme shall also lapse, if the debtor is declared bankrupt before the conclusion of the programme.
The Council’s tasks relate to operational matters (in the broadest sense of the term), budgetary matters and the qualitative aspects of the administration of justice.
Brief description of contents Please refer to the Arbitral and the Supreme Social Insurance Councils website.
Approved judicial settlement has the same effect as a final judgement.
The Central Business Register can provide extracts, in accordance with Article 23 of the Commercial Code and Article 382 of the Business Register Regulation, but it cannot issue certificates other than those related to the names of companies that are registered.
The heirs are liable for all debts of the deceased, in proportion to the value of their respective portions of the inheritance.
The Atlas is put at the disposal of judicial authorities needing assistance from a judicial authority in another Member State.
The typical legal remedy against a decision of first instance is an appeal.
A maximum of 33 % may be deducted from the debtor’s social security pension benefits, early retirement benefits, length-of service benefits, the ballet annuity and the transitional mining allowance (jointly: ‘pension benefits’) (Section 67(1) of the Judicial Enforcement Act).
These projects are aimed at institutional strengthening of the Academy and the professional development of its target groups.
As a result, all traders had to re-register by 31 December 2011.
In such a case, a trial in court may ensue.
In general, as to which courts’ decisions bind which other courts, the general principle is that a court will be bound by earlier decisions made by a higher court.
4 Can a request be made on behalf of a relative (if yes, what grade), or a child?
The Ministry of Justice will send the translated request to the central authority responsible for maintenance matters in the other Member State.
The EU Charter of Fundamental Rights sets out a series of individual rights and freedoms.
What evidence do I need to present to support my claim?
The above rules require parties to check their electronic account at least once every 14 days.
In the case of service under Article 14 of the Regulation, the postal service provider in Hungary has no information that the mail received from abroad is an official document.
Together, these treaties set out the division of powers between the Union and the Member States, define the decision making process, the powers of the EU institutions and the scope of their activities within each policy area.
Special maintenance enforcement In any of the cases where there is a delay in the payment of maintenance, the maintenance creditor may bring special maintenance enforcement proceedings in accordance with the Code of Civil Procedure.
EIPA has centres in Maastricht (Netherlands), Luxembourg, Barcelona (Spain) and Warsaw (Poland).
Where foreign law refers back to Romanian law or the law of another state, Romanian law applies, unless otherwise expressly provided for.
Such an agreement may be signed as a notarial document or a private document, legalised as to content.
The beneficiaries may also apply for a court order appointing an estate distributor.
The register excerpt may only be issued if the person being sought can be identified precisely from the details provided by the requesting authority, i.e. it is not possible to send a "hit list" of possible matches.
The judge is not bound by the expert’s opinion.
Insolvency proceedings are generally notified in the insolvency register within two hours of submission of a petition (during the court’s working hours).
The Centre can be contacted direct.
Special Court for Mistrial Cases The Special Court for Mistrial Cases (Ειδικό Δικαστήριο Αγωγών Κακοδικίας) is provided for in Article 99 of the Constitution and Law 693/1977 and hears mistrial cases against judicial officials.
The delivery note contains all of the elements of a public document and therefore proves the veracity of the facts confirmed therein.
Patent agents are entitled to represent their clients before the German Patent and Trademark Office, the Federal Patent Court and, under specific circumstances, before the Federal Court of Justice.
Maintenance enforcement In order to enforce the provision of maintenance, three alternative means may be used: the hearing for infringement of parental responsibility, referred to above; the pre-enforcement hearing for the provision of maintenance, as mentioned below; or the special maintenance enforcement, mentioned below.
Formats The judgments in the case-law database of the National Courts Portal are available in HTML format.
In both civil and criminal proceedings, as a rule, hearings take place in the presence of a single judge, i.e. without the involvement of lay judges.
Documents should be attached to the application showing that any procedures regarding preliminary extrajudicial examination of the matter that are required by law have been complied with, and substantiating the facts on which the claim is based.
Each of them is entitled to recover their own property, including gifts to the other party.
If I am not satisfied with the decision, how can I challenge it?
Having clarified the witness’s relation to the parties, third persons and other circumstances relevant to the evaluation of testimonial evidence (the witness's education, occupation, etc.), the court will invite the witness to tell the court all they know concerning the case and to avoid any information if the witness is unable to specify its source.
Generally, however, the rules relating to time limits are strictly enforced, although the Supreme Court of the Netherlands (Hoge Raad der Nederlanden) has made an exception for cases in which the party appealing was not made aware of the judgment promptly due to an error or omission on the part of the court.
Aware of the need to improve cooperation between the EU and the national judges, the Directorate‑General for the environment launched a special programme in 2008 to develop training modules on various aspects of EU environmental law and to organise workshops and seminars for judges on the implementation of the law.
Warrants, requiring the release of certificates or evidence or the performance of any other act which registrars, notaries or judicial officials are competent to perform.
After checking the correctness of the documents exchanged and the admissibility of the applications submitted, including their amounts and other requests and objections from the parties, the court decides any pre-trial matters and the admission of evidence.
Act No 371/2004, on seats and districts of courts in the Slovak Republic (Zákon č.
A statement of opposition challenging an electronic order for payment may also be filed on an electronic form signed with a certified electronic signature.
In our example, the second part of the ordinal number will be 00710.
Bids are collected over a period of 10 business days.
However, legal aid is usually not granted if the applicant has legal expenses insurance that covers the expenses of the case in question.
Certain types of dispute involving rents, tenant-ownerships and leaseholds are dealt with by regional rent and leasehold tribunals.
1.6 Statement of opposition The defendant may lodge a statement of opposition to the European order for payment with the court of origin using standard form F, which is supplied to him together with the European order for payment.
Acts on the most important matters of state and on citizens’ and human rights (including the Constitution of the Czech Republic and the Charter of Fundamental Rights and Freedoms) are known as constitutional acts [ústavní zákony] and there is a special procedure for their adoption.
If no motions for the draft to be rejected are made by the committee responsible or by any political group during the negotiations, the first reading ends without a vote.
He or she may also participate in legal proceedings in support of a complainant, by submitting written or oral observations.
These expenses will be paid to the person affected only if they are not totally or partially covered by the public or private welfare system that applies to them.
Where the spouse inherits the property of the deceased, together with ascendants or siblings or their descendants, the spouse inherits half of the property provided that the succession takes place less than 10 years after the marriage.
The government responds to that recommendation by drawing up a further report.
Then, the government sends the legislative proposal – with any necessary amendments – to the Lower House by Royal Message.
If the bailiff can verify that the addressee does indeed live at the address indicated, he or she may also leave an attempted-delivery notice in the letterbox, requesting the addressee to collect the letter at the bailiff’s office.
1.7 Effect of statement of opposition Not applicable.
If the person concerned does not collect the letter by this deadline, the letter is returned to the sender.
1.3.3 Find a Notary "Find a Notary" is a service provided to the general public by the European Commission, the Council of Notariats of the European Union (CNUE), and other participating national chambers of notariats.
In order to establish the address of a private person, an official query can be made to obtain data entered in the Population Register.
If the father or mother of the deceased is not alive at the opening of the succession, the children, adopted children and grandchildren, etc. of the deceased parent take his or her place.
No 2 The books and instruments needed by the judgment debtor to exercise their profession, art or trade, where their value is not proportional to the amount of the debt claimed.
Other sources that are not written down, such as customs and general principles of law, are important as well.
Uncontested claims can be filed using an electronic application form (see ““Order for payment” procedure – Finland”).
Legal databases Name and URL of database National Courts Portal Supreme Court Is access to the database free of charge?
The parental rights and duties (provided for in Article 487-499 of the Civil Code and Law No 272/2004 (Legea nr.
The same procedure applies to the publication of documents submitted separately.
It is absolutely vital for the parties to proceedings and the judge to be aware of the plaintiff’s claims, the defendant’s arguments, the course of proceedings and the court ruling.
In principle, an action may be filed at any of the courts of first instance in Slovenia mentioned in the points above.
Qualifications and other requirements for judges To be appointed as a judge a person must: be a Czech citizen enjoy full legal capacity, have no criminal record, be at least 30 years of age, have obtained a master’s degree in law at a Czech university, have passed the special judicial examination, possess the moral qualities that guarantee they will exercise their function properly, and accept appointment as a judge and assignment to a specific court.
Only if it is obvious that your social situation has not deteriorated as a result of the crime, you may not be granted financial assistance.
Specific authorisation may be granted on request for the re-use and reproduction of documents with information that, under the conditions laid down, is not freely re-usable.
Compensation may be paid to victims of violent crimes and to dependants of such victims.
The court may require the petitioning creditor to pay the amount of money set by the court as a court deposit in order to cover the interim trustee’s remuneration and expenses if there is are grounds for believing that the bankruptcy estate is insufficient to cover them.
Since, under Croatian law, one becomes an heir ipso iure, the purpose of establishing who the heir is is not to acquire the inheritance right or to acquire the inheritance itself (both have happened at the time of the testator's death), but only to enable and facilitate the exercise of the rights and obligations acquired by inheritance.
Who has access to the data?
In spite of the above, possible payment of the legally regulated aid may be appropriate for a beneficiary of a private insurance if the amount of compensation received from the insurance is less than that set in the judgment, provided the difference to be paid does not exceed the set scale.
Where distraint (exekuce) has already been ordered, the court which orders the distraint has territorial jurisdiction (court of enforcement (exekuční soud)).
If the testator has descendants, surviving parents or a spouse, the testator may not make a disposition or gift of property adversely affecting their reserved share.
The surviving spouse is also included in the first class and receives one fourth of the estate (Article 1820 of the Civil Code).
Notaries conduct their business in individual notary offices.
However, as already stated in the reply regarding the conditions, at the date of the commencement of divorce proceedings the spouses must have lived apart for a period or periods totalling at least four years during the five years immediately preceding the request, or at least four years must have elapsed from the date of legal separation.
The debtor, when applying for an interim measure, is not required to lodge a security.
The limitation period of a maintenance allowance to be paid monthly is 5 years.
1 The burden of proof The Dutch law of procedure is based on the principle that ‘whoever asserts a fact must prove it’.
Judges Polish law distinguishes between professional judges and lay judges.
As a rule, before a regional court representation by a lawyer is compulsory except in matters of commercial leases, applications for interim measures, loss or withdrawal of parental authority and declarations of abandonment.
The insolvency practitioner shall be an adult, known to be honest, not bankrupt and with full legal competency.
Court of Appeal The Court of Appeal is divided into criminal and civil divisions and usually sits in London.
A party that is exempt from court costs will not have to pay experts’ costs.
Wills enacted before a notary must be registered by the authorising notary (there is no need for the testator to request this) in the General Register of Wills, which, as mentioned, is held by the Ministry of Justice, through the Directorate General for Registers and Notaries.
DEBT RESTRUCTURING In certain circumstances, a creditor may have a debt restructuring reassessed after the debtor has completed the payment plan.
A labour court also has jurisdiction to decide if an insurance company is a co-defendant in a damages dispute over which a labour court has been given jurisdiction.
Under Article 17(2), the requesting court must inform the person concerned that the hearing is voluntary.
Given its responsibility for enforcing the law, the Domestic Violence and Child Abuse Office works together with the investigators responsible for these cases, family consultants or Social Welfare Services officials, and other state or non-state officials with responsibilities in the area, and also with victims, who are contacted personally or by phone.
Source: Internet site of the Council of State of Belgium.
Further information may be found onthe Constitutional Court website.
The Scottish Government has also published a booklet – ‘Resolving Disputes without Going to Court’ – which gives you advice about mediation and other ADR.
The law contains explicit provisions on grandparents’ rights to maintain contact with the child.
If the testator has another sensory disability and is unable to read or write, the content of the will must be conveyed to him or her by a means of communication that is understood by the testator and all witnesses; d) the testator may also draw up a will in the form of a notarial deed.
See above for the contact details of the Ministry of Justice as a Central Authority.
Moreover, if contradictions in case law are found, the Ombudsman is empowered to bring the matter before the Supreme Court of Cassation or the Supreme Administrative Court for an interpretative ruling.
The debtor’s wealth consists of all assets and property rights, including those acquired during the insolvency proceedings, which can be made subject to enforced recovery (executare silită) under the Code of Civil Procedure (Article 5(5) of Law No 85/2014).
Court registrars must hold a law degree and pass a competitive examination followed by a course at the Centre for Legal Studies (Centro de Estudios Judiciales), entry to which is also by competitive examination.
Civil law / family law The civil sector also handles cases not specifically allocated to the sub-district judge.
The response is positive, meaning that, in certain exceptional cases, the law allows the judge either to extend the time limit (for example, by five days under Articles 469 and 490 of the Code of Civil Procedure – in appeal and second appeal matters, respectively), or to shorten it (for example, under Article 159 of the Code of Civil Procedure in connection with the time limit for the service of writ five days before the hearing date).
The following factsheets will take you through the different steps of the procedure, describing your rights during the investigation of the crimeduring the trial or after the first trial.
It is not necessary to have a pre-enforcement hearing before resorting to enforcement.
Documents and securities can be deposited with a notary.
Similarly, foreign nationals, who are habitually and lawfully resident in France, are entitled to benefit from legal aid in civil matters.
The Disciplinary Tribunal is made up of six judges from the divisions of the Supreme Court.
If the offender does not do what he has been ordered to do, you may apply with the court to have the decision enforced by a court enforcement officer.
The declaration of consent, in the act of celebration, constitutes the presumption not only that the spouses wish to marry, but that their consent is not vitiated by error or coercion.
2 What are the conditions under which such measures may be issued?
2.1 The procedure The measures are granted by the judge or court with jurisdiction over the subject or the territory.
This will be the judge or court hearing the case, or if proceedings have not been started, the judge or court whose duty it would be to hear the case.
Precautionary attachment must be carried out by an accredited bailiff.
A law suspended in accordance with the above procedure is referred for a vote to a national referendum, if this is requested by no less than a tenth of all voters during the signature collection procedure.
All case-law Only a selection If a selection is made what are the criteria applied?
Firstly, it is the parties to the estate; i.e. the surviving spouse or cohabiting partner, heirs and universal legatees.
A secured creditor is a creditor whose claim is secured by assets belonging to the estate in the form of a lien, right of retention, conveyancing restriction, fiduciary transfer of a right, assignment of a claim to the collateral, or similar right under foreign law.
In this case, the court-appointed enforcement officer must also be paid travelling expenses of between €3.25 and €16.25, depending on the distance to be covered in order to reach the addressee.
In practice, in most cases the amount of maintenance awarded by courts ranges from PLN 300 to PLN 1 000 a month per one child.
If a creditor’s claim has expired, they may still set off the claim if the right to the set-off arose before expiry of the claim.
A complaint regarding a person’s actions or failure to act may be submitted if the person (e.g. a processor of personal data or a holder of information) who has infringed your rights has failed to react to your attempt(s) to contact them.
NOTE: These pages are currently being phased out prior to the forthcoming migration into the European e-Justice Portal.
The Lithuanian register of legal persons is managed and maintained by the State enterprise Registrų centras (Register Centre).
The sale must be advertised to the public by means of posters and notices in the newspapers.
The courts of appeal also decide on requests for the extradition or transfer abroad of convicted persons.
Signing the adopted bill The adopted bill is signed by: the President of the Slovak Republic, the Speaker of the National Council of the Slovak Republic, the Prime Minister of the Slovak Republic.
D. Any restriction imposed by the will on the beneficiary of the portion, is considered not to have been written to the extent that it applies to the reserved portion of the estate (Article 1829 of the Civil Code).
Presided over by an adjudicator Criminal courts The Court of Criminal Appeal Second instance This court, with superior jurisdiction, hears appeals by persons convicted by the Criminal Court.
Example: The testator is survived by his wife (with whom he lived under the property regime of community of accrued gains) and by his parents.
The task of the mediators is to facilitate communication and help the couple address both the emotional and the material aspects of the separation (division of assets, maintenance payments, allocation of the marital home, etc.).
Their task also includes encouraging the couple to structure the agreements that best meet the needs of all family members.
Every qualified solicitor is subject to the disciplinary powers of the Law Society.
A shorter three-year limitation period is applied to claims for damages, including claims for damages resulting from the inadequate quality of products.
A time limit counted in days is calculated from the day following the day on which the period begins to run and expires at the end of the last day.
There are generally no restrictions on the making of wills, nor is the testator’s own right of disposal generally restricted if he or she has made a will.
The fee of the nominated judicial technical expert is established by the party and the expert, by common agreement on the basis of the contractual relations between them, and is paid by the party that has nominated that expert.
After a very difficult public examination, magistrates are assigned to courts in a certain area of competence, according to their personal choice.
If either or both of the parents are deceased, their share passes to the brothers and sisters.
To register immovable property that has been inherited, a public document (typically a notarial deed of acceptance of succession or a certificate of succession) is required.
Bankruptcy: The legislation provides that a set-off may be invoked where there are mutual credits or mutual debts or other mutual dealings between the bankrupt and any other person prior to the making of the bankruptcy order, unless at the time of giving credit the other person was aware of the act of bankruptcy committed by the bankrupt.
Parties may have the content of the agreement they have arrived at through mediation declared enforceable.
Before giving evidence, a witness must sign the predetermined text of the oath and is warned upon signed acknowledgement that giving false evidence is a criminal offence.
If the offender has not been identified or convicted, can I still qualify for compensation?
Notice of the sale is also given in Post- och Inrikes Tidningar, which is a web-based news page containing notices from many authorities and municipalities.
The civil courts in Ireland have jurisdiction to try cases involving disputes between individuals, organisations or the State.
The judge declares insolvency and leads the proceedings.
The parties are then summoned by the clerk to the court to appear at the hearing scheduled by the court.
Through any means of contact, with the Department of International Legal Cooperation (Subdirección General de Cooperación Jurídica Internacional), within the Ministry of Justice.
On the request of the debtor or a creditor, the court may order the payment schedule to lapse, if the debtor has neglected their obligations as specified by law.
DEBT RESTRUCTURING Please see under ‘What are the rules governing the lodging, verification and admission of claims?’
If the application fee is not paid, the court sends the applicant an order to fulfil the payment obligation.
At this second stage, both parties must be heard in accordance with the ordinary adversarial principle, and the ordinary rules of litigation apply.
Bankruptcy: When a bankruptcy order is made, creditors may submit proof of debts which had arisen up to the date of the bankruptcy or winding-up order and which relate to claims of a fixed amount.
Access to the full texts of other implementing regulations depends on the time needed to post an electronic version on the UL RS site.
Comprehensive reforms.- There were comprehensive reforms of the Mortgage Law in 1869, 1909 and 1944-46, in addition to several partial reforms.
The procedure commences ex officio when the court receives the death certificate.
The effects of adoption, the relations between the adopter and the adoptee and the dissolution of adoption are governed by the national law of the adopter, and if both spouses are the adopters, the law governing the general effects of marriage.
Hierarchy of courts The High Court of Cassation and Justice functions as the Supreme Court in Romania.
Based on the established facts, the ombudsman may issue opinions, recommendations and notifications to the relevant authorities or to the supreme bodies and, if necessary, notify the Croatian Parliament.
The material on this website is covered by the provisions of the Copyright Act, of the Laws of Malta, the policies and the regulations and every international agreement which mentions the Government of Malta.
In addition, lay persons are assigned to specific cases and work on a voluntary basis.
When evidence is to be taken in another place, it will be taken by a delegated court at the same level, or by a lower court if there is no court of the same level in that locality.
The Commissioner is here to listen to the views of victims and witnesses, understand the criminal justice system from their point of view and try to help improve the services and support available.
The court will also decide how the parent who was not awarded custody of the child is to contribute to the child’s maintenance or will approve the parents’ agreement on maintenance payments.
Complainants may object in advance to the Board referring the complaint procedure to the competent police agency, if for example they believe that they would suffer bias there or are afraid of the possible consequences.
Moreover, users had to go to all the databases to find out whether this Supreme Court case was available – summarised, translated or annotated.
It is not compulsory to appoint an administrator if the debtor has a workforce of fewer than 20 employees and if his turnover excluding taxes is below EUR 3 million.
The court appoints an estate administrator and ensures that a notice of the commencement of bankruptcy is published in Finland's Official Journal without delay.
Appeals against (other) judgements by the regional courts are decided by the higher regional courts.
The following products are available free of charge to everyone: Central Business Register records Information on the private address of a fully liable stockholder, when this address is not the same as the address of the business, is disclosed upon request.
If a document is held by a party and cannot be produced in the court, a judge may be delegated in whose presence the parties can examine the document where it is to be found.
MEDIATION On 1 November 2015, the new Family Act (Obiteljski zakon; Narodne novine (Official Gazette) No 103/15) entered into force in the Republic of Croatia.
Applicable Portuguese rules of civil procedure The application for enforceability must be submitted to the family and minors division of the central district court.
Should the applicant fail to provide advance payment within the specified time limit, the action shall be dismissed.
It applies to pecuniary debts that are certain, due and payable for a specified sum.
Such presumption can be contested (Article 821 of the Code of Civil Procedure and Article 1962 of the Civil Code).
Under Articles 131(1) and 127(2) of the GPK, the parties must indicate the evidence and the concrete circumstances substantiated by that evidence and present all written evidence available to them at the time of lodging the application and at the time of receipt of the respondent’s rejoinder.
2.2.2 Exceptions to the basic rule 2.2.2.1 When can I choose between the court in the place where the defendant lives (court determined by the application of the basic rule) and another court?
Each party will summon those witnesses that are deemed useful for its case.
Divisible property is divided in kind and indivisible property devolves to one of the successors taking into account the nature of the property and the needs of the successor, while the other successors are compensated for the value of the property by means of other property or in cash.
The Code provides for the appointment of an interpreter when a person who does not speak Italian is to be questioned.
At the parent’s request, the public guardian authority will arrange for an environment assessment to be obtained.
If he does not know this, he needs to know the date of birth of the debtor party; the court can then identify the payment office through the Main Association of Austrian Social Insurance Institutions.
By derogation, where a postal package cannot be delivered to any of the listed persons the package may be handed to an adult in the household, a person employed permanently in the household or business premises of the addressee or an authorised person at the business premises of the legal entity or natural person where the addressee is in permanent employment.
Legal entities, such as trading companies, are only permitted to appear in person (i.e. through the intermediary of the competent bodies) or can be represented by a lawyer.
The court will always take into account which of the parents has properly cared for the child so far and has properly heeded his/her emotional, intellectual and moral education, as well as which parent offers the child better opportunities for healthy and successful development.
Value Added Tax No VAT is applicable to court fees, nor to the stamp duty and neither to the lawyers’ fees included in the legal assistance contract.
3.2 the division of property of the spouses Divorce leads to dissolution of the matrimonial property regime and, where appropriate, the division of assets.
More information on mutual recognition of protection measures can be found on the dedicated page.
Public will: announced verbally by the testator to the notary in the presence of three witnesses or to two notaries in the presence of one witness.
If the debtor has no regular income or the amount to be deducted from his or her income does not cover the amount due, the court will order enforcement by issuing the document providing for enforcement.
The Enforcement Code also allows for the enforcement process to be deferred.
The High Court of Administration The High Court of Administration (Verwaltungsgerichtshof) is called upon to review the lawfulness of all acts of public administration, with the exception of regulations (Verordnungen), which can be examined and if necessary struck down only by the Constitutional Court.
If the disagreements recur or some other cause arises that seriously impedes the exercise of parental responsibility, the judge may assign decision-making powers totally or partially to one of the parents, or may distribute these functions between them.
Criminal law: The creditor can lodge a criminal complaint for the following offences: Abandonment of family is punishable by a custodial sentence of between one month and one year and a fine of between EUR 251 and 2 500, or only one of these penalties (Article 391 bis of the Criminal Code (Code pénal)).
Department for Social Inclusion of Persons with Disabilities of the Ministry of Labour, Welfare and Social Insurance The UN Convention on the Rights of Persons with Disabilities is a milestone in the history of disability, and requires states to adopt all appropriate legislative, administrative and other measures with a view to protecting the rights of persons with disabilities in all aspects of life.
A mediator cannot be a witness as regards facts that he became aware of in the course of mediation, unless the parties release him from the obligation to keep the secrecy of mediation (Article 2591 of the Code of Civil Procedure).
EU law Current situation The rules on gathering evidence in criminal matters in the EU are based on ‘mutual assistance’ agreements.
Service at the instigation of the parties occurs where stipulated by law, such as in the event of an arrest, temporary restraining order, or an order of attachment with transfer of garnished claim (Section 191 of the German Code of Civil Procedure).
If the flaw is remedied within the time limit, the application is considered regularised, and its substantive and procedural effects will apply from the date of the first notification (Section 182 of the Code of Civil Procedure) 1.5 Rules concerning the taking of evidence The rules on the taking of evidence are the same as for ordinary court proceedings (see the factsheet on ‘Taking of evidence’).
Citizens of EU Member States and foreign citizens who have been legally resident in Germany for at least three years will receive the same benefits as German citizens.
Choice of the public or private mediator, duration and cost of mediation As a general rule, family mediation has a maximum length of three months, based on the principle contained in Article 272(4) of the Code of Civil Procedure.
The request must give details of the payment made to the Register of Enterprises (a document certifying payment, a copy of such a document, or an online banking printout).
The training curricula are available to all interested trainers and judicial training providers on EJTN's website.
Greece does not participate in the ECLI system.
The administrator must consult the beneficiaries on certain matters of importance to them.
Justices of the Peace There are three Justices of the Peace, one in Luxembourg, one in Esch-sur-Alzette (Luxembourg judicial district) and one in Diekirch (Diekirch judicial district).
There are two types of restrictions: the part that is not subject to seizure that must remain with the debtor for use, and the so-called social benefits, of which the first ensures that the debtor retains minimum means of subsistence and the second lists the ad hoc amounts payable for the protection of a certain right that do not have to be used to cover any other obligation.
The action is brought: for proceedings in which a summons is compulsory, by submitting a copy of the summons to the court office; for other proceedings, by lodging or registering the claim with the court office; Claimants do not receive any confirmation of the validity of their action.
It is not compulsory for domestic wills to be registered in the succession register.
A debt restructuring has no impact on the rights of a creditor in relation to a guarantor or anyone else who is liable for the debt in question in addition to the debtor.
Where the complainant cannot find out the address of the defendant, the court may approve summons by advertisement, by displaying the document at the door of the court, on the portal of the court and at the last known address.
Since the 2013 Act Amending the Act on Children and Names (Kindschaftsrechts-Änderungsgesetz , the court may award the parents joint parental responsibility against the wishes of one or both parents if it considers that joint parental responsibility is in the child’s best interests.
Bailiffs and judges of attachments.
Links Additional information on the Latvian insolvency register State insolvency administration agency
The procedure for the receipt and examination of complaints is regulated by the Ombudsman Law and the regulations on the handling of complaints (sūdzību izskatīšanas reglaments).
For more details please visit the ELRA website.
The buyer does not have the right to a guarantee against defects of the property (Article 96 of ZIZ).
The rules of those proceedings are used for small companies as well, pursuant to the legislative amendment in 2016.
To overcome these differences and to facilitate easy access to - and citation of - national, foreign and European case law, the Council of the European Union invited Member States and EU institutions to introduce the European Case Law Identifier (ECLI) and a minimum set of uniform metadata for case law.
“Termination of the marital union” has meaning in the area of matrimonial law since, pursuant to Article 51 ObZ 2015, one of the legal grounds of marriage termination is that more than one year has passed since “termination of the marital union”.
Click on the below link to view all competent authorities related to this Article.List of competent authorities Article 71 1.
(b) - Redress procedure A decision on redress as referred to in Article 33 of the Regulation may be contested solely by a proposal from the party for a retrial (in accordance with Articles 421-428 of the Civil Procedure Act).
A judicial procedural period may be extended by a court, depending on the circumstances.
The Bar Act (Zakon za Advokaturata) expressly provides that a Bulgarian or EU lawyer may provide free legal help and assistance to persons who are entitled to maintenance.
In disputes heard by a chamber (vijeće), the evidence is taken at the main hearing before the chamber, but the chamber may, for important reasons, decide that certain evidence is to be taken before the president of the chamber or the judge of the requested court (the requested judge).
To this end, the EU put in place a mechanism for the mutual recognition of protection measures.
When choosing the law governing the marital property regime or marital contract, it shall be sufficient to retain the form required for marital property contracts under the chosen law or under the law of the country in which the law was chosen.
As a rule, debt during restructuring that has not been declared by the debtor or by the creditor, and which has otherwise not come to the attention of the insolvency practitioner before the approval of the restructuring programme, shall lapse on the approval of the restructuring programme.
Debt adjustment When issuing the order on the commencement of debt adjustment, the court shall send copies of the court order, the petition and the debtor’s draft payment schedule to the creditors.
If both parents pre-decease the dead person and neither have left any descendants, the entire estate is inherited by the dead person’s surviving spouse (Articles 16 and 17 of the ZD).
He/she is also required to inform the Office of any changes that might affect the proceedings (change of address, change in the care of the child, completion of the child’s education, etc.).
The information contained in this portal is public and, unless expressly stated otherwise, may be reproduced and re-used provided that the source is acknowledged.
But statements made by the parties and recorded in an authentic document stand as proof only until proof of the contrary.
Lay judges of the Supreme Court of the Republic of Croatia are appointed by the Croatian parliament, on the basis of a proposal from the Minister for Justice, in such a way that all counties are represented.
Yes, in principle, in so far as the issue falls within the scope of the custody of the child awarded to one parent.
Short description of procedure/proceedings in accordance with which the applications/complaints/claims are processed; Applications are registered in the ‘Dokman’ automated information system, after which the executive director forwards them to the head of the Agency’s office and to its directors, who allocate them to the appropriate case-handlers.
On completion of the probate proceedings, a decision on succession is rendered.
The written statement must mention in particular the identity of the witness and, if applicable, his or her family relationship or relationship through marriage, subordination, collaboration or community of interest with one of the parties.
In order to secure any form of maintenance the claimant has to apply to a court in accordance with a procedure stipulated in the Civil Procedure Law.
Do I need to be present during the procedure and/or when my claim is being decided?
3.5 Marriage, unmarried/cohabiting couples, partnerships, divorce, judicial separation, maintenance obligations 3.5.1 Marriage The conditions for entering into a marriage are governed by the law of the State of which each person is a national at the time of entering into the marriage.
This shall be in accordance with European Union rules and international conventions on the payment of maintenance that Spain has ratified.
The old data was migrated into the new IKAR system.
13 Is it possible to appeal against a decision on parental responsibility?
A waiver is not permitted where the successor has lodged an application with a notary at the place of the opening of the succession for the acceptance of the succession or for the issue of the certificate of succession.
Article 139(1) of the Code of Civil Procedure (Civilinio proceso kodeksas) stipulates that a claimant is entitled to withdraw his/her claim as long as the court has not sent a copy of it to the defendant.
If your court case has an international or crossborder dimension, you have to define both: which Member State and which court are competent (has jurisdiction).
Publication and price setting for sales of seized assets Seized property is sold through the Swedish Enforcement Authority (Kronofogdemyndigheten).
3.8 Real property The place where property is situated is also used to determine the applicable law (Article 87 of the Code of Private International Law).
Every person of legal capacity is worthy to succeed – this includes natural persons alive at the time of the death of the testator, and legal persons that existed at that time.
Slavyanska No 1 BG-1040 Sofia Bulgaria (for all questions covered by the Regulation, except for matters relating to parental responsibility and the abduction and placement of children (Article 56)) Article 67 (b) The languages accepted for communications with the central authorities designated pursuant to Article 57(2) are: Bulgarian, English and French.
3.4 the obligation to pay maintenance to the other spouse?
The Civil Law states that at the time when a marriage is dissolved, or even thereafter a, former spouse may claim from the other spouse payments commensurate with the other spouse’s financial circumstances in order to ensure the first spouse’s previous level of welfare.
ERA is located in Trier (Germany).
Is this procedure governed by the general rules on the competence of courts (a link to this sheet could be included in this case) or is it subject to different principles?
If the maintenance obligation has not been fulfilled, in addition to the methods of enforcing maintenance referred to above, criminal charges may also be filed for suspicion of the criminal act of failing to pay mandatory maintenance.
The value and starting price of auctioned assets are determined by an expert.
This does not apply to legal actions initiated within fifteen days of the announcement, insofar as the third party can prove that the fact was neither known nor had needed to be known (Article 15(2) of the German Commercial Code).
Joint wills, i.e., wills made by two or more persons in the same document, either for the benefit of a third person or for their mutual benefit, are not allowed.
The time limit for resolution of a complaint is 90 days.
But a public document certifying the status of a firm in the commercial register for the use of a public authority can be issued only by a regional court (commercial register office (Firmenbuchabteilung)).
Generally speaking, public law comprises constitutional law, administrative law and criminal law.
There are alternatives, including resolving the dispute through out-of-court settlement, recourse to arbitration or using the mediation mechanism provide for in the Certain Aspects of Mediation in Civil Matters Act 159(I)/2012.
It is a purely advisory government body that has no decision-making powers.
The session can be booked by telephone, by email or via an online form.
Courts of appeal have jurisdiction to mainly hear appeals, while the High Court of Cassation and Justice is the ordinary court of review which ensures the uniform interpretation and application of the law at national level.
A legal person cannot be appointed as an estate administrator.
By acquiring the relevant share (undivided share) of the estate of the deceased, each heir or legatee acquires a notional share of the testator's assets and debts included in the estate.
It is not mandatory to apply for an administrator.
A natural person whose personal rights are threatened or have been violated may demand protection under the law of the country in whose territory the event causing such threat or violation occurred, or under the law of the country in whose territory the effects of the violation occurred.
3.1 The procedure The enforceable title serves as the basis for instituting enforcement proceedings.
Judges may serve until the age of 67, but this may be extended.
How long does it take (approximately) to receive a decision on a claim for compensation from the authority?
There are, however, alternative options for resolving the various issues that may arise in connection with a divorce.
The mediator must not disclose details of the mediation to third parties.
If the defendant fails to file, or withdraws, objections against a bill-of-exchange (cheque) order for payment, this, too, has the effect of an enforceable judgement.
Valid reasons in this case may include a parent’s incapacity for work or if the person obliged to pay maintenance has other dependents.
Specialised courts All information concerning courts specialising in a particular field (employment law, commercial law) may be found in the ‘Ordinary courts’ section.
The court may appoint a committee of creditors to represent the creditors and to act as an advisory body to assist the insolvency practitioner in the performance of their duties.
The bailiff announces the date and object of the auction by way of a public notice, which is delivered to the parties to the proceedings, the municipal authority, the tax office in whose jurisdiction the property is located and the social security authorities.
Under the proceedings initiated by writ of summons, the lawsuit is pending from the date of the summons.
If a plaintiff is concerned that a defendant may dispose of any or all of his or her assets and may not be in a position to satisfy the plaintiff’s claim if ultimately successful at the trial, then the plaintiff can apply to court for a ‘Mareva injunction’ or a freezing order, which prevents the defendant from dealing with his or her assets during the term of the order.
The parties to a case receive a court summons giving notice of the time and place of the court hearing or other procedural action.
All victims of reported crime are given a “Victims of crime” leaflet which gives practical advice about what to do in the aftermath of a crime.
Their territorial jurisdiction is governed by Sections 84 to 86 of the Code of Civil Procedure where the application for the enforcement of a decision was lodged with a district court, or by Section 45 of the Enforcement Code where the application was lodged with a court bailiff.
Yes, access to the Austrian Justice website is free.
Through its members, the Estonian Bar Association ensures the provision of state legal aid.
Luxembourg, as the requested State, does not record the videoconference because recording is prohibited by Luxembourg law.
Bankruptcy After the start of bankruptcy, no action shall be brought against the bankruptcy estate for the purpose of obtaining a ground for enforcement concerning a claim in bankruptcy, and no enforcement measures shall be carried out on the assets of the bankruptcy estate in order to collect on a claim in bankruptcy.
The Chartered Institute of Patent Attorneys (CIPA) represents patent attorneys throughout the UK.
What is not covered, however, are legal decisions having only temporary interest, such as decisions on grants.
If the deceased was married, the estate goes to the surviving spouse.
1.2 Competent court The application is submitted to the district court corresponding to the permanent address or seat of the debtor, and the court has three days to carry out an official check of local jurisdiction.
Is access to the databases free of charge?
A list of notaries willing to act as a conciliator can be found on the website of the Chamber of Notaries.
Individual provisions govern conditions for the admissibility of appeals, the particulars to be contained in the appeals lodged, action to be taken by the courts and the courts’ decision-making procedures on appeals.
According to the information from the administrative units, they do not provide such information to parties.
Lodging of appeals (suplicación or casación) in employment cases.
All of the heirs specified on the succession certificate are entered into the land register.
Background information The European Law Institute was founded as an international non-profit association on 1 June 2011.
If a child has died, any descendants of that child will inherit in his/her place, and each branch of the family will receive an equal portion.
Maintenance may be denied or restricted for important reasons, especially if the marriage was short or if the spouse who might be entitled to maintenance is to blame for the divorce or cessation of the cohabitation or has voluntarily brought about his or her own poverty.
The Legal Aid Centre provides the legal aid and security system for natural persons who are unable to make use of legal services in order to exercise and protect their rights owing to their economic circumstances.
Article 6 – Means accepted for transmission of requests and other communications Post or fax.
Article 29(1)(c) - Means of communication The standard form in the Annex to the Regulation should be submitted to the secretariat of the competent court in writing.
A special preference relates to certain property (examples being a right of pledge, a right of retention, or a mortgage (inteckning) on immovable property).
Videoconferencing - for whom and why?
Under the Civil Code, interest for late payment is due at the statutory rate or at a rate determined by law.
An important point is that the time required for delivery by the postal service is not included for procedural time limits, but it is for substantive time limits.
3.5 Marriage, unmarried/cohabiting couples, partnerships, divorce, judicial separation, maintenance obligations Rules exist for the celebration of and consequences of marriage.
Members are elected to a four-year term of office.
Persons in possession of information gathered in the pursuit of their profession and covered by professional secrecy must refuse to testify, failing which they are liable to a criminal sanction.
Service may always be effected in person if they are located in Belgium.
It may also be initiated by a creditor of a joint owner (Article 815-17 of the Civil Code).
An attorney is entitled to a fee for legal services and to the reimbursement of any costs incurred in connection with the work done, according to the tariff established by the Bar Association and approved by the minister for justice, and attorneys issue an invoice to the client upon performance of service.
The processes used to seize property are known as arrestment (used to freeze property which belongs to the debtor but held by a third party); attachment (used to seize property owned by the debtor and which is in their possession); and exceptional attachment (used to seize non-essential property kept within a dwelling house).
It is considered that a person depends financially on the deceased person if, at the time of death, they lived totally or partially at the expense of that person and they did not receive on an annualised basis income of any kind exceeding 150 % of the annualised IPREM in force at that time.
With a view to securing and protecting the rights of identified victims of trafficking in human beings, the Office works together with, in addition to the social welfare services, such NGOs as Cyprus Stop Trafficking, KISA, Caritas, Well Spring, etc.
In cases where only part of a document is related to the contents of procedural documents, only the relevant parts (excerpts, extracts) may be submitted to the court.
The property seized is evaluated on seizure, unless this evaluation cannot take place straight away to the special value of the property.
A single judgement declaring certain clauses to be unfair can resolve thousands of complaints, and if the same unfair clause is subsequently used, it should not be necessary to take further legal action, provided that the case involves the same party who set out these clauses originally.
The court may extend these periods if the former spouse receiving the maintenance is in particular hardship and the other spouse can pay the maintenance without particular difficulty.
The court also stipulates how the parent who was not granted custody of the child will contribute to the child’s maintenance; alternatively the court will approve an agreement between the parents on the level of maintenance.
In addition to judicial clerks(371 Kb) and assistant judges(373 Kb), other court officers include directors of courts(367 Kb) and clerks of court sessions(364 Kb).
In their respective objections and challenges the parties may ask for a hearing to be held.
Furthermore, where the contracting parties did not agree otherwise, the method of delivering the object and the measures necessary where delivery is refused is governed by the law of the state where the object was to be delivered.
The choice of law may also be made before the marriage is celebrated.
If there is no special disposition of the estate, the inheritance is distributed in accordance with the succession established by law.
Likewise, the bailiff can deliver the document to a person other than its addressee, for example to a member of the family present at the domicile.
Equally, the use of an interpreting service may be agreed between the court which requested the taking of evidence and the requested court, and the interpreter may be provided by one or the other court.
Lawyers are divided between twenty-seven regional Chambers of Lawyers (Rechtsanwaltskammern) and the Chamber of Lawyers of the Federal Court of Justice.
According to the Civil Procedure Law, if a case combines several claims of which some fall within the jurisdiction of a district or city court, while others fall within that of a regional court, or a city or district court has accepted a counterclaim which falls within the jurisdiction of a regional court, the case is be heard before the regional court.
Legal aid means that the applicant may obtain the services of an assistant (attorney) to resolve a legal matter entirely or partly funded by the state.
The court is expected to assess the evidence and render a judgment according to conclusions drawn from the facts of the case.
Mediation is particularly suitable for business disputes (i.e. Commercial disputes), as well as in cross-border disputes (one of the parties is domiciled or habitually resident in a Member State of the European Union) in civil and commercial matters.
Exceptionally, enforcement can be stopped earlier, such as when the creditor pursues enforcement on salary and the debtor changes jobs.
Country code The country code for Ireland is: [IE] Generation of national ECLI It is currently not possible to build an ECLI based on existing publicly available information.
In such cases, the court of first instance decides whether or not the security should be provided (Article 734 of the Code of Civil Procedure).
ex officio in cases where proceedings may be instituted ex officio (Article 732 of the Code of Civil Procedure).
Seizure takes effect on the day the decision on seizure is served upon the debtor.
In the event of conflict between spouses before the divorce proceedings, claims are made to the justice of the peace (Article 594(19) of the Judicial Code) for the place of the last matrimonial home (Article 628(2) of the Judicial Code).
If this form of service is not possible, service may be made by any of the methods set out in Articles 13 or 14 of Regulation (EC) No 805/2004.
Jurisdiction of the court General jurisdiction: As a rule, the court with jurisdiction at the permanent address of the defendant is competent to act, if no other court has exclusive jurisdiction.
The Commercial Register is public.
Information about this may, however, be obtained through contact with the court, for example by telephone.
Bankruptcy proceedings In disputes over the bankruptcy estate or assets that can be included in the bankruptcy estate, the right to be a party to court proceedings in lieu of the debtor is transferred to the trustee.
A public prosecutor takes the oath before the Minister of Justice.
It contributes to human rights education.
Lawyers The lawyer’s role, whether retained by an individual, a corporation or the state, is as the client’s trusted adviser and representative, as a professional respected by third parties, and as an indispensable participant in the fair administration of justice.
When you are involved in litigation in a case where not all the facts of the case are connected with the same country you should check which law will be applied by the court in making a decision.
The mediator thanks the parties and ends the mediation session.
Where witnesses, experts or interpreters fail to appear at a hearing, the court will ask the persons participating in the proceedings whether they case may be heard in the absence of witnesses, experts or interpreters and rule that the court hearing be continued or deferred.
Right to continue to benefit from protection measures when moving to another Member State To effectively protect you as a victim (in particular a victim of different forms of domestic violence and stalking) from violence and harassment, national authorities can often grant you specific measures (restraining, barring or a similar protection order) which help preventing further aggression or further assault by the offender.
Annually the AC at the BCCI resolves between 250 and 300 disputes – both international and domestic.
All the parties’ personal data must be deleted from the decisions, and the parties must be identified according to the role played by them in the proceedings.
There are no public insolvency registers in Belgium.
2.9 In which cases can witnesses refuse to give evidence?
The Ministry of Justice, Transparency and Human Rights uses all appropriate means, in particular the Internet, to inform the public of ways to access mediation.
The adoptee also retains his legal right to inherit from his blood relatives, but only if the adoptee was adopted by a relative in the ascending line, a sibling, or a descendant of such relative in the ascending line.
(Section 7:72 of the Civil Code) cb) Intestate succession of the adoptee’s property The effect of adoption as regards inheritance also applies ‘conversely’.
If the consultation procedure does not result in a consensus being reached, the Member States involved shall refer the case to Eurojust.
Complaints give rise to a procedure (not necessarily a new one, since complaints concerning similar matters may be handled in a single procedure for reasons of speed and procedural economy) that is duly investigated.
Parties, witnesses and others who are to participate in a court hearing must be able to participate remotely via video link if this is not inappropriate.
With the parties’ consent, the court may hold an oral hearing by videoconference or another communications technology (Section 116(6) of the Code of Civil Procedure).
Under Germany’s federal system, the Länder hold a considerable share of the powers of the state, and therefore the Bundesrat also participates in the adoption of legislation.
The project was supported financially by the EU.
That may be the law of the state in which they are habitually resident when the choice is made or the law of the state in which they were last habitually resident, provided that one of them is still habitually resident there when the choice is made, or the law of the state of which one spouse is a national when the choice is made or of the state in which the petition is filed.
Denmark(138 Kb):The Danish Court Administration is responsible for organising training, which is provided by the Domstolsstyrelsen.
In accordance with the Law on the Judicial Power (Likums “Par tiesu varu”), the principles and procedures for the trial of cases are laid down in the Constitutional Court Law, the Law on Civil Procedure (Civilprocesa likums), the Law on Criminal Procedure (Kriminālprocesa likums), and the Law on Administrative Procedure (Administratīvā procesa likums), which regulate the progress of cases, the decisions to be taken during and at the end of the proceedings, and the procedures for enforcement.
The courts also have a responsibility to try first to reach a consensual agreement between the parents.
(4) A special form of wills is used when the author of the will is in poor medical condition, cannot see or hear, or is unable to read or write.
For the most part, this happens when legislative projects are particularly controversial or of special interest to the public.
Examination by the Council of State takes into consideration the content and the form of draft regulations as well as their compliance with a higher legal norm.
The notary who has drawn up the will must register the information on the first following working day in the Central Register of Wills (CTR).
The original document must be supplied where requested by the court, in which case it may be sent by post.
1 What are the types of deadlines relevant for civil procedures?
The court will have access to information regarding the various components of the debt and may decide to reject certain of them.
Information about accredited certification authorities can be obtained on the website of the Slovak National Security Authority (Národný bezpečnostný úrad).
The Supreme Court of the Slovak Republic resolves conflicts of jurisdiction in rem between courts and bodies of public administration.
Access to these registers is subject to a fee which will vary according to the information sought.
The real estate must be indicated in the instruments for the registration of rights in the property register (the inheritance decision, authentic instrument, and/or European Certificate of Succession) in accordance with Section 8 of Act No 256/2013: Land is identified by a parcel number and an indication of whether it is a building plot, and by the name of the cadastral community in which it is situated.
If the deceased and his or her spouse had joint marital assets, the court first settles the joint marital assets so that a portion of these assets accrues to the surviving spouse and a part (typically half) is included in the inheritance.
In locations where court proceedings are generally recorded (in many criminal courts) the existing technical equipment can be used to record the examination via videoconference.
Tribunal of State (Trybunał Stanu) The Tribunal of State (Trybunał Stanu) adjudicates cases in which people that occupy (or have occupied) the highest state positions are charged with violating the Constitution or other legislative Acts.
Entrance to the degree course is by means of an entrance examination for graduates of the King’s Inns Diploma in Legal Studies or law graduates.
To become an heir a person must accept the succession (either by actually taking charge of the inherited estate or applying to a notary at the place of the opening of the succession for acceptance of the succession).
This intervention is decided by a judge, at the request of the creditor.
• If the necessary procedural steps would entail disproportionate travel costs and there is no ‘enforcement agent’ in the area where these procedural steps are considered to take place.
Extra-marital children are the legal heirs of their mothers and fathers and of their respective relatives.
There are two District Courts in the Grand Duchy of Luxembourg, one in Luxembourg and one in Diekirch.
A prior written agreement on the guardianship of a joint minor child, access rights and the child’s maintenance must be submitted together with an application for divorce.
Keywords are given to help the user identify the applicable legal concepts and the area of law to which a judgment relates.
If at least one of the parties so requests, the mediator ensures that the original record is deposited with the secretariat of the single-member court of first instance of the region where the mediation took place.
A divorced spouse can be held to provide maintenance to the other spouse where the applicant spouse has demonstrated that the other has failed to adequately provide for them in view of the circumstances.
The reason for it is that the estate passes to heirs by operation of law at the time the succession is opened (when the testator dies or is declared dead).
Annex II - The courts or competent authorities to which the application referred to in Article 39 may be submitted - in Malta, the ‘Prim’ Awla tal-Qorti Ċivili’ [First Hall of the Civil Court] or the ‘Qorti tal‑Maġistrati ta’ Għawdex fil-ġurisdizzjoni superjuri tagħha’ [Gozo Court of Magistrates in its superior jurisdiction] or, for maintenance judgments, the ‘Reġistratur tal-Qorti’ [Court Registrar] on transmission by the ‘Ministru responsabbli għall‑Ġustizzja’ [Minister for Justice].
The adopted Bill is sent to the President of the Republic of Bulgaria who signs a decree for its promulgation.
The claimant cannot bring a full appeal (appel/beroep) against a rejection or partial upholding of the application.
A court fee must be paid by the party submitting the claim (applicant/claimant), unless his obligation to pay court fees has been waived at his request or if he is exempt from their payment by law.
There is an exception for international public policy which makes it possible not to apply certain aspects of a foreign law if their effect would be intolerable in the Belgian legal system (Article 21).
The Court is provided for in Article 100 of the Greek Constitution and is responsible for judging the validity of parliamentary elections, removing Members of Parliament from office or resolving conflicts between the three Greek high courts.
A defendant who fails to appear on that date and is not represented in court by his lawyer shall be declared to be in default if he was summoned to attend the proceedings on that date with due regard for the time limit prescribed for a summons or the time limit set by the interim relief judge at the claimant’s request.
It is granted: automatically for children under the age of 21 under Article 46 of Regulation (EC) No 4/2009; in other cases, if the claimant fulfils the means conditions established by law (Law No 91-647 of 10 July 1991 on legal aid (loi n° 91-647 du 10 juillet 1991 relative à l'aide juridique) and Decree No 91-1266 of 19 December 1991) (décret n°91-1266 du 19 décembre 1991)).
According to the new system, the creditors' committee may also appoint a representative of the creditors.
Judges are appointed by the Crown, under the aegis of the Minister for Security and Justice.
Click on the below link to view all competent authorities related to this Article.List of competent authorities Article 34 Appeals pursuant to Article 34: The judgment given on appeal may be contested by one of the parties submitting a motion for a retrial (Articles 421-428 of the Civil Procedure Act).
What are the rules?
Where can I find information on the average aggregate cost for a particular type of proceeding?
Addresses are searched for using the individual’s forename and surname.
The central authority for cross-border maintenance disputes is the Ministry of Justice.
Likewise, the salaries, wages, pensions, remuneration or equivalent of the spouses will be added together unless there is separation of property for the spouses, evidence of which must be provided to the Court Clerk.
In proceedings relating to marriage breakdown or parent-child relationships, the courts allow as forms of payment of maintenance, direct payment to the creditor for certain expenses pertaining to a minor child (e.g. schooling, medical insurance, etc.) 10 If the person concerned (debtor) doesn't pay voluntarily, what action can be taken in order to force him/her to pay?
If the application is combined with proceedings initiated by writ of summons, the court examining the latter also has jurisdiction.
If parents have joint parental responsibility, it is a general principle that the other parent’s consent is always necessary.
They include the Supreme Administrative Court, the central administrative courts, the circuit administrative courts and the tax courts.
An appeal in cassation may be lodged with the Supreme Court against a court judgment made under the appeal procedure (Chapter 66 of the Code of Civil Procedure).
In the statement, the respondent should specify whether they are opposing the order in its entirety or in part and present the pleas in law, which must be submitted before entering the dispute concerning the substance of the case, failing which the right to raise them will be lost, as well as the factual circumstances and evidence.
The law specifies certain instances in which representation by a certified lawyer is mandatory.
Related links Administrative Courts Ministry of Justice Luxembourg's Justice Portal
Legal precedent is a source of law, as court rulings have wider significance than the specific case in which the ruling was pronounced.
In respect of moveable property, the SIV (Système d'Immatriculation des Véhicules [vehicle registration system]) provides information on the civil status of the holders of registration certificates for motor vehicles and two-wheeled vehicles, and the registration number and characteristics of the vehicle.
The Judicial Council The Judicial Council (Sodni svet) is the central body responsible for the regulation of the profession.
If a child that has reached majority has a serious disability, the rules for children who are minors apply.
Value-added tax How is this information provided?
The court can deal with the application provided that the applicant is domiciled in England and Wales on the date when the proceedings are begun; or was habitually resident in England and Wales throughout the period of one year ending with that date.
Five percentage points are therefore added to the ECB base rate (i.e. the rate for main refinancing operations).
The Civil Code lists the following forms of will provided for by the Luxembourg law of succession: holographic will; notarially recorded will; sealed will.
Protection of the estate of a deceased person: it may be necessary to secure the estate's assets and the deceased's documents, administer the estate or to verify the deceased's relatives, among other measures (Articles 790 to 796 LEC).
The State bears final liability for the actions of bailiffs.
As of 28 June 2013, LJNs are no longer allocated.
The person filing a complaint is not a party to the proceedings in potential administrative proceedings, but may be heard as a witness.
Yes, the contract or any other document standing as proof for the amounts due are annexed to the request (invoice, cashier receipt, hand-written receipt etc.).
Questions may also be asked by members of the chamber and, with the permission of the presiding judge, by parties and experts.
Pursuant to this Act, the default interest rate on debts arising from commercial contracts and contracts between a trader and a person governed by public law shall be determined on a semi-annual basis by increasing the average interest rate on loans authorised for a period of more than one year for non-financial corporations and calculated for the reference period prior to the current six-month period by five percentage points, and three percentage points in other relations.
The language should again be that of the requesting State.
In this case, an adversary procedure is initiated, permitting evidence to be examined, which concludes with the issue of an order maintaining the enforcement order or invalidating it in whole or in part.
Jurisdiction of courts District courts District courts act as courts of first instance in civil and criminal cases unless otherwise stipulated by rules governing court procedure.
Under future law, the judge may decide to make an image or sound recording of the oral hearing to replace the paper court transcript.
Short explanation of the type of requests the institution deals with Complaints concerning family involved issues of marital separation and child custody.
Fixed costs for litigants in criminal cases There are no fixed costs for litigants in criminal proceedings under Dutch criminal law.
The Court consists of three divisions: the first division considers civil, commercial, tax and disciplinary cases, the second criminal cases, and the third cases concerning employment and social security law.
The specific tasks in question are personnel policy, accommodation, ICT and external affairs.
Where the spouses share a domicile, this equates to the matrimonial domicile.
In addition, certain matters are by law (Act on Court charges 701/1993, section 6 and 7) free of charge.
Such matters include, for example, the adjustment of the debts of private individuals and criminal cases pursued by the public prosecutor in the first instance.
In principle, an action is brought by the serving of a court bailiff’s notification, with a party being summoned to appear (Section 700 of the Judicial Code).
If a child has two guardians, a joint decision is essentially required on matters relating to the child’s personal affairs, including both short trips abroad and any permanent move.
Yes, there are rules that impose restrictions on or affect succession in respect of certain assets.
By the end of that time, the Senate must approve or reject the draft or return an amended version of it to the Chamber of Deputies.
Organisation In Hungary the task of administering justice is carried out by the Curia (Kúria) of Hungary, the regional courts of appeal, the regional courts, the district courts and the administrative and labour courts.
Organisation of justice – judicial systems The Italian judicial system is based on the civil law.
A list of those authorities can be found here(68 Kb).
Similarly, the bankruptcy estate shall be reserved an opportunity to resume court proceedings concerning a pending claim in bankruptcy against the debtor.
Upon permission given by the judge‑rapporteur, the administrator has the right to fulfil any pending contracts and require the counterparties to fulfil them.
Lastly, with regard to the closure of insolvency proceedings, creditors may also submit comments contesting the closure in certain cases.
You will be considered a victim of a crime if you have suffered damage, for example if you have been injured or your property has been damaged or stolen, as a result of an incident that constitutes a crime under domestic law.
Article 2(4)(c) – Means of receipt of documents The technical means of receiving applications and their attached documents is by post or fax.
Legal aid is not normally available for divorce or disputes relating to children and disputes relating to property unless there is domestic violence, There will also be a means and merits test.
The Notaries Act (hereinafter: ZN) also provides for a notarial will, which is a will which a notary compiles in the form of a notarial record as dictated by the testator, and a will which the testator, having first made a written declaration of his/her last will and testament, delivers to a notary for confirmation.
The opening of bankruptcy proceedings does not have an effect on a settlement agreement or on a qualified financial contract to which the rules set out in the settlement agreement apply.
However, there are binding rules in Portugal concerning publication by courts.
Nonetheless, the Justice Unit is (over and above any private legal counsel engaged by the victim) bound by law to provide all necessary assistance and support to any victim of crime, with the ultimate aim of providing due compensation.
If mediation fails, the mediation record may be signed by the mediator alone.
Regulation — in accordance with Sections 87 and 94 of the Constitution, the Government of the Republic and Ministers are authorised to issue Regulations on the basis of and for the purpose of complying with an Act.
Winding up: When a winding-up order is made, each creditor must, within 35 days of the date of publication of the order, submit proof of debt to the official receiver or liquidator in writing.
However, as this will depend on the progress/development of the case, it may not be possible to give an accurate assessment at the outset of proceedings.
A surviving spouse is also included in the third class and receives half of the estate (Article 1820 of the Civil Code).
Article 14(1) requires the application of lex patriae to the presumption or declaration of death of a natural person.
A. Attachment From the moment the goods are attached, the debtor loses the right to dispose of them.
In principle the Supreme Court adjudicates only on legal issues of considerable importance, and the presence of such issues is a prerequisite for the Supreme Court accepting an appeal on points of law.
Jurisdiction in criminal matters Courts of first instance The Judicature Act (Gerichtsverfassungsgesetz – GVG) sets out the competence of courts in criminal proceedings.
During the debt restructuring process the debtor retains control of his or her property.
Paralegals (Δικηγορικοί Υπάλληλοι) The title of paralegal is acquired on completion of 6 months’ work in a law firm and an application must be filed with the registrar of the District Court in whose district the law firm in which the candidate works is located.
Open Education Europa is a Commission initiative which forms part of the Lifelong Learning Programme, managed by the Directorate-General for Education and Culture.
As regards contributions towards the child’s maintenance and education, maintenance can take the form of a monthly maintenance payment or, in whole or in part, the direct payment of costs incurred for the child.
Business debt restructuring applications are handled by the Enforcement Authority at first instance.
However, for the calculation of the minimum academic achievement required of the beneficiaries of study aid, the Ministry of the Interior will apply a correction factor of 0.60 to students with specific educational support needs who require adaptation of the curriculum or increased time to undertaken their studies because of physical or mental incapacity.
2.5 What are the methods of obtaining evidence from witnesses and do these differ from the means employed to obtain evidence from expert witnesses?
However, alleged victims are expected to provide all information requested and in their possession, and offer full cooperation to the Justice Unit and the Attorney General’s Office.
And in the majority of cases this security is irrefutible.
The Office helps to locate the debtor and facilitates the search for information regarding their means by bringing the matter before the Public Prosecutor and departments of the Directorate General for Public Finances (Direction Générale des Finances Publiques) in accordance with Articles 61, 62 and 63 of Regulation (EC) No 4/2009.
The court must choose the guardian from among: Relatives or family members of the minor; Persons who have de facto care of the minor, or are providing care for the minor; People who have demonstrated affection for the child.
In addition to these principles there are rules or guidelines to guide the actions of the parties in mediation, such as good faith and mutual respect, and their duty of cooperation and support to the mediator.
The Chamber of Notaries consists of a notary as President and of six other notaries (twelve in Vienna) and three candidate notaries (six in Vienna) as members.
If the petitioner does not live in the Netherlands, but the other spouse does, the petition must be sent to the court in the district where the other spouse lives.
By giving a statement on the record at the court where enforcement proceedings are taking place or at any other court, the parties, the lien creditor or the creditors of land debt may agree that the immovable property be sold at the auction for less than 70 % of its determined value at the first sale or for less than half of its determined value at the second (Article 188 of ZIZ).
The above procedural stages are outlined below.
(i) Initial application and head of household’s declarations Probate proceedings are not initiated by the Court of its own motion.
A holographic will is written, dated and signed by the testator, and before execution, it is presented at a civil law notary in order to be duly stamped and validated.
In all other cases, substituted service is permitted.
No, but the official announcements are available for re-use of information.
The court may also alter a maintenance agreement if the agreement is unreasonable in view of the circumstances at the time of its creation and other conditions.
In relation to third parties If the bailiff has attached movable property belonging not to the debtor but to a third party, the third party can oppose the attachment of his property by means of a third-party objection (Drittwiderspruchsklage).
Exemption from the payment of costs must be granted ‒ without examination of their income and financial situation ‒ to parties entitled to benefits granted to people of working age or living with a close relative in the same household who is entitled to benefits granted to people of working age.
Unlawful acts can also be reported via an electronic form available on the ASAE's website and can relate to administrative offences or criminal matters within the remit of this Authority.
District courts charge fees to applicants and claimants at the end of each procedure.
The 42 tribunals are organised at county level and in Bucharest, and are located as a rule in the principal town of each county.
Article 25 1 (d) Means of electronic service and communication and methods for expressing consent for thereof Service of the documents in question by electronic means is not authorised.
Applications for the enforcement of judgment debts can be submitted electronically.
If there is no agreement, the estate distributor must distribute the estate so that each beneficiary receives a share of the various types of assets that make up the estate.
Information and training Training courses for mediators are organised from time to time by the Malta Mediation Centre.
Appeal to the Court of Cassation does not constitute a third instance or a third level of court.
Applications for legal separation are examined by the court of the place of residence of the respondent.
In cases of negative legal proof the law forbids the use of certain types of evidence by the judge in reaching a decision.
The Regulation provides for four standard forms.
1.8 Effect of lack of statement of opposition An order for payment, electronic order for payment, and European order for payment which have not been challenged with a statement of opposition has the effect of an enforceable judgement.
It authorises international data transfers.
A person may not be heard as a witness if their testimony would violate the obligation to preserve an official or military secret, unless the competent authority releases them from that obligation (Article 230 of the ZPP).
The inclusion of the name of any company or trader in the pages should not be understood as a recommendation of products and/or services provided by that company or trader.
The order for immediate enforcement which the court issues in the cases of a document submitted in accordance with Article 417 CPC is also subject to appeal.
Role of the European Commission Please note that the European Commission has no role in criminal proceedings in Member States and cannot assist you if you have a complaint.
Will any compensation I receive for my loss from other sources (such as my employer’s or a private insurance scheme) be deducted from compensation paid by the authority/body?
3 If necessary, is there further information available on how to calculate statutory interest?
4 Is there free online access available to the legal basis mentioned above?
The interested party may challenge the enforcement of the order for payment under generally applicable law.
Under intestate succession, relatives (descendants, relatives in the ascending or lateral lines) as well as the surviving spouse (or registered partner) of the deceased person inherit, in accordance with the rules outlined below.
The court will consider the case at a hearing in accordance with the ordinary court procedures if any party so requests or if the court believes that a hearing is necessary.
If the testator owned immovable property, the entry in the land register becomes invalid upon his or her death, considering that the person entered in the land register as the owner of the real right is not the person to which the real right (in substantive law) actually belongs, as all of the assets of the testator pass to another person – the heir – upon opening of succession.
Bids can be made within a specific time limit (the eBay model).
Consequently, under Hungarian law it is not necessary to make a statement about the acceptance of inheritance.
Other conditions attached to the granting of legal aid for defendants Other conditions are attached to the granting of legal aid for defendants.
If there is a tie in a criminal case, the opinion most advantageous to the defendant will prevail; in a civil case, the chairperson has the casting vote.
The judges are appointed by the President of the Republic.
Applicants who are not eligible must pay court fees in accordance with Act No 71/1992 on court fees and copies of entries in the criminal records.
The mediator in both types of mediation (court and out-of-court) may waive their remuneration.
Searching the Bulgarian property register You can search the property register by: personal identification number (PIN) of legal or natural persons; by name of owner; by detailed description of the property; by property lot number; by registration number.
It is extremely difficult to predict the average length of time of a legal procedure as this depends on the extent of the legal and factual complexity of the case.
The National Association of Judicial Enforcement officers (Uniunea Naţională a Executorilor Judecătoreşti) establishes and updates, with the approval of the Minister for Justice, the minimum fees for the services provided by judicial enforcement officers.
If you are looking for a translator, you can search by language, county (län), surname or translator number.
It also states that Spaniards can get married outside Spain in the form laid down by the law of the place where the marriage is celebrated.
Moreover, any interested party may invoke foreign law in a court, under the principle of availability.
Access is free of charge, but users must log in to the portal (new users must register first).
No appeal can be lodged against the decision, however, the applicant may lodge an administrative appeal by submitting an administrative complaint to the competent administrative court within 30 days of the decision being served.
The Ministry of Labour, Social Security and Welfare provides a government service which allows an employee to request an official hearing on an employment-related dispute.
If the court finds that the evidence has been forged, it will exclude the evidence and notify a public prosecutor of the forgery.
In questions of divorce, Chapter 3, Section 4(1), of the Act on certain International Legal Relationships in respect of Marriage and Guardianship directs that the Swedish courts are to apply Swedish law.
Individual cases are usually heard by a panel of three judges.
The fees for concluding the sale and distributing the proceeds are determined on the basis of the successful bid, net of interest, including the value of any rights outstanding in accordance with the terms of the auction (§ 54(2) and (3) of the Court Costs Act).
Depending on the crime, the investigation is carried out by the police or by an investigating magistrate.
On the Supreme Court’s website case law can also be searched by keyword.
The actual service process itself is performed by a delivery service.
Pension payments to compensate for the consequences of economic damage are based on the economic disadvantages incurred.
Decision-making process New acts or amendments to existing acts are usually proposed by the Government.
It is a formal separation, i.e. it is decreed by the court under Articles 611 to 616 of the Family and Guardianship Code.
See the answer to question 1.
Title of abstract (Tēzes virsraksts): 2.
Taking of evidence in civil proceedings is not restricted to the boundaries of a Member State.
Under German law of succession, only relatives are classed as heirs, i.e. people with the same parents, grandparents or great-grandparents as the testator, as well as people who share more remote common ancestors with the testator.
Notarially recorded wills are always registered on the FCDDV.
However, the solution adopted in Article 53 bis of the Belgian Judicial Code means that notification has been given when the document is ‘presented’ at the domicile, residence or elected domicile of the addressee, without the need for the document to actually be handed over to them or for the acknowledgement of receipt to be signed.
If a document is too big or otherwise unsuitable for sending to or leaving for the recipient, the authority may instead decide to keep it available at the authority in question or at another place of its choosing for a certain period of time.
A mediator may agree on a different means of remuneration with the parties to a dispute.
The heirs listed in the succession certificate to whom the ownership of the specific immovable property is transferred under the agreement are entered in the land register as the owners of the testator’s legal share.
Service on persons who are serving prison sentences or have been taken into custody is effected by the penal and custodial institutions into which they have been placed.
The courts in Gibraltar will always apply the law in Gibraltar to cases brought before them.
In such a case, the Act on Judicial Costs in Civil Cases sets an obligatory fee.
This is a basic fee of PLN 30, unless the Act provides otherwise (Article 14).
In order to overcome technical difficulties, the Portuguese court asks the court of the requested Member State also to appoint someone responsible in their videoconferencing service to monitor the test and/or to provide the necessary technical assistance in collaboration with the Portuguese technicians.
Funds in a bank account up to EUR 165 and funds that the obligor explicitly declares are intended to pay the wages of his employees are not subject to enforcement by means of ordering payment from the bank account.
In the second instance are the higher administrative courts for each federal state, or Land (called Oberverwaltungsgericht or Verwaltungsgerichtshof).
3 Should I apply to a competent authority or a court to obtain maintenance?
The court will apply Cypriot law.
Information and training The section on mediation of the website of the Slovak Ministry of Justice provides information on mediation in Slovak.
It adopts a decision on the evidence by which it accepts or rejects the parties’ applications, and may also order the taking of certain evidence ex officio.
A notary can also record a last will and testament.
An estate may be assigned to the management of a special administrator if the heirs agree.
In simplified compulsory settlement and preventive restructuring proceedings, a creditors' committee is not formed.
However, you can search for what you need in a number of decentralised registers and lists, including: The National Register of Public Service Interpreters (NRPSI) The Association of Police and Court Interpreters (APCI) The Institute of Translation and Interpreting (ITI) Lists held by commercial agencies.
You are advised to look at the information for the country where the crime was committed.
What does the Bulgarian business register provide?
In this case, the debtor can show—through an appeal—that an enforcement title covering the enforcement is missing, including confirmation of enforceability, or that the enforcement title does not correspond to the information contained in the application for enforcement.
Country code The code for Spain is: [ES] Creation of the national ECLI The ECLI was introduced in Spain in November 2012.
A person must have a lawyer in proceedings in the cases specified in the Code of Civil Procedure and the Civil Code (Civilinis kodeksas), e.g. if the court is hearing a case involving a person being declared legally incapable, the person in question must be represented by a lawyer.
The reserved share is determined on the basis of the value of the estate, including ordinary household furnishings and equipment.
Local ordinances are adopted by local councils (občinski sveti, mestni sveti) that are directly elected by residents of a municipality.
Bailiffs’ fees are also subject to VAT, at a rate of 20 %.
A petition must contain all the important documents relating to the matter in question – e.g., birth certificate, marriage certificate, any previous court decisions related to the child and so on.
The legal possibility of acting as an in-house lawyer is viewed as a tacit exception to article 124 of the Administration of Justice Act, which regulates for what type of company a lawyer may act.
The text of majority and separate (dissenting and concurring) opinions is given in full and free-of-charge, together with keywords, detailed information on the legal basis for the decision, and a summary.
Article 25 1 (j) Authorities competent for enforcement 1.
The Administration of the Fund advances maintenance allowances only if the enforcement of a court decision ordering recovery of maintenance in accordance with the applicable civil procedure has been declared impossible, or if the debtor complies with a court decision ordering recovery, but fails to provide the minimum amount of maintenance laid down by the Government.
The Contact Points can be contacted by e-mail.
If the surviving spouse stands to inherit, descendants collectively receive 3/4 of the inheritance.
The respondent will also be given an opportunity to give evidence.
Experts’ fees Experts' fees are regulated by Tariffs G and K of the COCP (Chapter 12 of the Laws of Malta).
The special status of judges under the Constitution comes into play only in the exercise of their judicial office (in conducting all judicial business allocated by law or under the system of allocation of business).
Evidence can be taken by video-link either with the participation of a court in the requesting State or directly.
There may be rebuttable presumptions that admit evidence to the contrary and, exceptionally, non-rebuttable presumptions that do not admit evidence to the contrary.
Where the person on whom the document is be served does not have a known home address or residence, the bailiff draws up a record of service (procès-verbal) detailing the steps taken to find the addressee.
In Finnish case-law, however, it is rare for a party to be ordered to pay maintenance to their spouse.
Warning The information contained in this factsheet is of a general nature and is not exhaustive.
It is not binding on the contact point, the European Judicial Network in civil and commercial matters, the courts or any other persons.
Types of courts: brief description and hierarchy Ordinary courts: courts of first instance and appellate courts District and city courts (rajonu (pilsētu) tiesas) are the courts of first instance in civil, criminal and administrative cases.
Types of legal instruments - description International treaties may also form part of Malta's domestic legislation.
The heir may either accept or waive the succession.
Contact details Regional offices: Further detailed information about legal aid.
Organisations that provide free legal services In Germany, numerous charitable organisation provide free legal advice (in accordance with Sections 6 and 8 of the Legal Services Act).
A claim may also be lodged retroactively if the creditor pays the bankruptcy estate an additional charge, unless there has been a valid excuse for not lodging the claim by the date of lodgement.
In Austria, legal aid may comprise: temporary exemption from payment of court fees, fees of witnesses, experts and interpreters or translators, the cost of any necessary public announcements, the costs of a trustee and any disbursements incurred by the representative or lawyer designated by the court; representation by a lawyer.
In the execution of an Order of Seizure, the EJO has the right, under Article 38 of the 1981 Order, to enter any land occupied or used by a debtor, their spouse or any of his defendant or, in some circumstances, land occupied or used by any other person.
Where the petition for divorce or legal separation is filed jointly by both spouses, they can do this before the judge: for the place where they last lived together, or for the domicile of either of the petitioners.
In the cases provided for in this Article, divorce is obtained under a simplified procedure.
In an electronic procedure by writ of payment, the defendant cannot reply via the Internet.
Remote access to the companies database and the documents included therein was initially available via a direct dial-in system, which was updated to the internet in 2000.
The principle of admissibility of evidence means that there are only certain rare exceptions where it is forbidden to use certain types of evidence.
Nevertheless, in the event of disability or misconduct, adjudicating judges can be suspended, dismissed or transferred, in accordance with the conditions laid down by the law.
In reorganisation and debt relief proceedings, the debtor continues to hold these rights, subject to significant restrictions.
Payment of the amount of aid granted for therapeutic treatment expenses for sexual offences that have caused harm to the mental health of victims will be made in accordance with the following criteria: If the application for aid is made before treatment is started, payment of an amount based on a monthly instalment of the IPREM may be agreed.
Citizens Information provides a website, phone line and numerous drop in centres around the country.
The special electronic mailbox for lawyers was set up on 28 November 2016.
In addition, all Member States are bound by the law of the European Union and by international law.
The former wife, however, may not use the name of her former husband with the suffix indicating her married status if she did not use that name during the marriage.
The MfN site also contains independent information on mediation and mediators in the Netherlands.
To prevent expiry of a claim, the limitation period must be suspended.
Property for sale at public auction is presented during the sale by the auctioneer or the authorised professional organising the sale.
In the case of violent crimes and sexual offences, to submit the claim for financial aid, you must attach to the claim a copy of the legal ruling ending the criminal proceedings and against which no further remedy is available, whether it is a judgment, a judgment in absentia, a decision to close the case due to the death of the accused, or a decision to dismiss the case.
The validity of these measures is not subject to any time limit.
Article 19 – Defendant not entering an appearance Notwithstanding the provisions of Article 19(1) of the Regulation, a court or a judge in Latvia may deliver a judgment even if no certificate of service or notice of delivery has been received, provided that the conditions set out Article 19(2) of the Regulation have been complied with.
Both procedures are possible.
The manner of sale is determined by conclusion of the court, taking account that the movable property is sold to the highest bidder.
The cylaw website contains court judgments and is free for everyone wishing to access it.
There are two categories of bailiffs in Cyprus: Private-sector bailiffs, who serve court documents.
It will not always be possible to produce proof of delivery to the intended court.
In its decision to grant a divorce dissolving the marriage, the court is required to rule on issues relating to the exercise of parental rights, access to and maintenance of the children born of the marriage, and the use of the family home.
You can also consult one of the following: The CMAP (Centre de Médiation et d’Arbitrage de Paris — Paris Mediation and Arbitration Centre) handles disputes between (big) businesses.
The Centre will prepare reports on the implementation of fundamental and human rights as well as take initiatives and issue statements to promote these rights.
Yes 4.2 Do foreign judicial authorities and/or parties to judicial proceedings have access to registers or services in this Member State enabling the establishment of the person’s current address?
The certificate of succession may be a personal document (where it certifies the capacity and share of just one person) or a joint document (where issued to joint heirs or more than one person) (Article 1960 of the Civil Code).
In principle, the rules for the summons procedure apply for both the district court and the sub-district sector.
In this regard, appropriate measures to facilitate the provision of necessary travel documents such as a visa, should be taken by countries where the mediation should take place.
Information concerning the basic and default interest rates is also accessible on the website of the Bank of Slovenia.
Service by bailiff or prosecutor shall not be required in the event of certification of a decision by a district judge.
If the deceased has left no will the property is divided according to the provisions of law.
As a general rule, the party who calls a witness examines that witness first.
Victims who have suffered a severe health injury may claim a lump sum assistance of CZK 50 000.
It is automatically generated at the time the judgment is entered in the court system.
However the Commissioner shall not carry out investigations concerning specific, individual conflicts between a child and its parents or guardians including matters concerning the exercise of parental responsibility or any other matter that falls within the competence of any court or tribunal and in any such case, the Commissioner shall submit to the complainant, the reason for refusal.
Under Article 33 of Council Regulation (EC) No 2201/2003, a district or city court’s decision recognising a judgment given by a court of another Member State may be challenged before a regional court by submitting an ancillary objection (blakus sūdzība) to the court that took the decision, and sending the application to the respective regional court.
In justified cases the Act allows exemptions from court fees.
In these actions it is always possible to appeal.
Those who consider they have suffered damages may file a request to the court for the annulment of the certificate and the establishment of their rights.
Specialised human rights bodies The Ombudsman’s Office (Tiesībsarga birojs) operates under the Ombudsman Law (Tiesībsarga likums).
Italy: factsheet on the School for the Judiciary(136 Kb) Cyprus: factsheet on the Supreme Court(130 Kb) Latvia:The Latvian Judicial Training Centre was established to provide continuous training to judges, court staff, bailiffs and other legal professionals.
1.2 Application of procedure Actions brought before a justice of the peace begin with a summons (citazione) to appear in court at an appointed hearing.
Portugal applies the principle of voluntary mediation.
This work is supported by the Advisory Board on Mediation in Criminal and Civil Cases.
Where the maintenance debtor does not comply, the court may order that moneys due to the defaulter from another person be paid instead to the maintenance creditor.
The privileged collateral relatives are the siblings of the deceased and their descendants, up to the fourth degree.
Is access to the translators' databases free of charge?
An heir (perillinen) is a person who had a family, marital or adoptive relationship with the deceased, as defined by law.
Before the Government submits a proposal to the Riksdag for a new piece of legislation it generally needs to examine available alternatives carefully.
This does not include: (a) the sale of assets that the administrator deems indispensable for guaranteeing the viability of the company or the cash requirements required by the proceedings; (b) the sale of assets that are unnecessary for continuance of the debtor’s activity, with the assurance that the price corresponds substantially to the value assigned to the asset in the inventory; and (c) disposal of assets that are intrinsic to the continuation of the debtor’s activity.
The certificate of succession or the court’s order has only a declaratory effect regarding a fact that occurred in the past.
In the exercise of its duties, the General Inspectorate for Immigration cooperates with entities of the Ministry of Administration and Internal Affairs and other State institutions, as well as with NGOs and foreign citizens engaged in activities relating to migration and humanitarian protection.
The following values can be taken as an example (2014): The value of the court fee due in precautionary proceedings to set provisional maintenance, depending on its value, is as follows: Up to €30 000.00 – 3 Uc Equal to or greater than €30 000.01 – 8 Uc If the precautionary measures are extremely complex – 9 to 20 Uc.
Literate mute and deaf-mute persons take the oath by transcribing the text of the oath and by signing it, hearing impaired persons utter the oath, and illiterate persons take the oath using signs with the assistance of an interpreter.
Support is also provided by departments of competent municipal and misdemeanour courts (općinski and prekršajni sudovi).
The procedure may be used in cross-border cases only, whereby the court carrying out the procedure or the country of domicile of the creditor must be in a different Member State than the one in which the debtor's account is maintained.
Publication of Riigi Teataja was suspended in 1940 and resumed in 1990.
An urgent or precautionary measure under which a party is to refrain from disposing of assets or rights constitutes a ban on the disposal of assets or rights where, for example, it is feared that the defendant could squander them (transfer them to another person, destroy or damage them, etc.).
However, this type of maintenance should not exceed the amount necessary to cover the basic vital needs of the person in need, having regard to their social status.
Power is also split between and exercised by the Parliament, the Government and Judicial authorities.
Where they are nationals of different States, these relationships are governed by the law of the State in which both spouses are habitually resident or, where this is not the case, by Czech law.)
The Secretariat-General prepares the meetings of all the bodies of the National Machinery for Women’s Rights and assists with the implementation of all the decisions taken, by providing administrative and scientific support and guidance.
In order to be appointed director of court administration, a person must have a university degree in law or economics and relevant experience in organisational and financial work.
It only applies if there are no descendants or ascendants and only for any succession opened with effect from 1 July 2002.
The community property regime may be settled by: (a) agreement; (b) judicial decision; (c) the lapse of a period of time.
The name and address of the debtor together with details of the judgment is published in some newspapers and in commercial publications such as Stubbs Gazette.
If the estate has not been distributed, the declaration should be made to the estate administrator.
It carries out its tasks in these areas in close consultation with the court councils.
The act also allows the parties to agree to apply Estonian law after the occurrence of an event or performance of an act from which a non-contractual obligation arises.
Procedural steps are taken on application by a party, unless the law provides otherwise.
The human rights conventions directly applicable in Belgium are the European Convention on Human Rights and the European Social Charter, both of which were enacted by the Council of Europe.
Ordinary courts dispense justice (in cases outside the jurisdiction of administrative courts, military courts and the Supreme Court) and discharge other justice-related duties conferred upon them by law.
Other forms of service by bailiff Paragraph 4 of Article 157 provides, inter alia, that: “Where a document instituting proceedings or an equivalent document has been served according to the above provisions and where the defendant does not appear, the judge hearing the case may, where applicable, order publication of a notice in a Luxembourg or foreign newspaper.”
Unless the Act specifies otherwise, it suffices if the natural person performing a legal act has capacity for the act under the law that is applicable in the place in which the natural person performs that act.
If the ruling is to be enforced at different places, the ruling is to be enforced immediately in any part of it or if the ruling is made in favour of several claimants or against several defendants, the court must issue several enforcement orders upon the request of the enforcement officer.
The provision whereby different individual acts must be effected within a certain period after seizure or before an auction does not change the basis of the system.
The contracts can be terminated as part of the proceeding, in the case of bankruptcy proceedings under the oversight of the administrator and in the case of liquidation proceedings the liquidator terminates the contracts as the legal representative of the debtor.
Relevant links Organisation of justice – Romania Finding competent courts
In exceptional circumstances, however, the court may accept an interpreter proposed by a party.
Administration of the courts In Scotland, the Scottish Courts and Tribunals Service (SCTS) is responsible for the administration of the courts.
A person may be appointed as an estate administrator, if he or she consents to the appointment, has the ability, skills and experience required for the duty, and is also otherwise suitable for the duty.
The court may reinstate parental rights in the event of new circumstances or at the parent’s request.
A trial connection is made on a date prior to the day of the examination, following prior coordination between the competent authorities (the Court registration departments).
If the applicant files a claim, notice of it is served on the defendant, who has 20 days in which to contest it, and the case proceeds under the ordinary procedure.
It entails the dissolution and liquidation of the matrimonial property regime and an end to the duty of cohabitation and mutual assistance.
Actions brought for damages in connection with vehicular and water traffic accidents are also heard by the justice of the peace, provided that the value involved does not exceed €20 000.
If the addressee refuses to accept the registered letter, the postal worker records this in the acknowledgement of receipt and returns the registered letter accompanied by the acknowledgement of receipt.
The Insolvency Proceedings Bulletin What information does it contain?
The administrator appointed must be a lawyer with at least five years’ experience.
Fixed costs in criminal proceedings Fixed costs for litigants in criminal proceedings Fixed costs include: court fees, attorneys’ fees (which depend on the number of hearings), experts’ fees, translators' and interpreters' fees, as well as travel costs (e.g. those of witnesses and experts).
If applicable law is chosen, this governs the existence and validity of consent expressed by the statement of choice of the applicable law.
Unless they have expressly agreed to the contrary, the court may, at the request of one of the parties, increase, reduce or cancel the agreed maintenance after the divorce decree (third paragraph of Article 1288 of the Judicial Code) if, at least, the amount is no longer appropriate in view of new circumstances unconnected with the wishes of the parties.
Organisation of the legal profession: Lawyers Barristers/ advocates Only members of the Bar Association are entitled to use the professional titles of ‘asianajaja’ or ‘advokat’.
The parents represent the child jointly, however each of them may act separately; if one of the parents acts alone in a matter concerning the child vis-à-vis a third party, which is in good faith, it is understood that he/she is acting with the agreement of the other parent.
The aim of cassation is to preserve legal uniformity, to steer the development of law and to safeguard legal protection.
In additional to the general particulars, a complaint must indicate: a) which fundamental rights or freedoms have, according to the complainant, been violated; b) the final decision, measure or other intervention which has violated fundamental rights or freedoms; c) the person against whom the complaint is directed.
Notaries Organisation The Minister for Justice appoints notaries and assigns their office further to an application from the persons concerned after consulting the council of the relevant chamber of notaries.
In conjunction with legislation on the simplification and digitalisation of procedural law which is still in the pipeline (including a new Article 33 of the Code of Civil Procedure), the Implementing Act has incorporated rules on e-submission.
After the live broadcast, the online video-recordings are made available in the archives, and provide an easy-to-use, cost-effective and environment-friendly resource.
A joint will may only be made by spouses or registered partners (Sections 583 and 1248 of the Austrian General Civil Code).
In the case of a negative recommendation, applicants are also informed of their right to enter an appeal against the recommendation to the Refugee Appeals Board and the relevant procedure to be adopted in this regard.
The Handbook also provides for a complete explanation of the major case-law of the Court of Justice of the European Union interpreting particular provisions of the Framework Decision on EAW.
Organic Law: relating to the development of fundamental rights and civil liberties, those which approve the Statutes of Autonomy and the general electoral system and the others specified in the Constitution.
Summaries of the case law of the European Court of Human Rights are available in Riigi Teataja.
A marriage is also null and void if one of the spouses was living in lawful matrimony with a third party when the marriage was contracted or if the marriage was unlawfully contracted between blood relations.
If an admissible appeal is filed in a timely manner by an entitled party, the ruling does not become final until the appeal court has reached a final decision on the appeal.
Notifying the heirs of the bequest is sufficient indication that the beneficiary wishes to assert his/her rights on the basis of the will.
Either spouse is entitled to maintenance, regardless of the type of divorce.
Family mediation is a process which spouses or partners experiencing difficulties can voluntarily decide to use in order to resolve their dispute involving one or more mediators.
Bankruptcy proceedings do not exist for undertakings of the financial sector, however supervisory bodies have the possibility to intervene as soon as the early stages of any deterioration in their financial standing in order to avoid insolvency and funds must be created (Damage Settlement Fund, Investor Protection Fund, Deposit Insurance Fund) to protect customers and to compensate them.
Fees are paid to the court dealing with the case at first instance or on behalf of which the fee is being collected.
For hearings under Article 17, if the requesting court informs the central body of its intention to take evidence from a witness under oath, the central body may request the text of the oath.
Article 29(1)(c) - Means of communication Pursuant to Article 125 of the Code of Contentious Civil Procedure an application for action may be made in writing or electronically.
The general principles of the judiciary are set out in the Constitution and in the parliamentary act governing the courts.
Such appeals are, however, limited to points of law.
Freedom of testation is restricted by the institution of reserved share, which restricts the testator’s freedom to leave his or her property to the heirs of his or her liking.
1.5 Rules concerning the taking of evidence Collection of evidence is governed by Chapter XIII of Part II of the Code of Civil Procedure.
Only interest corresponding to a minimum period of one year can be capitalised.
An appeal lies from all decisions of the High Court to the Supreme Court in divorce/judicial separation/nullity proceedings which commence in the High Court.
A witness is heard by the court.
If the judgment does not contain instructions on the deadline for lodging an appeal, or if it incorrectly states that an appeal is not allowed, an appeal may be lodged within three months of the decision’s notification.
Institutional set-up: The Lithuanian Parliament [Seimas] is the only institution entitled to adopt laws.
If, on the basis of the evidence produced (Article 8 of the ZPP), the court cannot establish a fact with certainty, it will decide on the existence of the fact by applying the rules on the burden of proof.
Any compensation resulting from termination is also considered a claim against the insolvency estate.
The central sending authority of the debtor’s country may subsequently contact Romania’s central receiving authority: the Romanian Ministry of Justice, for applications filed under Regulation (EC) No 4/2009 and the Hague Convention of 2007, or the Bucharest Bar Association (Baroul Bucureşti), for applications filed under the New York Convention of 1956.
Pursuant to Article 119 of the Spanish Constitution, legal aid is a procedure whereby those who can demonstrate a lack of sufficient financial means are granted a series of benefits mainly consisting of exemption from payment of lawyers’ and legal representatives’ fees and costs arising from expert testimonies, guarantees, etc.
In principle, conducting court proceedings involves costs.
In 2009, regional offices of the Administrative Court opened in Birmingham, Cardiff, Leeds and Manchester, making it possible for claimants/applicants to issue certain types of applications closer to the region with which they have the closest connection.
How to search the Greek insolvency register – History of the Greek insolvency register
It exercises sanctioning powers.
For those cases where no proof of debts takes place, there are no rules requiring the creditor to submit his or her claim in any particular way.
Evidence that the events were reported to the public authority.
Member States will communicate the courts or other authorities competent to receive such requests.
In the event of the death of the former spouse ordered to pay maintenance, the obligation devolves to his or her successors in so far as the inherited estate allows, irrespective of the manner of acceptance of the estate.
The summons is issued no later than one week before the hearing.
The objectives of EJN-civil Since its inception, the EJN-civil has been an important tool for providing support for the implementation of EU civil justice instruments in daily legal practice.
If the applicant is unable to substantiate his or her claim, the application is dismissed, irrespective of whether the defendant submits argument and supporting evidence in defence.
What type of movable property can be registered?
The application must be accompanied by supporting documents showing the validity of the claim (invoices, lease agreement, contract of sale, credit agreement, statements, etc.).
Its duties include negotiating with and lobbying government, its independent regulatory arm (IPReg) and other relevant organisations.
There are, however, two cases provided for in Article 40 of the Brussels IIa Regulation where an application for a declaration of enforceability is not necessary, and the certificate issued by the court of origin under the Brussels IIa Regulation is sufficient to enforce a judgment given in another Member State in Portugal.
Notarial deeds also provide an enforceable title.
Article 12 of the Compensation Directive requires that each EU country sets up a national scheme of compensation to all victims of violent intentional crime.
However, the court may learn of the death of a deceased person by other means, e.g. from the police, from a healthcare facility or from any heirs.
3.3 the minor children of the spouses There are none, since the divorce proceedings are separate from and independent of the custody proceedings, unless the divorce was granted on grounds of an attempt on the life of the children or physical abuse of the children.
In consumer cases the court with jurisdiction is the court of the place of the consumer’s residence or domicile, and in cases concerning real property rights and evictions or repossessions the court with jurisdiction is the court of the place where the property is located.
Responsibility before the law Attorneys at law who breach professional obligations or bring the profession into disrepute are answerable to a disciplinary council selected by the local Chamber of Lawyers.
Waiver of the inheritance: The heirs are not liable for the liabilities of the estate if they waive their inheritance by the stipulated deadline.
A further exemption clause (Section 101(2) of the Non‑contentious Proceedings Act ) provides that no costs are to be awarded in proceedings concerning maintenance claims for children who are still minors.
The resources taken into account are the legal aid applicant’s average monthly resources of the last calendar year, as well as the resources of persons living habitually in the applicant’s home, where appropriate.
The Federal Administrative Court publishes preliminary ruling proceedings before the European Court of Justice on the Internet.
By law some instruments require the involvement of a notary to record an agreement reached between the parties (‘authentic instruments’, actes authentiques/authentieke akten).
In civil matters, they have jurisdiction to try personal and movable property actions up to a value of €4 000, save for matters which are reserved to the district court (tribunal d’instance).
The deadline for appeal is 20 working days as of the day following the notification date of the judgement.
Their contact details can be found on the website of the Social Insurance Board.
Information is provided in these factsheets about how to complain and to whom.
In the absence of choice, Article 4 of the Regulation applies, which explicitly specifies the applicable law in each case.
It may be handed in at the court secretariat, pushed through the court’s letterbox or placed in its post box, handed over to a court official, or sent to the court by post.
The bankruptcy estate is the property of the debtor in bankruptcy, which is realised to cover the expenses of the proceedings and to pay creditors’ claims.
They must take the oath and are questioned individually by the judge.
In accordance with the Austrian federal constitution, each of the nine federal provinces (Bundesländer) is subject to its own provincial constitutional law in addition to federal constitutional law.
Information on the website is available free of charge.
Annex III - The courts with which appeals referred to in Article 43(2) may be lodged - in Greece, the Εφετείο.
If, at the time of death of the testator, an heir is not yet alive, the sequence of heirs defined by the testator ends when the first such heir assumes succession.
One of the new tasks assigned to the Central Authority under the EU Maintenance Regulation is that it can now also process certain applications by parties liable for maintenance.
The final decision on succession is not binding on persons claiming entitlement to a right to what has been determined as being part of the estate, provided that they have not participated in the probate hearing as parties and have not been duly summoned to it in person either.
Official government announcements relating to the re-organisation of bodies or services through dissolution, merger and restructuring, pursuant to Law No 35/2014 (General Law on Employment in the Public Sector) and Decree-Law No 200/2006 (general system for the dissolution, merger and restructuring of public services and streamlining of staff).
Legal aid must be granted to a party if his or her income, financial circumstances and maintenance obligations are such that he or she cannot afford the cost of legal proceedings without encroaching on the level of resources (notwendiger Unterhalt) necessary to maintain a modest standard of living.
Bulgaria(148 Kb):The Supreme Judicial Council and the State Commission on Information Security are responsible for the organisation of training.
Training is provided by a mix of public, private and European structures.
A court is also administered by the administrative director of the court within the scope of the law.
Publicity and determination of price for the sale of seized assets Seizure occurs when the bailiff removes movable property (Article 954 Code of Civil Procedure) or seizes immovable property in the ownership of the debtor or a right in rem of the debtor against immovable property (Article 992 Code of Civil Procedure) and a report is drawn up in the presence of an adult witness.
England and Wales is divided into 42 prosecution areas, each of which is headed by a chief crown prosecutor.
According to the value of the claim, the case will be heard in the first instance by the justice of the peace or by the general court.
In addition to the above, in the cases specified by law, service may be carried out by special service entities, e.g. through court staff (e.g. serving summons to civil trials in the event of urgency).
It is also possible to search for information on non-valid owners and authorised persons.
An unpaid legal act (or legal acts of disproportionately low counter value) can be contested when committed in the period starting 36 months before the submission of the request to launch bankruptcy proceedings and ending upon the opening of bankruptcy proceedings.
In some cases, the minimum value may be equal to the base value.
What does the Swedish insolvency register offer?
A time limit fixed by a court may be extended only once on the motion of a person concerned if there are legitimate reasons for this.
That website also contains the methodology for establishing the base rate.
The state will then grant legal aid to the person recognised as a victim (help with the drawing up of procedural documents and representation in pre-trial and trial proceedings).
The territorial jurisdiction of the court is determined in accordance with the rules on territorial jurisdiction of courts in enforcement proceedings.
Generally solicitors provide legal advice to clients.
The division of the property in the estate between the heirs ends their joint ownership.
Other documents (that are not intended for personal service) are deemed served on the day they are placed in a mailbox or, if served by posting on the official notice board of a court, on the tenth day after posting.
The position of lawyers in trading companies in the Republic of Croatia is not regulated by separate regulations.
If parents do not live together and cannot reach an agreement on who will take custody of the child, the dispute is settled by the district court of the area in which the child is habitually resident, after hearing him or her, provided that he or she is at least 10 years old.
He implements redundancies and may opt for the continuation of current contracts.
If the register contains data that are inadmissible in terms of the law, the registry court, after having given a hearing to the persons concerned at a meeting or after having ordered them to submit a written statement, shall automatically remove the data.
However, lawyers do have a statutory right to an advance.
Taking a statement of assets The bailiff charges a fee of EUR 33 for taking the statement of assets, in accordance with point 260 of the schedule of fees annexed to the Bailiffs’ Costs Act.
d.
Apart from the Framework Decision, which applies to criminal proceedings in general, there are a number of EU instruments which contain special rules on preventing and settling conflicts of jurisdiction, such as the recently adopted Framework Decision on the fight against organised crime.
Under this procedure, the bailiff tries to recover the payment of the claim; if this does not succeed, he seizes found objects.
It is impossible to estimate costs, as they will vary from one case to another.
Legal services may be provided in the Czech Republic only by: lawyers registered with the Czech Bar Association European lawyers.
The Organic Law on the Judiciary lays down three career categories: Supreme Court judge (magistrado del Tribunal Supremo), Senior judge (magistrado), Judge (juez).
An agreement on succession may be drawn up only in the form of an authentic instrument, i.e. as a notarial deed.
The videos (of an interpreted police interview, a legal consultation and a court hearing) indicate good practices and potential pitfalls in working with interpreters, in a user-friendly format.
If the amount is more than €2 000 the application must be signed by a lawyer and a court representative.
The judge monitors these fees in a marginal way (he or she may intervene in the event of disagreement between the parties and the expert) but there is no legal text establishing the amounts of experts’ fees.
Notaries are overseen by the Ministry of Justice.
All decisions that are given an ECLI after that date have an ascending serial number consisting solely of figures.
The compulsory portion may be waived while the testator is still living.
The Chamber of Notaries organises and provides support for notaries’ activities, protects and promotes the prestige of the profession and maintains relations with international organisations pursuing similar activities.
Only in exceptional cases is there a right of appeal (third tier) to the Supreme Court (see below).
Costs in criminal proceedings are regulated by Sections 380–395 of the Code of Criminal Procedure (Strafprozessordnung — StPO).
Payment should be made directly through a bank or financial institution in Belgium approved by the country of the applicant.
Bank charges are payable by the applicant.
There are special rules for matters involving other EU Member States in the Insolvency Regulation.
Expert witnesses: The court takes evidence from an expert witness when technical knowledge is required to establish or clarify a given fact and such knowledge is not available to the court (Article 243 of the ZPP).
Notarial acts under the signature and seal of a notary are recognised as evidence of a responsible legal officer in all countries of the world.
Solicitors The Law Society of Ireland has control over the education of students who want to become solicitors and has disciplinary powers over qualified solicitors.
Subordinate instruments, which are legislative instruments adopted on the basis of a law intended to give it concrete form and ensure its implementation.
The Judicial Council decides on promotion to a higher judicial position and on promotion in grade.
Only in exceptional and justified cases can mediation exceed this period.
The application for divorce falls within the competences of the court.
At the Brønnøysund Register Centre website you can access key information through our search engine.
Article 2(4)(d) – Languages that may be used for the completion of the standard form set out in Annex I Portugal will accept forms completed in Portuguese, English or Spanish.
‘Article 7 (Presumptions arising from registration) Definitive registration constitutes a presumption that the right exists and pertains to the registered holder, in the precise terms in which the registration defines it.’
If a reservation has been entered in a land register for the purpose of securing the claim for acquisition or revocation of rights over one of the debtor’s properties, or over one of the rights entered in favour of a debtor, or for securing the claim for a change of content or the priority of such right, the creditor may settle their claim as a creditor from the bankruptcy estate.
If, on the other hand, it transpires that the income is excessive, the applicant must reimburse the excess to the respondent as and when the excess is received.
The respondent may also ask for the pledge to be limited to part of the property or transferred to other property.
Regardless of whether such mediation agreements were reached in Luxembourg or in another European Union Member State, they are enforceable within the European Union under Directive 2008/52/EC.
21–27).
Two and a half times the IPREM in force at the time of making the request, where the persons in question are part of any of the types of family unit with fewer than four members.
Maintenance obligations The applicable law is determined in accordance with Article 4 of the Hague Convention of 2 October 1973, ratified by Greece by Law 3137/2003, i.e. it is the law of the state in which the beneficiary has his/her habitual residence.
A legatee (testamentinsaaja) may be either a natural person or a legal person.
The criterion for determining the general court of a legal entity is its registered office (see Sections 136 – 137 of Act No.
89/2012 Coll., the Civil Code).
However, the judgment debtor may object once the enforcement has been notified.
The LBIO may, if necessary, proceed to collection by means of levying execution.
Such a will remains valid for three months from the time the testator first becomes able to make a will before a notary.
The rules on international jurisdiction in disputes with cross-border implications are laid down in Book VII, International Civil Proceedings, of the Code of Civil Procedure.
1.6 Statement of opposition A statement of opposition employed in seeking a remedy is to be filed within 15 days of its service at the court that issued it.
It must be supported with reasons.
The Office of the Attorney General is also the competent authority in most matters concerning legal cooperation in the civil, commercial and criminal law fields.
The competent courts in the Republic of Poland for the appeals referred to in Article 32(2) of Regulation (EC) No 4/2009 are the courts of appeal (sądy apelacyjne) (Article 394 et seq., in conjunction with Article 11511 of the Code of Civil Procedure).
It was amended in 2014 by the Protection of Children’s Rights Law of 2014 [44(I)/2014], in order to handle additional issues.
The testator is given a copy of the will after the original has been signed.
They must also be signed in the presence of at least two witnesses, all present at the same time, to confirm and endorse the will in the presence of the testator.
In the absence of any children and grandchildren or if these have waived their rights to succession or have been debarred, the share of the person who has died or has waived the right to succession or has been debarred devolves to the grandfather or grandmother in the same line, and in the absence of such a grandparent or if that grandparent has waived the right to succession or has been debarred, it devolves to his/her children and grandchildren.
Once again, children of the parents of the testator only inherit if the parents of the testator are already deceased.
There is no information on aggregate costs for proceedings in Greece.
Due to Germany’s federal structure, there are different forms of notary.
If the applicant is in another Member State, he should be able to contact the Directorate-General of Justice Administration via the central authority of the Member State where he is based.
In the performance of their duties, certified bailiffs apply the Law on civil procedureand other laws and regulations, and use the methodology approved by the Latvian Council of Certified Bailiffs (Latvijas Zvērinātu tiesu izpildītāju padome, the representative and supervisory body for certified bailiffs in Latvia) and recommendations arising from case-law.
Eurojust is composed of 28 National Members, one from each EU Member State.
In compulsory settlement proceedings, notification and verification of claims take place especially to assess the procedural legitimacy of a creditor to vote on a compulsory settlement.
If the marriage was contracted under the Civil Code, the divorce dissolves it, and if the parties were married in church, with the marriage being duly recorded in the civil register of births, marriages and deaths, the divorce terminates its effects in civil law.
C. Where an heir has not exercised the right to waive the succession within the deadline set (i.e. four months, or one year if the deceased or the heir resided abroad at the time of the opening of the succession - Article 1847 of the Civil Code), there is deemed to be notional acceptance of the succession (Article 1850 of the Civil Code).
Any legal act through which the defendant violates this obligation is invalid.
Fixed costs in criminal proceedings Fixed costs for parties in criminal proceedings The court has the discretion to decide on costs in criminal proceedings once the final decision is rendered.
Should this happen, joint management by the beneficiaries will end and they will cease to have the right to make decisions concerning the estate even unanimously.
Sources of information relating to legal expenses Where can I find information on legal expenses in France?
If the child’s habitual residence at birth was in Sweden, however, the question will always be decided in accordance with Swedish law.
This is following by an examination of the IT system, including the basic characteristics of the system, the nature of the data and the level of security ensured by the organisational and technical data protection measures taken by the data processor, as provided for in Articles 6 and 10 of Law No 2472/1997.
It must also set out the amount of the claim, a description of how the claim arose/the cause of action and the details of any demands that were made for payment.
The Estonian Association of Mediators has drawn up a professional standard which will be required for conciliators wishing to act as family mediators in Estonia.
For example, it lays down where mediation begins and ends, who appoints the mediator, the mediator’s basic rules of conduct, the form of the dispute settlement agreement, how to ensure it can be enforced, etc.
Parental responsibility is an obligation for both parents.
Annex II - The courts or competent authorities to which the application referred to in Article 39 may be submitted - in Luxembourg, the presiding judge of the tribunal d'arrondissement.
In bankruptcy proceedings, the costs of the proceedings and expenses during the proceedings are charged to the bankruptcy estate before claims are paid from the distributable estate.
Access to these judgments is free of charge.
The doctrine is not unanimous as to whether national law accepts the right of ownership and other rights in rem over immaterial objects, e.g. ownership of a commercial establishment or intellectual property.
In such cases, the court examines whether there is a valid choice of court clause (Article 110 of the Code of Civil Procedure).
They can be adopted without the opposing party to the proceedings being heard (without prejudice to their right to object to the measures once they have been granted); however, they expire if the corresponding claim has not been filed within twenty days of their being granted.
Likewise, at the request of the administrator, the initial arrangement for limitation or exchange of powers may be modified at any later stage, also by reasoned decision and having heard the debtor (the change is not automatic), with the requirement that this change be given the same publicity as was given to the insolvency order.
The parents and siblings, as well as the children and grandchildren of any siblings who died before the deceased or who have waived their rights of succession or have been debarred, inherit the estate per stirpes (Article 1814 of the Civil Code).
Identification takes place after the taking of the oath, governed by Article 251 of the Code of Civil Procedure.
In the case of dispositions mortis causa that were drawn up prior to this date and placed in safe custody, the relevant details of the registry offices will be transferred to the register.
Discrimination/unfair treatment in the area of education You should not be treated unfairly or differently in education because of your race, age, sexual orientation, etc.
Professional association The chambers of notaries, established by law in the area of each regional court and the Prague municipal court, comprise all notaries established in the corresponding area.
The role of victims in criminal proceedings and the relevant law of the Member States differ considerably from one Member State to another.
The members of the ORK conduct their work without intervening in ongoing judicial proceedings.
The President of the Kúria (Supreme Court) is a member of the NJC, whereas its other 14 members are elected at a meeting of judge delegates from among the delegates by simple-majority, secret ballot voting.
BUSINESS DEBT RESTRUCTURING UNDER THE BUSINESS DEBT RESTRUCTURING ACT All claims covered by a business debt restructuring have equal rights.
More information on court staff categories can be found here(456 Kb).
If the respondent does not live in Spain the application may be filed wherever he or she is in Spain or in his or her last place of residence in Spain or, failing all the above, in the place of domicile of the petitioner.
However, certain assets may not be attached, such as basic necessities, e.g. clothing, food, workmen’s tools, specialist literature and items used for the purposes of education, art and science.
Where a defendant cannot be found at his/her permanent address and no person is found to receive the notice, the server must affix a notification to the door, or to the mailbox, stating that the papers have been left in the court office and may be received within two weeks from the date of the notification.
A court may commence proceedings in matters of care of a court for a minor even if no petition has been lodged.
The District Court comprises the President of the District Court and 63 other judges titled ‘Judge of the District Court’.
This organisation plays an important role in debt settlement proceedings.
Criminal courts Only judgments of significant points of law are published for the Sheriff Courts and the High Court of Justiciary, which is the Supreme Criminal Court for Scotland.
In providing primary legal assistance, offices are authorised to offer general legal information, legal counselling, and draw up petitions.
Subsequently the Court may either reject the proposed recovery plan, or it may accept and approve it in whole or in part and may require amendments thereto.
The court establishes the contribution of each parent to the expenses related to the children’s upbringing, education, schooling and vocational training.
If you wish to defend your rights as an associate of a firm, challenge a decision of the shareholders of a firm, obtain the cancellation of the incorporation of a firm, obtain the closure of a firm or launch insolvency proceedings, you need to apply to the provincial court where the firm has its registered place of business.
The Romanian Code of Civil Procedure sets out a list of direct and indirect enforcement measures.
A state attorney is responsible for performing tasks relating to the area of competence of the State Attorney's Office (državno odvjetništvo) that he/she represents and manages.
Annex III - KEY STEPS FOR USING VIDEOCONFERENCING IN CROSS-BORDER PROCEEDINGS
Will medical certificates, given by doctors in my country of residence, be accepted or recognised – or will my health/injury have to be examined by your own medical experts?
It is by nature a lump sum paid, in principle, in the form of capital: either by payment of a sum of money, the method of payment to be agreed; or through the allocation of assets for ownership or of a right of use, dwelling or usufruct, either on a temporary basis or for life.
How do you search for an authorised interpreter or translator in Sweden?
The requirement to prioritise electronic service of documents is not set out in law, but it helps the court to save on postal charges.
A notarised will is drawn up by the notary in the presence of two witnesses.
Appeals do not suspend enforcement proceedings, but the court may decide to stay proceedings pending a ruling on the pleas in law set out in the appeal.
The remaining third will be freely distributable.
Presided over by a judge Industrial Tribunal First instance This tribunal hears cases related to unfair dismissal and discriminatory or other unlawful treatment in the workplace.
Judicial office is permanent and a judge may not perform any other duty.
In cross-border cases within the EU, the European small claims procedure may also be used.
If territorial jurisdiction is regulated by a directly applicable EU regulation, which has precedence over the national legislation (see certain provisions of Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, which not only regulates international, but also territorial jurisdiction), the rules of exclusive territorial jurisdiction under Czech law may not be applied.
There are more than 500 members of the Network who fall under the five categories mentioned below.
It is assumed that a spouse will require maintenance if he or she is bringing up a minor child of the marriage, or if he or she is incapable of working through old age or ill health.
Alternative methods are to have the whole testimony recorded by an official recorder or to obtain an audio recording or video and audio recording if there is legal provision for so doing so or if the chairman of a panel of judges (a sole judge) decides that such methods may be used.
They hear civil and criminal cases.
There may be sections with the same composition.
If a party requires professional legal aid, they may turn to attorneys for legal advice, who are, in accordance with Article 3 ZO, are authorised in Croatia to provide all forms of legal aid, especially in terms of providing legal advice, preparing actions, complaints, motions, requests, applications, extraordinary legal remedies and other pleadings as well as to represent parties.
The guardian has the same rights and obligations as the parents, albeit with the amendments and restrictions set forth by law.
Thanks to KMS, EuroPris can collect responses on policy and operational questions from European jurisdictions and make them available on the website for future reference.
The Bar of Northern Ireland is an association of over 600 independent barristers based in the Bar Library in Belfast.
Article 2(4)(d) – Languages that may be used for the completion of the standard form set out in Annex I Slovenia will accept standard request forms completed in Slovenian or in English.
The basic value of the seized goods is determined by an expert who assesses the value (in the case of immovables).
In principle, it is prohibited for the debtor to pay any claim arising prior to the judgment opening the safeguard or judicial reorganisation proceedings.
The court fees for proceedings pursuant to the Act on Forced Sales and Receivership are determined by Part 2, Section 2, Subparts 1 and 2 of the schedule of fees annexed to the Court Costs Act.
As a preliminary point, it is important to emphasise that in Portugal, in the event of divorce, separation, annulment of marriage, and in cases where there is no marriage or co-habitation of the parents, the decision on the exercise of parental responsibility must always be taken on the basis of three fundamental aspects: the custody of the minor, the visitation regime and the maintenance due to the minor.
This does not, however, apply to claims that are not covered by the restructuring.
In such cases, the recipient will sign the proof that the documents have been received.
In such disputes, the authority issuing the application is the Bar Association for the habitual residence or domicile of the applicant.
3 Conflict of law rules 3.1 Contractual obligations and legal acts Relevant conflict of law rules enshrined in the PILA: Article 28(1): The law applicable to contractual obligations shall be determined by Regulation No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (OJ L 177 of 4 July 2008, p.
In what languages can I obtain information on cost sources in Romania?
Since 2007, in particular, such events have been organised under more than 15 European programmes funded by the European Commission.
For details on the published acts, and on their online availability, please see the following sections.
The e-product (e-Monitor) is available at this address.
Legal separation means that the spouses no longer live together, in other words it terminates the obligation of cohabitation but the marriage bond remains valid, without affecting whatever maintenance arrangements may be arrived at as being appropriate to correct any imbalance.
Statutory interest is therefore straightforward interest on default, the amount of which is defined by law depending on whether the case in question is covered by civil or commercial law.
An appeal can be lodged with the court of appeal against the ruling of the court at first instance.
The agreement may mean that a single court has exclusive jurisdiction.
Data protection body The State Data Inspectorate (Datu valsts inspekcija, ‘DVI’) supervises the protection of personal data.
The grounds for a marriage annulment differ depending on whether it is a voidable marriage (where a vitiation of consent or failure to secure the authorisation of persons who should have authorised the marriage is invoked) or a void marriage (in the case of non-fulfilment of a public policy requirement).
The European Business Register (EBR) provides ready access to reliable information on companies all over Europe.
Decisions handed down by the district court are subject to appeal before the regional court in accordance with the general rules within two weeks of receiving a copy of the decision.
Customary law plays only a very restricted role.
Criminal proceedings in Estonia begin with pre-trial proceedings, which in general are conducted by the police and the prosecutor and during which evidence is gathered about the perpetrated crime and the alleged offender.
If I'm not satisfied with the authority’s decision, how can I challenge it?
Legal aid Under the Legal Aid Act, the principal objective of the Legal Aid Service (Jogi Segítségnyújtó Szolgálat) is to provide professional legal assistance to persons with social needs for the enforcement of their rights and the resolution of their legal disputes – within certain limits and in a specific form.
The decision of the High Court on an appeal from a decision of the Circuit Court in divorce/judicial separation/nullity proceedings is final and conclusive and not appealable - Sec.
39 of the Courts of Justice Act, 1936.
But the court will hear the case as if all parties were present, because failure to appear in proceedings for provisional remedies is not deemed to constitute an admission of the facts alleged in the application.
3 What are the legal consequences of a divorce as regards: 3.1 the personal relations between the spouses (e.g. the surname) If one of the spouses took the other spouse’s surname, that spouse has the right to revert to the surname that he or she last used before the marriage.
Regulations Regulations (Verordnungen) are general legal provisions made by administrative authorities which are binding on all persons subject to the law.
More detailed rules for submitting electronic documents to the courts and requirements for the form of documents are laid down in a Regulation enacted by the Minister for Justice.
If Irish choice of law rules indicate that foreign law is to be applied, but if neither party produces evidence of what that law is, the court will usually presume it to be the same as Irish law unless the contrary is proved Expert evidence is usually adduced to prove the content of foreign law and it is not sufficient for the parties to put the text of a foreign statute, case, or authority before the court.
At national level the OM is governed by the Board of Procurators General (College van Procureurs-generaal) in The Hague.
If necessary, a time limit comprising at least 3 days is extended so as to include at least 2 days that are not Saturdays, Sundays or generally recognised public holidays.
The court always assesses the expert witnesses’ opinion freely.
Disputes in civil law are normally heard by a general court.
It is possible, however, the parties may agree that the dispute settlement agreement is to take the form of a directly enforceable notarial deed, a court settlement or an arbitration award based on the settlement.
If a party to the proceedings asks the court to examine a witness, a party or an expert who is to testify via videoconference but who does not speak Greek, the responsibility for finding interpreters and paying their fees lies with that party.
The judicial courts have general jurisdiction in civil and criminal matters and also exercise jurisdiction in all matters not assigned to other courts.
It seeks to promote international cooperation in the identification, tracing, freezing and confiscation of criminal assets.
Presided over by a magistrate Rural Lease Control Board First instance This Board hears cases dealing with rural leases and claims made by owners regarding termination of lease.
Once the report has been received, the sheriff officer can arrange to remove the attached items and sell them at a public auction, which the sheriff officer must attend to record, which, if any, items are sold and the price they are sold for.
There is no provision in Spanish private international law for unmarried couples (which means, in principle, resorting to analogy).
In most cases, a creditor can access a register by requesting information on the debtor’s assets from the register’s operator.
The debtor need not be summoned to appear.
As a rule, probate proceedings are conducted by a notary public as a trustee of the court and only exceptionally by the court.
2.4 Exceptions to the normal application of conflict rules Violation of public policy The provisions of foreign law specified by the conflict-of-law rule do not apply if they violate the fundamental principles of the Portuguese State's international public policy.
There is also coordination with the various central authorities designated under a number of different regulations (Regulation (EC) No 2201/2003, Regulation (EC) No 4/2009, Regulation (EC) No 1393/2001 etc.).
To the extent that a creditor’s claim admitted in bankruptcy proceedings was not satisfied in the bankruptcy proceedings, the ruling is the enforcement instrument unless the debtor has filed an objection to the claim or the court has admitted the creditor’s claim.
For the purpose of the District Court, the country is divided into 24 districts to each of which one or more judges is permanently assigned.
Children of working age (18 years or over) pursuing further education are entitled to maintenance irrespective of the presumption of need if they require maintenance to be able to pursue their studies within a reasonable period of time.
Administrative courts of first instance sit as a one or three-member panel, depending on the monetary value of the dispute.
Complaints with regards to the issue of children's registration with clubs, whereby children are exploited by the clubs thus not giving them the opportunity to benefit from and participate in sport.
Otherwise, the application is set for hearing and the court makes a decision based on the testimonies brought by the two sides.
System unknown in French law.
6 Short description of the procedure to settle a succession under national law, including the winding-up of the estate and sharing out of the assets (this includes information whether the succession procedure is initiated by a court or other competent authority on its own motion) Succession is opened on death, at the last place of residence of the deceased.
However, in the first instance, the appointment of a lawyer to the child is mandatory in the following cases: when the interests of the minor and those of their parents, legal representative or guardian are conflicting; when a child with appropriate maturity requests it from the court.
The Polish Code of Civil Procedure provides information on mediation in Articles 183¹ to 183¹5.
Article 5 of the ZUODNO states: “Ethnically mixed areas within the meaning of this Act are those defined as such by the current statutes of the municipalities of Lendava, Hodoš-Šalovci, Moravske Toplice, Koper, Izola and Piran.” 4.
The Judge will also issue a decision if the defendant (hereafter ‘the judgment debtor’) raises an objection to the enforcement and initiates the specific opposition procedure to enforcement that is set out below.
Jurisdiction over accounting matters is exercised by the State Auditors’ court (Corte dei conti).
The aim of the NCHS is to provide constant guidance to all government bodies on the need to uphold the human rights of all persons residing on Greek territory.
The results of a forensic examination are detailed in a forensic expert report (also known as an expert opinion).
In future, the state or local government may offer mediation and cover the costs of certain mediation services.
Nevertheless, the Code of Civil Procedure provides for the presence of a person responsible for ensuring the functioning and operation of the necessary technical equipment for interviews via a closed-circuit telecommunications network in the room used for such purposes.
According to Article 36(1) of the Law on Criminal Procedure, a public prosecutor supervises and carries out investigations, prosecutes, argues accusations on behalf of the state and performs other functions in criminal proceedings.
To that end, it may request that other authorities provide the necessary evidence and clarifications.
The executive officers and owners of the debtor are not restricted in the exercise of their rights, but they may only exercise their rights without infringing the rights provided for the administrator by law.
Where an application is made by mutual agreement, jurisdiction will lie with the court of the location of the last shared home or of the domicile of either spouse.
In the event of separation or divorce, the court establishes that regular maintenance is to be paid (see previous section).
The requirements for assistant judges are laid down in the Courts Act A judicial clerk is a court official who participates, either independently or under the supervision of a judge, in the preparation and the handling of cases to the extent provided for in the Act governing the court procedure.
The application will be decided by the court with jurisdiction to hear the application to have the judgment set aside (i.e. the trial court), which must also be lodged within a two‑week time limit.
The court with territorial jurisdiction is the court of the place of domicile or residence of the party entitled to maintenance [Article 39A CCP] or of the defendant maintenance debtor, if the application is combined with matrimonial disputes or disputes between parents and children, or the court of the last joint habitual residence of the spouses.
If once the pledge has been made it transpires that the income pledged is insufficient, the applicant may specify other property.
Enforcement measures for paying monetary claims are: the sale of the debtor’s movables, the sale of immovables, the transfer of the debtor’s monetary claim, the redemption of other proprietary or material rights and book-entry securities, the sale of a company member's stake and the transfer of money kept at a payment institution (i.e. banks).
Insolvency petitions may be filed by debtors or creditors alike, except in cases of impending insolvency, when they may be filed only by the debtor.
Each of those 144 courts has 2 videoconferencing facilities.
Brief description of contents Please refer to the Ordinary Courts website.
According to the Code of Civil Dispute Procedure, an application may be made to re-open proceedings if the possibility to review a judgment ensues from special legislation, including Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure.
In accordance with the provisions of Article 49(1), the form in which the marriage is celebrated shall be governed by the law of the country in which it is celebrated.
Only the descendants of the deceased (children or – if the children have predeceased – their children) are entitled to a reserved share.
Lay judges are entitled to compensation for loss of earnings, the amount being determined by the Legal Remuneration and Compensation Act (Justizvergütungs- und -entschädigungsgesetz) (Section 55 GVG).
Parties to preliminary and main insolvency proceedings In preliminary proceedings, procedural acts may be performed by a petitioner of the proceedings, a debtor against whom the petition was lodged for opening the proceedings when the debtor is not the petitioner, and a creditor who can demonstrate that it is likely to have a claim against the debtor against whom the petition for opening the proceedings was lodged, provided that that creditor communicates its intention to participate in the preliminary proceedings.
These qualifications must be valid throughout Spain.
The debtor has under Chapter 12 §15 of the Code of Judicial Procedure the right to apply for a re-trial within thirty days from the date when he received verifiable notice of the judgment.
The rules are laid down by the Code of Criminal Procedure and by the Grand-Ducal Regulation of 21 March 1974 on the fees and remuneration payable to solicitors and lawyers.
Its main objective is to increase the employment rate and thus reduce unemployment.
The Supreme Court, as the court of constitutional review, then examines the case further and is authorised to declare any such instrument unconstitutional (but not invalid).
Exemptions are provided for in civil and administrative court proceedings, whereby courts do not disclose in their judgments, either on their own initiative or at the request of the individual in question, the name of the individual (replacing it with initials or other characters), their personal identification number, date of birth or address.
The appeal, duly submitted within the required period, gives rise to a fresh assessment of the merits of the case, and the court of appeal issues its ruling both in fact and in law (devolutive effect of the appeal: efectul devolutiv al apelului).
In this capacity they try minor offences (contraventions or infractions) punishable by fines of between EUR 25 and 250, and intermediate offences (délits) where the case is referred to the police court by the pre‑trial division (Chambre du Conseil).
It is not possible to make it orally in court.
Short explanation of the possible outcomes of the proceedings The preliminary plan of action is then studied by the volunteer and the Coordinator and a way forward is established.
The grant will confirm their authority to deal with the estate in accordance with the will or intestacy rules as the case may be.
In an action for compensation of non-material damage, the amount of the compensation claimed may be left unspecified and fair compensation at the discretion of the court may be requested.
If the heirs fail to reach an agreement despite having appointed a notary to act as an intermediary, the only remaining option is to take legal action.
In civil matters the commencement of mediation proceedings interrupts the limitation period.
Information on the length of proceedings can be found on the website of the Courts of the Hungarian Republic (Magyar Köztársaság Bíróságai).
BANKRUPTCY If the bankruptcy estate’s assets are insufficient to pay the bankruptcy costs and the debts of the state itself, the bankruptcy must be written off (please see above regarding bankruptcy costs and debts of the estate).
The amount of compensation per person is the minimum monthly wage (470 euros in 2017).
If it is found that national jurisdiction does not apply, the court rejects the claim or application.
The Republic of Croatia only pays compensation provided that the conditions and requirements laid down in the Act are met, and only if the violent crime was committed in its territory (in that regard, the Republic of Croatia does not pay compensation for crimes committed in another country).
A ruling ordering a preliminary measure must include an indication of the value of the claim being secured, including interest and expenses, the measure used to secure the claim, and the time for which it is being ordered.
The testator may dispose of his or her entire property in the will.
If the addressee does not receive the documents but the documents have been validly served by leaving a copy at the address, home or place of work of the addressee, service is deemed to be complete and valid.
An arbitration agreement must be in writing.
The following goods are therefore not eligible for attachment: The goods listed in Article 1408 Judicial Code.
Article 15 – Direct service Under Article 15, in the territory of the Federal Republic of Germany only those documents may be served in respect of which German law on civil procedure also explicitly permits such direct service (Article 166(2) ZPO).
Applications for divorce, separation or marriage annulment must be lodged with the regional court (sąd okręgowy) having jurisdiction over the last common place of residence of the spouses.
In the absence of such a court, applications must be lodged with the regional court having jurisdiction over the place of residence of the applicant.
Fundamental ‘social’ rights: economic, social and cultural rights.
The Ombudsman informs the head of the department concerned or as the case may require the chief executive officer of the organisation concerned or the mayor of the local council concerned of his intention to investigate.
The Central Body is responsible for supplying information to the transmitting agencies and seeking solutions to any difficulties which may arise during transmission of documents for service.
A creditor can recover the debt from the spouses’ joint property.
Prior information to be provided by legal representatives Rights and obligations of the parties Legal representatives must provide prior information to the parties to a potential litigation, so that they understand their rights and obligations, their chances of success and the costs involved – including those likely to be borne by the losing party.
Acknowledgement of a child’s parentage shall be governed by the lex patriae of the child at the time of acknowledgement.
The template contains the following information: keywords; summary of legal areas; alphabetical index; legislation applied in the judgment (number and year of the act, articles); abstract of the judgment (personal data are not made available: names and personal details of the parties are not displayed and the names of the judges are not mentioned).
In some cases (for example, those relating to the exercise of public authority), the upper limit is only DKK 2 000.
If the official document is not delivered by the deadline indicated in the second notice, on the next working day the service provider returns the official document and the acknowledgement of receipt with the indication “did not pick up”.
Applicable income threshold in the area of criminal justice for defendants A defendant's right to legal representation does not depend on income, but on the nature of the case.
The mediation procedure shall be determined by the mediator in agreement with the parties, who may terminate it whenever they so wish.
The costs of judicial mediation fall squarely within the scope of the Law on the provision of legal aid to citizens with low incomes (Law 3226/2004).
A registry office or a notary may grant a divorce on agreement of the spouses.
However, there is a series of scales or limitations to attachments and garnishments of wages and salaries that are listed below.
Members of tribunals can include non-legal specialists or experts, such as doctors and lay people, although the chairperson is almost always legally qualified.
Parties can enter into a choice-of-court agreement that provides that any dispute is to be brought only before specified courts at first instance.
Aside from other particulars (Section 40(6) CCP), the records must state the nature of the document.
Maintenance for ex-spouses is paid directly to the maintenance creditor.
Yes, the heirs are responsible for the debts of the deceased person in the proportion and manner established by the testator.
Notaries Notaries are public officers, appointed by the King, whose particular role is to authenticate legal instruments executed before them.
Netherlands Northern Ireland: There is no official national register of forensic experts.
Wills may be handwritten (written entirely in the testator’s own hand and signed by the testator) or notarised, i.e. drawn up by a notary in the presence of two witnesses.
These courts are essentially competent to hear disputes relating to civil law, commercial law, criminal law and labour law.
The said information is also provided by the court office.
To estimate the value of the subject at dispute, account is taken of the claim filed in the action, without taking account of any ancillary claims.
It the Public Defender of Rights does not agree with the opinion of the public authority, or if he considers that the measure taken is inadequate, he makes this known to the body with authority over the public authority against which the complaint is directed or, if there is no such body, to the government of the Slovak Republic.
3 If the other parent does not consent to the child’s removal to another state, though it is necessary, how can the child be removed lawfully to another state?
Some services as transcripts and certificates are subject to a fee.
The title of immoveable property can be transferred to a beneficiary by means of a disposition which should be registered in the Land Register for Scotland, or by attaching a signed document (docket) to the confirmation (or to a certificate of confirmation).
Once the application has been processed or appended to the procedure, the judge summons the parents to a meeting or, in exceptional cases, notifies the respondent to plead as they deem appropriate within five days.
The order for payment can be sought only in respect of certain claims (claim to payment of a sum of money or to delivery of a specific quantity of fungible goods etc.), and subject to certain conditions set out in the Civil Code (e.g., creditors must provide written proof of their claim).
Decree-Law: provisional legislative provisions issued by the Government in extraordinary circumstances and emergencies and which cannot affect the arrangement of basic State institutions, rights, duties and liberties of citizens governed in Title One of the Constitution, the system of Autonomous Communities, nor the general electoral right.
As regards the law applicable to the establishment of paternity, there are different rules for the presumption of paternity and for the establishment of paternity by a court of law.
If the claimant does not have his ordinary court in the Slovak Republic, the court in whose district the point of payment is situated will have jurisdiction (Section 311 CMP).
If not, he or she sends it to the president of the court, who convenes the parties within the next 30 days.
In certain cases, a specialised court must be approached (see reply to question No 3) 2 Where the ordinary civil courts have jurisdiction (i.e. these are the courts which have responsibility for such cases) how can I find out which one I should apply to?
1.3.4 Is it necessary to present written evidence of the claim at issue?
For international cases, i.e. cases of a cross-border nature, once it has been established that the Dutch court has jurisdiction, the local jurisdiction is determined by Dutch law, unless the rule establishing the international jurisdiction also designates the court with local jurisdiction, as laid down in Article 5(1) or (3) of Brussels I (Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters).
Those procedures are: - Application to restore a prior status (Articles 117-122a of the Civil Procedure Act).
The proposal may be amended while it is being debated by the Lower House.
A time limit may be extended on request, if the party which benefits from the extension has unavoidable or very serious reasons for being unable to take the procedural action on time and, in particular, if it would sustain irreparable damage without an extension (Section 128(2) ZPO).
Yes, but (for the time being) only in the Athens Court of First Instance.
In the interests of legal and consistent decision-making by administrative authorities, the Supreme Administrative Court may, in cases laid down by this Act and using a procedure laid down therein, decide on a fundamental resolution as part of its decision-making activity.
If a ‘security for costs’ order is made in favour of a defendant, then the plaintiff will not be able to proceed with their claim unless they pay the sum of money into court as directed by the court order.
No 3 Assets that, in themselves, have no value.
The file includes the action, where necessary (it is not mandatory for district civil courts and precautionary measures) and where the written evidence is submitted by the party to the case.
It was set up by Parliament to provide an independent complaint handling service.
Court intervention is limited in principle to the final stage of the proceedings, in which the civil court judge with territorial jurisdiction ratifies the division.
Refinancing agreements signed by creditors representing at least 51 % of the financial liabilities may be approved by the court.
In specific cases, the Czech Bar Association may appoint a lawyer to provide legal services free.
A building right is identified by the parcel number, an indication of whether it is a building plot, and by the name of the cadastral community in which it has been established.
Information on declarations of bankruptcy of legal entities and natural persons can also be found in the official electronic publication Ametlikud Teadaanded (Official Announcements), in which notices of bankruptcy and bankruptcy proceedings are also published.
Specific legislation caps the amount of costs to be covered by the state.
Legal acts adopted by any other state institution must be consistent with the Constitution of the Republic of Lithuania and other laws.
The notary appointed as the court commissioner executes the will.
D. Interim measures All types of goods may be the subject of a claim in interim proceedings or of a provisional claim in proceedings on the merits.
Tribunals hear: as courts of first instance, all the applications which are not by law within the jurisdiction of other courts; as courts of appeal, the appeals against judgments handed down by judges at first instance; as courts of review, the cases specifically provided for by the law; any other applications which are by law within their jurisdiction.
There is no specific government authority in Sweden that determines or helps to determine maintenance.
However, according to the law, in this two-month time frame, the debtor may notify the court that it is negotiating an agreement with the creditors to refinance the debt; in which case, the deadline is suspended during the negotiations and the creditors cannot initiate separate enforcement proceedings against the assets that the debtor requires for its activity for three months.
Where it deems necessary, the court will order and publish the writ of summons in the Official Gazette of Romania or in a widespread central newspaper.
The same provisions for the division of property as are available on divorce are also available to the court with a judicial separation.
Any (permanent) removal of the child to another state which would serve to change the permanent or temporary residence of the child requires the consent of both parents.
Slovak family law recognises the term ‘parental rights and obligations’, which are always shared jointly by both parents (so there can never be ‘sole custody’ unless the other parent is dead, does not have legal capacity or has been deprived of their parental rights and obligations).
A complaint may be filed against the court’s decision to refrain from making a decision on the claim because it deems that the conditions for a decision on the claim have not been met.
An exception is a situation (concerning labour and social security law) in which an employee or an insured person acting without an advocate or a legal counsel may orally submit to the competent court an action, the content of legal remedies and other pleadings, to be included in the records.
They are permitted in all types of procedure.
As the nature of the proceedings suggests, documentary evidence must be submitted that documents the right claimed by the claimant.
Once the investigation has been completed, the case is sent to the Prosecution Service, which decides whether the charges should be dropped or the case should go to trial.
Differences in the regulation of inheritance between spouses and partners in a registered same-sex partnership are not based on objective, non-personal distinguishing circumstances, but on sexual orientation.
Restoration of procedural time-limits.
The defendant has no other rights of appeal.
Mediation involves lower costs than a trial for the parties concerned.
There is also a Belgian National Association of Bailiffs (Chambre nationale des huissiers de justice de Belgique/Nationale Kamer van Gerechtsdeurwaarders van België), whose main objects are: to ensure uniformity of discipline and rules of professional conduct among bailiffs, to defend the interests of its members, and to represent them.
The procedure applied for the enforcement of a decision is subject to the Act on Special Court Proceedings (Act No 292/2013, as amended).
Courts High Court of Cassation and Justice As the highest court in Romania, it is the only judicial institution with the power to ensure uniform interpretation and application of the law by the other courts.
The bailiff is bound by such instruction.
The proceeds from the sale are then divided between the different creditors according to the agreed order of priority (marshalling) (see Articles 1639 to 1654 Judicial Code).
Judgments of the Constitutional Court, the Court of Cassation and the Administrative Courts (rendered anonymous) can be consulted on the website of the judicial administration.
Evidence is taken, in camera (în camera de consiliu), in the court trying the case, unless otherwise provided for by law.
The default interest rate on the first day of default applies for the duration of default, and any subsequent adjustments to the ECB base rate have no effect on the default interest rate.
In addition, victims may obtain legal aid according to the common criteria: in general, legal aid is available free when an applicant’s available means are less than €700 per month for single persons.
Any irregularities or shortcomings in the functioning of services may be reported to the IGAS, such as: acts and omissions deemed to be illegal, misuse of money or public funds, fraud or corruption, obstacles to or inequalities in access to healthcare in a particular provider or establishment, misconduct on the part of healthcare employees or professionals, etc.
The Registrars (Letrados de la Administración de Justicia, previously called ‘Secretarios judiciales’ – Court Clerks) are responsible for determining and adopting specific enforcement measures (demands for payments, attachment of the judgment debtor’s goods, current accounts deductions, salaries, etc.).
In addition, there are unwritten sources of law, including the general principles enshrined in international law, customary law and case law (especially decisions of the Federal Constitutional Court).
Only proceedings to obtain an enforceable order for payment of the claim, for which the attachment was levied as insurance, can be considered as principal action.
Claims for legal aid relating to maintenance obligations follow the same process as for other cross-border disputes in accordance with Council Directive 2002/8/EC of 27 January 2003.
The mediator is usually a psychologist familiar with child psychology, a social worker familiar with child protection or a child welfare officer.
Under Section 18(1) and (2) of Civil Procedure Code, a court is required to provide the parties with the same opportunities to exercise their rights and to appoint an interpreter for any party whose mother tongue is a language other than Czech as soon as such need becomes apparent in the proceedings.
It covers all investigative measures (except setting up a joint investigation team).
For example, a holiday home or a room/flat in a premises where the owner also lives provided that a claim does not exceed €2,000.
Decisions are usually based on documents, transcripts of previous hearings and the arguments of the lawyers appearing for the parties.
National Machinery for Women’s Rights The National Machinery for Women’s Rights (Ethnikós Michanismós gia ta Dikaiómata tis Gynaíkas) was established on 16 February 1994 by virtue of Decision No 40.609 of the Council of Ministers.
However, using a lawyer is always allowed.
Registration was renewable on a yearly basis, but in practice it has been carried over for experts who have not incurred any serious criticism.
Administration of the Maintenance Guarantee Fund (Uzturlīdzekļu garantiju fonda administrācija) Address: CONTACT_INFO.
The woman loses the husband’s surname, if she has added it to her own; however, on application, the court may allow the woman to retain her husband's surname in addition to her own, where this is shown to be in her interest or in the children’s interest for reasons that merit protection.
The Dutch Constitution requires the judiciary to render decisions on disputes, and contains provisions governing the legal status of members of the judiciary.
For objections put forward by the defendant, the burden of proof lies with the defendant.
Territorial jurisdiction rules do not apply to civil registry offices.
1 Existence of a specific small claims procedure In addition to the European small claims procedure set out in Regulation (EC) No 861/2007 of 11 July 2007, there is a simplified procedure for the recovery of claims up to a threshold of €10 000 (excluding interest and costs) under Luxembourg law, known as the ‘order for payment’ (ordonnance de paiement).
A notice concerning the start of the auction is sent to the bidders by email.
If one parent exercises exclusive parental authority, the tacit or express consent of the other parent is not necessary.
In order to establish whether a court in the territory of a given Member State is competent to hear a specific case, the jurisdiction of that court should be determined.
Apprentices of advocates can represent their clients in civil proceedings and defend them in criminal proceedings – with the permission of the supervising advocate and when allowed by law.
According to Article 461 of the Bankruptcy Act, the labour of workers employed in another EU Member State or a Member State of the European Free Trade Association (EFTA) which is party to the Agreement on the European Economic Area shall be regulated by the law governing their employment contract.
Expert witnesses may be released from their duty by the court, at their request, only for the reasons which they may invoke to refuse to testify or answer an individual question.
Where it has not been possible to effect service in Irish legal proceedings, an application can be made to the court for an extension of time for service or to substitute an alternative method of service or both.
Once the judge has found that all the legal conditions have been met in respect of the application, he/she orders, by a decision, its communication to the defendant, who is informed of the obligation to submit a defence, under penalty, within twenty-five days as of the communication of the application.
The surviving spouse is allowed three months and 40 days from the death to exercise the option by a declaration to the registry of the district court in the jurisdiction in which the succession is opened.
Article 14(2), fourth indent - Languages that may be used for completion of the application The language that may be used for the completion of the application will be Spanish, nevertheless, in the future, another official language of the Community could be notified to the Commission.
Costs of the parties With regard to the costs of the parties, the rule is as follows: the costs of the successful party are borne by the losing party in proportion to their loss.
Nevertheless, for evidentiary purposes and if an award of property is involved, a public notarial document is required.
If these do not cover the claim to be recovered, he will require the debtor to submit a list of assets detailing his assets in full.
As a general rule, transactions may be executed in any format, unless a specific format has been prescribed by law for certain acts.
In that decision it will determine that, once the decision has become final and after the buyer has submitted the purchase price, the right of ownership to the adjudicated property is to be entered in his or her favour in the land register, and that any rights and encumberments on the property in question which cease by its sale are to be deleted.
At the same time, the contract or any other document will be annexed to the claim, showing the amounts due, and the proof of service of the order for payment on the debtor.
If the proposal is ignored, the Chancellor of Justice submits a request to the Supreme Court to declare the legislative act unconstitutional or invalid.
he can submit a report to the Supreme Court drawing its attention to the problems in the legislation.
Public prosecutors Organisation Basically, the hierarchical organisation of the public prosecutor’s office corresponds to the courts’ organisation.
However, they may perform academic, journalistic, teaching, interpreting, expert, or artistic work for remuneration.
2.2 Renvoi Regulations (EC) No 593/2008 and (EC) No 864/2007 do not permit the application of the rule of renvoi.
An administrator may terminate rental and lease contracts upon the opening of bankruptcy proceedings where these contracts were concluded by the debtor in bankruptcy before the opening of bankruptcy proceedings by giving one month's notice, regardless of general statutory rules and the terms of the contract.
As already emphasised, an agreement on a higher default interest rate cannot be agreed upon in a case of a delay in payment by a consumer who is a contracting party.
The estate inventory also shows which people are authorised to represent the estate.
She can also make recommendations to the Government if legislative changes are needed.
Possible outcomes of the proceedings If the Office of the Ombudsman decide that you have suffered as a result of unfair or improper action by the public body, and the public body has not taken steps to put this right, they may recommend that it does so.
Article 67 (c) The languages accepted for the certificate concerning rights of access and return of the child pursuant to Article 45(2): Polish.
This privilege is also extended to the interpreter engaged to convey such secret information.
Courts concerned The Curia and regional courts of appeal are required to publish all decisions on merit.
The court may declare of its own motion that the interim measure is provisionally enforceable.
Hierarchy of the sources of law When reference is made to the hierarchy of laws, what is meant is the relative status of the different instruments, in other words their position in an ordered scale.
Civil and criminal judgments may be accessed by publication number.
See the reply to the previous question.
This primarily concerns decisions on matters that, because of their nature, require a certain level of specialisation and on matters that are factually and legally more complex.
Under Article 405 of the GPK, writs of execution are issued on the basis of a written application, with no need to serve a copy on the debtor.
There are limitations on the enforcement of movables relating to objects that may not be subject to enforcement, as by Article 135 OZ.
Once a Bill has been passed by Parliament, it is forwarded to the President of the Republic for approval.
There is normally a limit to the amount of the expenses awarded.
In certain particular cases it is possible to shift the burden of proof to the other party, i.e. to reverse the burden of proof.
Addresses are supplied for individual, clearly identified persons over 15 years of age who have not withheld permission for their addresses to be supplied.
With regard to witnesses, a Royal Decree of 27 July 1972 determines the amounts of the allowance and of reimbursements.
If the postal worker finds the addressee at the address, he asks him to sign the acknowledgement of receipt, which is then returned to the sender.
The criterion of continuity applies in all cases: an applicant who benefited from complete or partial legal aid in the Member State of origin is entitled to legal aid for cases brought before the courts in Italy for the recognition, enforceability or enforcement of the decision.
Procedure to continue current contracts The opening of the insolvency proceedings does not call into question the existence of the contracts between the debtor and his contracting partners (suppliers, customers) on the day of opening the proceedings.
There is also a system of approval in which, prior to registration, the Registrar checks the legality of the description, title and act being registered.
It should not be confused with compensatory consideration or damages.
The Constitution that is currently binding was enacted in 1997.
A creditor’s right to have a claim met from the security is disregarded if it is lodged in a different order from that in which it should have been, or if, when reviewed, it is found that the level at which it was secured has been overstated by more than 100 %.
There are, however, some exceptions to this basic principle of freedom of choice.
The debtor may be ordered to make supplementary payments, if the state of the finances of the debtor is deemed better compared to the time the programme was prepared.
If an agreement is to be performed, there are special rules governing the manner of performance.
The Supreme Court comprises the Senate, which has three divisions (Division of Civil Cases, Division of Criminal Cases and Division of Administrative Cases) and two chambers (the Chamber of Civil Cases and Chamber of Criminal Cases).
Legislative instruments The principles governing the exchange of information and the functioning of the system are regulated in the Framework Decision on exchange of information on criminal records and in the ECRIS Council Decision.
Any such proceedings that are pending are stayed on the day when pre‑bankruptcy proceedings open.
In what languages can I obtain information on cost sources in Latvia?
After the judgment on the statement of division enters into force, the court summons the parties to draw lots.
For temporary incapacity, compensation corresponding to twice the relevant IPREM for the period of temporary incapacity, up to a limit of 18 monthly instalments, will be paid.
The ruling becomes final if no appeals are lodged in that time limit.
The court has free discretion when evaluating evidence.
In accordance with the EU Regulation, the requested state authorises the videoconference and the requesting state deals with all the formalities and organisational and technical matters, which includes informing the persons concerned.
If there are multiple heirs, the notary shall indicate the size of the share of the estate of each heir.
There are no rules governing legal separation or marriage annulment in Swedish law.
Article 25 1 (h) Review of the judgment procedure and courts competent to conduct such a review Competence to hear review proceedings lies with the district court (okresní soud) that handed down the judgment at first instance.
One copy of the will is held by the testator and the other copy remains with the certifying body.
If the deceased did not have any real estate in the Czech Republic (and jurisdiction cannot be determined by any of the methods above), the court with due jurisdiction is the one in whose district the deceased died (where the body of the deceased was found).
Therefore, it is difficult to foresee the actual costs before the proceedings.
Section 400 et seq.
of Act No 292/2013 provides that an interim measure is to last for a month from the date on which it becomes enforceable (Section 408), and that this term may be extended, depending on the start of proceedings on the substance of the case.
Types of rules Constitution: Supreme legal rule of the State, to which all public authorities and citizens are subject.
Some cases can be resolved on the basis of written evidence alone.
The main purpose of the workshops is to raise awareness of EU environmental law and policy and to provide a forum for the exchange of knowledge and experience.
They will not be required to pay the other costs of proceedings either during the case or after it has finished, unless they are ordered to do so by the court.
A procedural document filed to the court by a representative must contain the information about the representative specified in points 2 and 3 above and must be accompanied by a document attesting to the representative’s rights and obligations, provided that such a document has not yet been filed or the term of validity of the authorisation included in the file has expired.
A debtor is insolvent if (these are cumulative conditions): the debtor has multiple creditors; the debtor has pecuniary liabilities that are more than 30 days overdue; the debtor is unable to honour those liabilities.
Where an addressee does not reside at the address specified in the request for service, the German receiving agency to which recourse is made will usually endeavour to ascertain his or her current address.
Fraudulent preference (dólia protímisi): If the administrator or liquidator has evidence that a creditor received preferential treatment, he or she may apply to the court for a decision setting aside that treatment.
The Commission informs the judicial authorities of any infringements of which it is aware.
District Courts may decide upon initiating mediation in civil disputes.
Is access to the legal database free of charge?
The court order is usually issued the same day.
The Authority is headed by a president appointed for nine years by the President of the Republic on a proposal from the Prime Minister.
If it is not possible to serve the documents at that address, the service is carried out in the manner described above for natural persons, whereby the documents or notice of service of documents are deposited at the address listed in the register.
IMLV was founded in close cooperation with the Integrierte Mediation association in Germany.
The witnesses need to know that it is a will that they are witnessing, but they do not need to know the content of the will.
The Authority investigates infringements affecting persons and groups whose protected characteristics are very broadly defined under the Act.
Article 2(4)(c) – Means of receipt of documents Requests from other Member States for service of documents and certificates of service of documents will be accepted in Latvia if they are submitted by post.
Dutch law contains no provisions for such a situation.
2 Which documents need to be served formally?
Article 11 – Costs of service From 1 August 2013, the costs of service by a public prosecutor (eisangeléas) correspond to a fixed fee of EUR 50.
Registrars (Conservadores) Registrars are public officials with responsibility for registering and publicising legal acts and facts relating to immovable property, moveable property that must be registered, business activity and events in people’s lives.
Once a draft Cabinet Regulation has been notified, it is sent to the relevant Ministries for their approval and, if necessary, to other relevant institutions.
Nevertheless, certain exceptions apply that provide some creditors with a preferential right.
Maintenance obligations stop when the child attains majority, that is, when he/she reaches 18 years of age, unless the child is unable to support himself/herself after reaching adulthood.
Use of a pre-printed form is obligatory.
As part of this process, they may require your active cooperation until and perhaps after the end of the criminal proceedings if there is a prosecution.
When does the initiation of insolvency proceedings have effect The initiation of insolvency proceedings takes effect upon publication of a notice announcing the initiation of insolvency proceedings in the insolvency register (see below).
Second instance Appeals against district-court judgments are heard by a higher regional court.
Procedures for review (Art.19 (1)) Please note that the original language version of this page has been amended recently.
If the addressee returns early enough to be able to retrieve the delivery on the very first day of the collection period, service is deemed effective on this day because the entire collection period is still intact.
The territorial jurisdiction of the District Administrative Court and the Regional Administrative Court covers the entire administrative territory of Latvia in each case.
If the person concerned is a legal entity, service is effected at its place of business or, failing that, personally to one of its members authorised to receive it.
For all applications, whether filed electronically or by other means, payment must be made electronically via the internet and be accompanied by proof of payment.
Where there is no money available, in the case of enforcement against the debtor’s receivables from the debtor’s bank accounts, or the debtor cannot access the money, the bank must keep the decision of enforcement in its records for one year and pay the creditor when the money is available in the debtor’s account or when the debtor obtains the right to dispose of the money.
A law adopted by the Saeima and suspended by the President may be repealed by referendum if at least half of all voters who participated in the previous Saeima elections take part in the referendum and the majority of them vote in favour of repealing the law.
In matters pending abroad, legal aid covers the costs of legal advice.
That court shall rule on the application.
Secondary legal aid is provided by lawyers.
The French legal structure involves the coexistence of two types of courts: administrative and judicial.
According to the provisions of the Code of Civil Procedure, the address for service on an individual includes the address of the individual’s permanent residence and the address of his place of business; for legal entities, it is the address of the entity’s registered seat recorded in the relevant register and the address of the registered seat of an organisational unit.
However, they were replaced by the Supreme Court, which came into being on 1st October 2009.
The Law Lords became the first Justices of the Supreme Court, and the Senior Law Lord became the President.
The legislative competencies of the Federation and the Länder are regulated in detail by the Basic Law.
Enforcement procedures for real estate and movable property result in the sale of real estate or movable property to satisfy the creditor’s claim from the amount gained from the sale.
The Commission uses all available means for this purpose (report to the public prosecutor, action before the civil courts, etc.).
These methods are enshrined in Article 749 of the Code of Civil Procedure and regulated by Article 17 of Ministerial Implementing Order No 282/2013 of 29 August 2013, as last amended.
The documents filed with the business register since 1 January 2006 are systematically digitalised and made available in electronic form for consultation on the website.
In accordance with Section 277 of the ZPO (contentious proceedings) and Section 35 of the AußStrG in conjunction with Section 277 of the ZPO (non-contentious proceedings) videoconferencing can be used for the taking of evidence.
If a spouse is unable for good reasons to appear personally at the notary’s office in order to submit the joint application, he or she may submit a separate application that has been certified by a notary.
Where notaries act as court commissioners, they are deemed to be civil servants for criminal law purposes and are therefore liable for ‘crimes of office’, which include in particular the abuse of official power.
In general terms, set-offs are governed by the Civil Code.
It is also possible to send a personal letter.
Links Search facility, Dutch judiciary and the Supreme Court of the Netherlands
Short explanation of the possible outcomes of the proceedings The Commissioner may institute civil legal proceedings in cases where the provisions of the Data Protection Act have been or where about to be violated.
The composition of the Court of Audit is equivalent to that of the Council of State.
The bankruptcy estate is used to settle the costs of the bankruptcy proceedings and claims of the debtor's creditors and claims whose settlement has been secured by certain rights over the debtor's assets.
Setting the amount of child maintenance and of maintenance between spouses in the event of an initial agreement The person required to pay maintenance and the person entitled to receive it may agree on the amount to be set.
If the bailiff is sure that the address on the proof of service is correct but personal service is not possible, the bailiff leaves an attempted delivery notice in the letterbox requesting the addressee to collect the copy of the document at the bailiff’s office (Article 656 of the Code of Civil Procedure).
Additionally, there are litigation costs.
These consist of judicial costs, the costs of trial preparation and actions taken by the advocate or attorney at law to represent the client (including fees for representation and counsel).
The following may be subject to expropriation: a) movable property, b) immovable property, c) the debtor’s claims and movable property that the debtor keeps on the premises of third parties, d) shares in companies.
This procedure can be used, for example, if a witness has been prevented from attending court in person or if his or her attendance would result in unreasonable costs, or if the witness is under 15 years of age.
WHEN DOES THE DIRECTIVE APPLY?
Once these checks have been carried out, the Federal President signs the act and orders that it be published in the Federal Law Gazette (Bundesgesetzblatt).
In the event of a violation of the rights of persons with disabilities, the ombudsman is authorised to alert, propose measures, make recommendations, inform and request reports on what actions have been undertaken.
If the enforcement title is based on the rights of legal entities governed by public or private law, this limitation period is extended to 40 years.
The final step is an application to the judge of attachments to appoint a notary to handle the sale of the goods and the marshalling of creditors.
The Slovenian Business Register (PRS) is managed by the Agency of the Republic of Slovenia for Public Legal Records and Related Services (Agencija Republike Slovenije za javnopravne evidence in storitve – AJPES).
It becomes applicable from 1 July 2018.
The appointed solicitor requests legal aid, including in the form of payment of the judicial enforcement officer’s fee.
In such a case, every specific object may be both joint property and separate property, and this matter cannot be resolved in the course of authentication of the succession certificate.
The United Nations has also created the International Law Commission.
Its task is to promote the progressive development of international law and its codification.
Protection of debtors that are natural persons in enforcement procedures of pecuniary claims is provided for in Article 75 OZ, while the protection of legal entities is provided for in Article 76 OZ.
The Judgments Enforcement (Northern Ireland) Order 1981 allows for the seizure and sale of goods to satisfy an amount of money recoverable on foot of a judgement.
The divorce, separation and annulment of civil marriage application must be sworn on oath.
The extent of the explanations to be given will vary in practice depending on the complexity of the case: if the documents are self-explanatory, only a brief explanation needs to be given.
If the parties belong to one of the other religious groups in Cyprus, i.e. Armenians, Maronites or Roman Catholics, jurisdiction for the above matters is vested in the Family Court for Religious Groups.
If any of the grandchildren die before the deceased, the share that would have gone to them had they been alive when the deceased died is inherited by that grandchild’s children (the deceased’s great-grandchildren), in equal shares.
The confiscation order is frequently preceded by the freezing of assets.
According to Article 161 of the New Code of Civil Procedure: “Service to a home address is defined as service to the address under which the addressee is registered in the population register”.
The trial will end with the court either convicting or acquitting the accused.
Nevertheless, the debtor must receive no less than 70 % of the minimum salary per month.
Is access to Slovakia’s translator database free of charge?
From the above it follows that it is sufficient for one spouse not to wish to continue the marriage to enable him or her to petition for and obtain a divorce without the respondent being entitled to oppose it for material reasons, once the above-mentioned period has elapsed and in the last case without even waiting for this period to elapse.
The courts are equipped to receive documents electronically.
The President of the Republic is now no longer a member of the CSM.
If the estimated value of the vehicle is less than the amount specified in the decree issued by the minister for justice in agreement with the minister responsible for tax policy, the vehicle is exempt from enforcement.
Germany:In Bavaria, the Regional Ministry of Justice is responsible for organising the training of bailiffs(145 Kb) and security staff(150 Kb).
There may be cases in which the assisting authorities of other Member States establish direct contact with the deciding authority, although we recommend that applications are channelled through the assisting authorities.
Claims arising from negotiorum gestio are governed by the law of the country where the negotiorum gestor performed the act, and claims arising from the performance of the obligations of another person are governed by the law governing such obligations (Sections 49(1)-(2) of the PILA).
Where the creditor does declare that s/he opposes the objection within the time limit, the court will refuse the objection.
Attorneys’ activities can be conducted by any person who has been admitted to the bar (kamara) and taken the lawyer’s oath (ügyvédi eskü).
Any such outcome of expert witness consultations shall not be binding on the parties.
In all cases, the Attorney General is informed and issues the relevant guidelines.
In certain situations a witness can also be examined over the telephone.
If only one spouse entered into the contract in good faith, then only that spouse can claim the benefits of marital status and oppose them to third parties, provided that this is simply a reflection of the relationship between the spouses.
Such individuals are assigned to the second level.
Here, the state will guarantee and cover 50 per cent of the costs of secondary legal aid.
Further details can be found on the webpage Chamber of Bailiffs Organisations providing legal services pro bono (for free) There are a number of non-governmental organisations providing public legal aid in various areas: for example Ekologický právní servis, luridicum remedium.
Enforcement of the first-instance decision is suspended in the course of the appeal.
Will medical certificates issued by doctors in my country of residence be accepted or recognised – or will my health/injury have to be examined by your own medical experts?
If a bankruptcy petition is filed by a creditor, the creditor must substantiate the debtor’s insolvency and prove the existence of the claim in the bankruptcy petition.
Role and duties A prosecutor has three main duties: to lead investigations into crimes; to decide whether charges should be brought; to appear in court.
Based on the general rules of jurisdiction, the court in the territory of which the defendant (debtor) lives has jurisdiction.
In addition, for secured creditors the reason for and method of security must be stated.
The provisions of insolvency law do not affect the right to terminate in accordance with law or the contract.
WHAT IS THE AIM OF THE DIRECTIVE?
Furthermore, in certain circumstances maintenance creditors who do not yet have an enforcement order may arrange for a distraint order to safeguard their rights to future maintenance cover (Article 1413 of the Judicial Code).
The courts may, exceptionally, assign the administration to a third party.
If a bankruptcy petition is filed by the debtor, the court will declare bankruptcy also if insolvency is likely to occur in the future.
The recipient may refuse to receive the served documents inter alia when the documents are not in Finnish or Swedish or in another language that the recipient understands.
If management measures have been implemented with regard to the estate, the estate shall be administered by the court-appointed administrator, to whom the court can issue instructions for the possession, use and disposal of the assets.
Once a court issues a decision, the legal costs and expenses incurred by the winning party generally become payable by the losing party, depending on the extent of each party's victory or loss.
Court judgments, appeals against rulings, correspondence and other documents that are not kept in the business or public files are kept in the registry file.
This process may be initiated by the parties or suggested or ordered by a court or prescribed by the law of a Member State.
Moreover, the Government consults the Council on texts relating to the organisation of the election of the President of the Republic and referendums.
Moreover, the business register places a statistical package for public consultation free of charge on its internet site in the section entitled ‘Consultations - statistiques de dépôt’, providing information on declarations of bankruptcy which have been filed with the business register during a certain month.
Other movable property: confiscation.
This court is not part of the judicial system; it is an independent body which derives its powers directly from the Constitution and which operates under a special law.
Two district court judges and the Finnish Bar Association have also been appointed as members of the Network.
The court decides on the approval of the final report and closure of the bankruptcy proceedings.
With the exception of bodily injury, compensation for the abovementioned harm will be secondary to that established for the same circumstances by any other public body, or to those arising from insurance contracts.
Submission of messages and documents by e-mail is not permitted because adequate security cannot be guaranteed.
A bill-of-exchange or cheque order for payment may only be issued with respect to the performance of financial obligations arising from a bill of exchange or a cheque.
Lawyers Lawyers' fees are not regulated in Lithuania.
They vary according to the level of complexity of the case and of the resources involved.
If the prosecutor decides that a prosecution should not go ahead, the case will be closed.
Civil cases are assigned to be heard at first instance to courts at different levels, on the basis of subject‑matter: cases are classed according to the category and nature of the claim.
Is access to the database free of charge?
In the Czech Republic district courts (district courts in Prague, the Municipal Court in Brno) are competent for such proceedings in the first instance.
However, if the spouses have been living apart for three years, marital fault need not be asserted or established.
The mediator will explore with the parties the possibility of reconciliation.
Upon completion of the submission procedure, it is sent back to the sender in the same, ‘locked’ format, marked ‘submitted’.
Compulsory enforcement measures relating to movable property and sums of money, as well as eviction, must be carried out by a bailiff, who is a public and professional officer, i.e. an enforcement officer appointed by the Minister for Justice.
Section 7:94 of the Civil Code specifies the claims that constitute estate debt.
If examined witnesses so request, the court may allow them to leave the courtroom after the opinions of participants in the proceedings have been heard.
In other cases, an irregularity of service or notification renders the act invalid only when the law so declares or when it may influence the examination or decision in the case.
Likewise, the simple fact that an interim measure has been issued must not affect the court’s decision-making on the substance of the case.
Information on real estate is available from the Court Administration which maintains the central computerised land register, from the land register divisions of district and city courts, and on the internet.
Court administration The central state administrative body for the courts is the Ministry of Justice of the Czech Republic.
If after summoning the parties, the court finds that the certificate was issued without the conditions provided for in Regulation (EU) No 805/2004 being met, it re-examines the measures taken and withdraws the certificate, in full or in part.
Pursuant to Section 322(4) of the Code of Civil Procedure, a document is also deemed to be served on a person who is serving in the defence forces, serving a sentence in prison or staying in a health care institution or similar place for a prolonged period of time, provided that the document is delivered to the head of the institution or someone appointed by them, unless otherwise prescribed by law.
The trustee may conclude transactions of particular relevance to the bankruptcy proceedings only with the consent of the bankruptcy committee.
2 The taking of evidence 2.1 Does the taking of evidence always require the application by a party, or can the judge in certain cases also take evidence on his/her own initiative?
If the debtor submits a sufficient guarantee, the court may set aside the precautionary seizure injunction at the debtor’s request.
This assumption does not apply to commercial contracts, i.e. to contracts concluded between economic undertakings (companies and other legal entities pursuing economic activity or sole proprietors).
Commonhold Property Law (Law 49/1960 of 21 July 1960), Article 7 (cessation of prohibited activity) and Article 28 (suspension of agreements adopted by owners’ associations).
Thus, in the case of an application for legal aid submitted by a citizen from another Member State for an action in which the Portuguese courts have jurisdiction, legal aid comprises the costs of translation, interpretation and travel expenses of persons who are to appear in Court when their presence is required and/or the Court considers that they could not otherwise be heard.
Attorneys (ügyvéd) can provide legal representation in all cases and before all authorities.
The plan adopted by the committees and, if it is separate, that supported by the debtor or the administrator, can then be submitted to the court concurrently.
In circumstances not specifically covered by a Court Order regard should be had to legislation and regulations governing personal information held by such an institution (for example the Data Protection Act 1988)) 4.3 What is the validity of such measures?
The content of external websites can be changed at any time without the knowledge of the German government.
It is not necessary to appoint an administrator.
If no such court exists, the general court (všeobecný súd) of the respondent has jurisdiction, or if no such court exists either, the general court of the petitioner.
The application must set out the claim and the reasons justifying it.
The Supreme Court (Augstākā tiesa) has no administrative links to district or city courts or regional courts.
As for requests from abroad, personal information from the information system is provided at the request of a person from abroad or of an embassy of a foreign state only if this is provided for in an international treaty by which the Czech Republic is bound (Section 8(9) of the Population Register Act).
There is no obligation on the spouses to divide their property upon divorce.
Under Directive 2008/52/EC parties to a dispute must be allowed to submit a request for the content of a written agreement resulting from mediation to be made enforceable.
If that attempt is unsuccessful, the server once again leaves a notice that the document has been left at a post office or the local town hall and the addressee has another seven days to collect the document.
Country code The country code for Malta is: [MT] Generation of national ECLI In Malta the ECLI number cannot be built from the case judgment details available to the public user.
A disposition in a reciprocal will of spouses may be revoked by either spouse while both spouses are alive.
Before lay judges are appointed, it is necessary to obtain the opinion of the president of the court concerned about the proposed candidates.
It should be kept in mind that the application of EU law is not only the task of the EU courts: the courts and tribunals of the Member States, also have to apply EU law.
In cases where these interest rates are applicable, they may also be considered "statutory interest" in the sense that they are set by law.
However, when disputes relating to the exercise of parental responsibility are linked to any of the marital disputes referred to in Article 592(1) of the Code of Civil Procedure (e.g. divorce and marriage annulment) or the disputes referred to in Article 614(1) of the Code (e.g. determination of paternity), the court must apply the procedure set out in Articles 598‑612 and 616‑622 of the Code.
Nor is valuation required for voluntary auctions where the assets may be put up for sale without a minimum price or without an estimated value, or at the value proposed by the parties.
Topics covered include search, classification and opposition.
The decisions of other courts may also be important as sources of law.
The court may impose participation in extrajudicial conciliation or mediation meetings or family therapy on the parents for a period of at most 3 months, or may impose on them meetings with an expert in pedopsychology.
By seizing the debtor’s receivables, authorised by the court upon the creditor’s request, the creditor obtains a lien on seized receivables.
In reorganisation proceedings, the debtor remains in possession of the estate, subject to restrictions.
The Danish Court Administration Act determines the composition of the Danish Court Administration's board of governors.
It cannot be used, for example, to obtain a rapid order for damages.
As a rule, the costs of service are borne by the court serving the document.
Through her work, the Commissioner supports the openness, transparency and accountability of public bodies.
Irrebuttable presumptions are rare.
When filing an action for divorce, legal separation or annulment of a marriage with the court, the statement of claim must meet all the formal requirements set out in the Code of Civil Procedure (tsiviilkohtumenetluse seadustik) with regard to a civil action.
Because of its particular role, it is independent of the legislature, the executive and the judiciary.
The University of Luxembourg offers a specific training programme (a Master’s degree) in mediation.
The law of another state should also not be applied in respect of duties, taxes and taxation.
Latvia accepts requests for specific measures (Annex V to the Regulation), in Latvian or in English.
In some cases their duties may be carried out by a court official.
Interested parties may therefore carry out the acts in the institution of their choice, without territorial restrictions.
In cross‑border cases, the dependant can obtain administrative assistance from the Social Insurance Office (Försäkringskassa) in applying to the Enforcement Service for recovery.
The court is required to deliver the action (motion to initiate proceedings) to the other parties to the proceedings in person (see Section 79 para.
3 of the Code of Civil Procedure).
If an heir wishes to contest the will, he/she must lodge a complaint within six months of having been notified of the will.
The use of the payment order procedure is optional.
Under this programme courts are obliged to allow the parties to use mediation in addition to other forms of alternative dispute resolution.
European Case Law Identifier (ECLI) The European Case Law Identifier (ECLI) can be found under this heading.
The assembly of creditors The court convenes an assembly of the creditors.
If you are suspected or accused of a crime, you have certain legally guaranteed rights that must be upheld.
Hereafter, information on the bankruptcy of companies, natural persons and estates contained in the different Swedish Companies Registration Office' registers is referred to as The Insolvency Register of Sweden (including both information accessible from the Internet search engine and by directly contacting the Swedish Companies Registration Office).
History of the commercial register The entries in the commercial register were originally stored on paper.
The court will appoint a reorganisation adviser until the reorganisation proceedings are closed.
The age of majority is age 18.
No No whether a case is still in progress?
The testator gives an oral statement of his or her will to the notary, who writes it down as stated and then reads it back to the testator in the presence of the witnesses.
Accordingly, the respondent may oppose the recognition in Lithuania of the judgment in that case by appealing against the district court’s decision to recognise it.
The service must designate the addressee (Article 665 of the Code of Civil Procedure).
Postal address: CONTACT_INFO
A descriptive part sets out the claim put forward by the plaintiff, any counterclaim put forward by the defendant, any objections raised, and the substance of the observations submitted by the parties.
Bankruptcy Liability for debts shall continue also after bankruptcy: the debtor is still liable for those debts in bankruptcy that are not repaid in full during the bankruptcy.
11 Are there certain circumstances under which deadlines are extended?
Similarly, the costs of conducting the case (lawyer’s fees, expenses of attendance at court and expenses related to the gathering of evidence) will be awarded against the defendant in the plaintiff’s favour if the plaintiff’s claim is allowed in whole or in part, or if the plaintiff discontinues the action because the defendant voluntarily satisfies the claim after the application is submitted.
Certified translations are offered in the following languages: Greek English French Russian German Italian Arabic Polish Romanian Serbian Bulgarian Hungarian Dutch Spanish Chinese Swedish Czech Slovakian Turkish Portuguese Japanese Armenian Ukrainian Albanian Georgian and Farsi Translations are carried out with the help of outside translators listed with the Press and Information Office and are certified by sworn translators.
The text is intentionally distorted, so that it cannot be read using OCR (Optical Character Recognition) technology (a set of technologies orsoftware used to recognise characters and entire texts in a graphic file in raster form), but is still sufficiently legible to humans.
The insolvency practitioner (administrator) has the power/duty to manage the assets, sell them, and distribute the proceeds to the creditors.
At the level of courts?
A judgment certified as a European Enforcement Order issued under Regulation (EC) 805/2004 is recognised as and has the same effect as a High Court judgment and is enforced accordingly.
If it is impossible to obtain consent from the other parent, the parent moving to another state must apply to a court with a request to establish the child's place of residence and the arrangements for access to the child.
The Supreme Court also promotes the uniform interpretation and consistent application of laws and other legislation of general application by way of its own decision-making, adopting opinions aimed at unifying the interpretation of laws and other legislation of general application, publishing final court decisions of primary importance in the ‘collection of opinions of the Supreme Court and decisions of the courts of the Slovak Republic’.
When acting as a second (appellate) instance, they re-examine decisions taken by the district courts.
In 1980 a special register for limited companies was set up but Statistics Iceland issued identification numbers for these companies.
1.6 Written procedure If the matter is not settled by the small claims Registrar, then on the day of the hearing, the claimant must bring documentary evidence supporting the claim, for example any relevant letters, receipts or invoices.
If the minor refuses this after enforcement has resumed, the person claiming entitlement may ask the court to apply a penalty.
Validity of legislation For a piece of legislation to enter into force, it has to be published.
Hierarchy of the courts District courts, administrative and labour courts District courts and administrative and labour courts hear cases in the first instance.
The debtor provides the court, the trustee and the bankruptcy committee with the information that they need in connection with the bankruptcy proceedings, particularly concerning the debtor’s assets, including obligations, and business or professional activities.
Further proceedings Supreme Courts Other courts Is information available as to appeals?
If family mediation takes place while a judicial action is pending, it will proceed as follows: In judicial actions concerning parental responsibility (e.g. custody, visits, maintenance allowances for minors), there is a specialised technical hearing and mediation stage.
The status of the experts is set out In Regulation No 1 of 16th January 2008 on the Registration, Qualification and Remuneration of Experts (issued by the Supreme Judicial Council, Prom.
SG 11/5 February 2008).
Instead, the court carries out an independent assessment of everything that has emerged and decides what may be considered as evidence in the case.
The requirement to submit this certificate may be waived if all the facts that would otherwise be contained in the certificate can be found in the decision itself, or in other documents submitted (e.g. if the decision submitted is endorsed as being final).
The parties and their representatives have the right to inspect the court file, with the exception of the voting record, and to make extracts and copies of it.
Parents are obliged to support their grown-up child until graduation if s/he is pursuing his/her studies but no later than by the age of 26 years.
the right to take certain disciplinary measures against the child.
Claims may be issued (a) by electronic mail with a certified electronic signature, or (b) by data box, i.e. a special electronic repository intended for the delivery and implementation of acts vis-a-vis a public authority.
He has the right to initiate the proceedings before the Croatian Constitutional Court in order to examine compliance of laws and other regulations with the Croatian Constitution.
The divorce takes effect when the court order is entered in the register of births, marriages and deaths (burgerlijke stand).
The application to participate need not be encrypted, but the specific procedure for registration is determined by the bailiff.
B. Sequestration As with ordinary deposits, sequestration means that material possession of an asset is transferred to the depositary.
Luxembourg accepts French and German.
The victim will be asked to sign a consent form in order for the case to proceed.
The registration department of Tartu County Court maintains the commercial register.
They may choose between the law of their country of domicile and that of the country of citizenship of one of the spouses.
Exception An exception to this rule is in the case of maintenance obligations of parents and natural fathers towards their minor children and towards young adult children (up to 21 years old).
2.4 What different means of proof are there?
The court-appointed receiver is not bound to consult the creditors for whom the draft plan makes no change to the terms of payment or provides for payment in full in cash as soon as the plan has been adopted or the claims admitted.
In exceptional cases, and only where specified under legislation, civil disputes may be decided by other extrajudicial procedures.
NMI-registered mediators are trained and qualified to act as mediators, in accordance with the NMI mediation rules, and are committed to the NMI Quality Assurance System.
If the person required to pay maintenance fails to fulfil the maintenance obligation voluntarily, he or she may be forced to do so (cf.
point 9).
In this judgment a party (debtor) may be ordered to perform its obligations to the other party (creditor).
However, the appeal before the appellate court may not suspend the interim measures before a ruling on the appeal has been issued by the higher court and a repeal has been ruled.
Pursuant to Article 271(1) of the Code of Civil Procedure the witness testimony is oral.
In those circumstances, the action must be brought in the court for the claimant’s domicile, except in the case of applications to reduce or cancel the maintenance (Article 626 of the Judicial Code).
The creditor’s claim must be certain, which means that it must appear to be sufficiently justified and beyond reasonable dispute.
The ZPP specifically provides that the taking of evidence may be rejected only where the evidence is irrelevant to the decision (Article 287 of the ZPP); i.e. the evidence does not serve to establish the legally relevant facts.
The Commission for Legal Assistants (Comissão para o Acompanhamento dos Auxiliares da Justiça, CAAJ) is responsible for the admission procedure for judicial administrators and monitors their work.
The information contained on the companies register is supplied to the CRO by third parties, pursuant to statutory obligation, including the obligation not to knowingly or recklessly supply false information to the CRO.
If attachment has taken place before the bankruptcy decision is announced, enforcement may as a general rule continue irrespective of the bankruptcy process.
4.2 Appointment and powers of insolvency administrators: The administrator is a necessary person or body that assists the judge and is entrusted with managing the insolvency proceedings.
In principle, an heir bears unlimited liability for the deceased’s debts.
Contentious proceedings Costs in civil proceedings (including commercial cases) are governed by the Code of Civil Procedure.
1.4 Rejection of application Failure to satisfy the above requirements regarding territorial jurisdiction and the provision of prima facie evidence, or failure to make good a procedural defect will mean that the court will reject the application.
The Legislation Act (Act CXXX of 2010) defines two types of legal instruments of state administration: normative decisions and normative orders.
An order for payment or an electronic order for payment can be issued only if the right claimed stems from facts stated and documented by the claimant (see section 1.3.4.).
The prosecutor continually monitors the investigation and makes decisions about the investigative measures and decisions required.
For the purposes of the preceding paragraph, a single chargeable event is deemed to have occurred when the document instituting the procedural step that constitutes the chargeable event covers several main actions that do not originate from the same instrument.
Special rules exist to protect groups such as consumers, workers and insured persons.
The Attorney General is assisted by the Deputy Attorney General, the Assistant Attorney General and other legal officers.
Within the ordinary courts, however, divisions may be set up specialising in particular classes of subject‑matter, with judges of that court assisted by citizens who are not professional judges (an agricultural division, for example).
In certain matters (special proceedings), for example, in the case of a presidential order, the time limit for appeal is five days, which is shorter than the time limit for lodging an appeal under the common law.
The ombudsman's work includes being authorised to notify, propose and make recommendations.
On the website of the Supreme Judicial Council, you can find annual and bi-annual reports of court activities at all levels.
The data message may contain a filled-in complaint form or a personal letter containing the important information about the problem.
This period is intended to give time to the defendant to comply voluntarily with the order, and the person who wins the case is not required to apply for enforcement.
Cases involving child support are usually brought before the court where the defendant is resident, but paternity suits, matrimonial cases and cases involving parental responsibility (custody of children and children’s housing) can also be heard by another court.
It is also possible to find information in the official languages of the Autonomous Communities.
Additional (financial) assistance can be requested if the injury worsens in the 10 years after the main assistance was granted, except where the victim has already received the maximum amount of assistance from the Belgian State (€125 000).
The law governing the recognition, determination or contestation of paternity or maternity is the law of the state of which, at the time the child was born, the person whose paternity or maternity is recognised, determined or contested was a citizen.
It works in collaboration with the police and other investigation services.
The reasoning of an application does not need to be detailed.
The Mediation Centre provides a forum to which parties to a dispute may refer, or be referred, to resolve their dispute with the assistance of a mediator.
Requests for the issue of this subpoena in the Court of Magistrates (Malta) and in the Courts of Magistrates (Gozo) in its inferior jurisdiction may be made verbally.
According to the Act, the costs are determined by the following factors: source and target language (based on the general idea that it is usually easier and therefore cheaper to translate from a foreign language into the home language).
Ordinary appeals are admissible when the proceedings have a value greater than the limit of the court before which the decision is appealed and the contested decision is disadvantageous to the party bringing the appeal by more than half of this amount.
Appeals may also always be brought against decisions relating to the value of protective measures on the grounds that the value exceeds the limit of the court which took the contested decision and the preliminary refusals of initial applications for protective measures.
Please consult relevant subpages to find more information on: About the network Citizens Judges and other judicial authorities Events/news EJN's publications Information on national law (information sheets) Members' section Links
The tasks of the contact point include disseminating information on the legal provisions regarding EU civil and commercial law and their practical application, as well as providing advice and training in related issues.
Pursuant to Article 15a of Regulation No 861/2007, a court fee may be paid by bank transfer.
The procedure for the exchange of electronic documents does not apply to certain types of contract relating to real estate, family and inheritance law, and certain types of guarantee contracts.
They help in the handling of cases, on the instructions and under the responsibility of one or more judges.
Article 34 The appeals provided for in Article 34 may be brought only: - in Gibraltar, by an appeal to the Court of Appeal.
It applies to any act or omission directly related to the promotion, sale or supply of a product by a trader to consumers.
A judge’s official salary is laid down in the Act on the official salaries of state officials nominated by the Estonian Parliament and the President of the Republic.
If the court’s proposal is accepted, the hearing of the case shall be deferred for a period of three months.
In case of doubt, the place of business of the legal person is considered its seat.
Where the accused person is not receiving legal aid, the costs are agreed between an individual and his or her legal representative.
It also governs recognition of foreign insolvency proceedings and temporary measures, parallel measures due to insolvency, and the law to apply to the consequences of insolvency proceedings.
The court with jurisdiction to hear the appeal is a second‑instance court in the judicial district in which the court which handed down the contested decision is located.
A provisional calculation of interest can be obtained on the website of the Supreme Court of the Republic of Slovenia.
Requests may be refused only for the reasons listed in Article 17(5).
(Order 53B Rule 3) “The claim form and supporting documents may be filed by registered post or, where rule 3 applies, in electronic form.”
The Enforcement Authority can authorise the debtor to sell the property himself.
The server enters the date, time and reason for declining service, and the place where the documents were left, on the delivery note.
As a general rule, the law of the state in which the obligated party has his/her habitual residence will apply.
The classification of claims in the Insolvency Law operates following an automatic approach.
Any person of sound mind, if there are no exceptions regarding his competence, may be produced as a witness.
In Luxembourg law, only the descendants of the deceased (children, or their children if they have already predeceased him at the time of his death) are entitled to the reserved portion.
The members of the Supreme Court are appointed by the President of the Republic of Cyprus.
There are currently 13 members, one of whom is appointed as President.
Persons wishing to become a paralegal must have completed secondary school education, must have worked for at least 6 consecutive months in a law firm and must be of impeccable character and must apply to the Registrar of the District Court in whose district the law firm in which the candidate works is located.
The general response period is thirty days.
The European Commission’s role Please note that the European Commission has no role in criminal proceedings in Member States and cannot assist you if you have a complaint.
The legal costs are judicial stamp duties, lawyers’, experts’ and specialists’ fees, amounts owed to witnesses in relation to travelling and amounts lost as a result of the need to appear before the court, travelling and accommodation costs, as well as any other costs needed for the proper conduct of the proceedings.
It covers a wide range of issues relating to the award and implementation of a contract and is run interactively.
In cross-border disputes, it provides legal aid in civil, labour and family-law matters and commercial-law matters, pursuant to this law, for all individuals meeting the legal requirements who have their place of residence or usual place of residence on the territory of an EU Member State.
Article 6 – Means accepted for transmission of requests and other communications Requests and other communications may be transmitted by post (and in exceptional cases by fax or email).
The term ‘assegno di mantenimento’ also refers to the financial support that parents have to pay for their children when they separate or divorce.
Persons who live or reside in a Member State of the European Union other than the Member State in which the proceedings are to be held (cross-border disputes).
The will is signed by the testator, while the conclusion of authentication is signed by the civil law notary.
The Supreme Court of the Slovak Republic can also transfer a case to a court other than the competent court where stipulated by law and by the rules governing court procedure.
Court decisions approving or confirming court settlements and agreements reached during the proceedings, accompanied, if necessary, by the corresponding depositions in order to provide a record of their actual content.
As regards European Enforcement Order certificates for authentic instruments, it is the responsibility of the notary in charge of the dossier to check whether there are any material errors or whether any of the requirements for issuing the certificates have not been fulfilled and to send a request for rectification on the grounds of material error or a request for withdrawal in accordance with Article 10(1) of Regulation (EC) No 805/2004.
If enforcement was granted under the simplified authorisation procedure, this took place solely on the basis of the data provided by the petitioning party.
However, even in the absence of this legislative provision, judicial review may be regarded as an inherent power of the courts on the basis of the doctrine of separation of powers generally embraced by democratic states.
Acts of Parliament In Hungary, Acts are adopted by the National Assembly.
The serial number (ordinal number) is composed of four or, if an additional distinguishing character is needed, five parts, of which the third and the fourth and the fourth and the fifth parts are separated by a point.
Judges are subject only to the law.
(Article 101 of the Constitution).
The state pays maintenance on behalf of the parent who is not paying maintenance, recovering the money from the non-paying parent at a later date.
The case is never referred back to the same court.
Working together to improve European judicial training In light of the new responsibilities devolved to the European Union by the Treaty of Lisbon and in order to implement the priorities established by the Stockholm Programme in the field of European judicial training, the European Commission published a Communication on "Building trust in EU-wide justice, a new dimension to European judicial training" in September 2011.
The tasks of the land register proper and of the registration offices are mainly, but not exclusively, tax-related.
Where judgment has been given in default, in circumstances fulfilling the conditions as specified in Article 3(1) (b) and (c), the debtor must under certain circumstances be entitled to apply for a review of the judgment under Article 19(1), in order for the judgment to be certifiable as a European Enforcement Order.
Country: Finland Instrument: Mediation Article 10 - Information on competent courts or authorities Article 10 - Information on competent courts or authorities Competent court A settlement referred to in this Chapter may be made enforceable in the District Court in the jurisdiction of which a party to the settlement is domiciled or permanently resident.
In Dutch law, there is an Act implementing the European Small Claims Procedure Regulation (Act of 29 May 2009 implementing Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure) (Wet van 29 mei 2009 tot uitvoering van Verordening (EG) nr.
A marriage is voidable in the following circumstances: That the marriage has not been consummated because of the incapacity of one of the spouses to be able to consummate it.
If the conditions for submitting the payment order are not met, a statement of claim must be filed with the county court of the residence of the child to obtain a maintenance allowance.
Where can I obtain information on mediation?
A limited class of information on the register has legal consequences as a result of its registration.
English translations of Estonian legal instruments setting out information on costs and their sources are available on the Riigi Teataja (State Gazette) website.
If the applicant has insufficient financial means, he/she can apply for free legal aid pursuant to Law 165(I)/2002, as amended.
3 What are the legal consequences of a divorce as regards: 3.1 the personal relations between the spouses (e.g. the surname) Divorce does not affect the personal relations between the spouses.
Lawyers in trading companies Education requirements: Have been awarded a university degree or master's degree in law and passed the national bar examination (for posts representing an employer).
The notice must clearly state that the document deposited has been sent by the court and that the document is deemed to be served as soon as it has been deposited, and terms in the proceedings may begin to run starting from that time.
The fraudulent origin of the claim is established either by court decision or by a penalty declared by a social security authority.
This means that they must provide the information required of them or adopt the guarantee measures in question, and they must hand over to the Court any documents and data in their possession, with no limitations other than those arising from the respect for fundamental rights or limits which are expressly laid down by law in certain cases.
An oral or written admission (omología) made by a party in court or before the delegated judge constitutes full proof against the person making it; admissions made outside court, like other evidence, are assessed freely.
This initiative was developed over the course of 2009 by the Council of Europe (as part of its project on cybercrime) and the Lisbon Network of judicial training institutions, in cooperation with a multi-stakeholder working group.
Instead of this joint management, the beneficiaries may apply to the court for the appointment of an estate administrator.
If, upon completion of a preliminary examination, it appears to the OCO that an investigation is warranted, it may proceed to investigate the complaint more fully.
Information is only available in Slovene.
Both databases are owned and maintained by AJPES, the Agency of the Republic of Slovenia for Public Legal Records and Related Services (Agencija Republike Slovenije za javnopravne evidence in storitve).
In the case of a minor, “maintenance obligation” means that the parent of the child is entitled and liable to care for his or her child in a family, to raise the child and provide the conditions required for the child’s physical, cognitive, emotional and moral development – especially housing, nutrition and clothing – as well as the child’s access to education and healthcare.
The action must be drawn up in Slovenian and signed by the claimant him or herself.
Labour courts and the social court of first instance decide at first instance.
If, however, the creditor himself has seriously neglected his obligations towards the debtor, the judge may discharge the debtor from the responsibility of paying all or part of the maintenance debt (Article 207 of the civil code).
The following fact sheets will guide you through the most important steps of environmental proceedings in each Member State, explaining the rights you have and the basic rules you need to follow to exercise them.
An associated action for damages may be filed in criminal proceedings or in separate civil proceedings against the defendant.
Where the taking of evidence gives rise to costs (e.g. expert evidence), an advance payment must be obtained from the applicant party.
The decision replaces the relevant parts of the 1964 Council of Europe Convention on conditionally sentenced or released offenders, although this Convention will continue to apply to non-EU countries.
History of the Norwegian business register The Norwegian Register of Business Enterprises was established in 1988 and has carried on the functions of the nearly 100 former local trade registers.
Under Swedish law, a general duty to testify applies.
Documents in a foreign language should be submitted to a registry office with a translation certified by a notary, consular official or sworn translator.
RIGHTS IN REM OVER IMMATERIAL OBJECTS Article 1303 of the Civil Code refers to intellectual property, which is in turn governed by the Industrial Property Code (Código da Propriedade Industrial).
Member States have extensive national rules on fundamental rights, the respect of which is guaranteed by national courts.
A copy of the final decision or the document describing the measure, or proof of some other intervention, is attached to the complaint.
Blended learning Improving the quality of 'blended learning' – COMBLE Project: Community of Integrated Blended Learning in Europe The objective of the COMBLE project was to improve the quality of 'blended learning' in higher, further and business education by providing administrators, instructors and learners with knowledge, training and advice on technical, didactic, organisational and personal matters that can influence the success of blended learning solutions.
D. Placing of seals and inventory With the permission of the sub-district court (kantonrechter), goods belonging to a succession or certain jointly owned property can be placed under seal by the notary.
The Commissioner works together with the relevant authorities in other Member States and the Council of Europe in respect of matters falling within the scope of the Commissioner’s responsibility and promoting respect for the rights of European citizens to privacy and the protection of personal data.
The reduction can be €102 (1 unit of account) or €153 (1.5 units of account).
Traditionally, maintenance is paid on a periodic basis in definite amounts, for example in the form of salary deductions; less often it takes other forms.
The workshop also explained how EU-funding can help to introduce new training techniques (generally for projects involving cross-border cooperation).
Where information on costs is published, the figures given do not include VAT (where applicable).
The register extracts of businesses of the same type may look totally different from one another.
The executor of a will should administer the estate, pay debts under the succession, in particular execute bequests and instructions, and subsequently distribute the estate to heirs in accordance with the will and the relevant legislation and, in any case, immediately after the winding-up of the estate.
The succession closes with the division of property, which ends joint ownership.
The general requirements are set in Section 127 of the Code of Civil Adversarial Procedure.
National law(192 Kb) FINDING COMPETENT COURTS/AUTHORITIESThe search tool below will help you to identify court(s)/authority(ies) competent for a specific European legal instrument.
National members regularly participate in quarterly meetings organised by the contact point.
In family mediation cases the judge checks that the agreement is compatible with public policy and that it is not contrary to the interests of the children, that the dispute is appropriate for resolution by means of mediation, and that the mediator has been approved for this purpose by the Minister for Justice.
The principal judge is the Lord President.
Where the judgments of general courts are concerned, only selected findings of the supreme courts, i.e. the Supreme Court and the Supreme Administrative Court, are systematically published.
The assets being attached are listed by the bailiff in an official record, with a view to their possible future sale, unless agreement can be reached with the creditor through the bailiff.
The court may also refuse to appoint an interim trustee, taking into account the debtor’s financial situation, and declare the debtor bankrupt.
A state fee is payable for amendment of the entry in the land register.
There is a distinction between conclusive and non-conclusive evidence.
A claim for the main financial assistance must be submitted within three years of the final court decision made in the case or within three years of a decision to close the case without further action due to the offenders not having been identified.
What does the Polish business register offer?
10 If the person concerned (debtor) doesn't pay voluntarily, what action can be taken in order to force him/her to pay?
Other persons whose participation may help resolve the dispute may also add their names to the request or consent of either party.
If the applicant so requests, and provides evidence of grounds for urgency, they may be granted by the judge without further formalities, providing grounds within a period of five (5) days for not hearing the defendant.
Before, during and after the main proceedings, evidence may be safeguarded further to a motion where it is feared that it will subsequently not be possible at all, or only with great difficulty, to take evidence.
Under Article 273(3) of the Law on Civil Procedure, all justice-sector professionals must use the remote or electronic systems in place in the Courts Service to submit documents (initiating documents or otherwise), and other documents, in a way that guarantees the authenticity of the submission and ensures there is a reliable and complete record of the submission and receipt of those documents, as well as the date of submission and receipt.
The court (the notary as the court commissioner) winds up excessively indebted estates by selling all of the deceased’s assets at the price customary for comparable property.
The extension interval is from 1 to 60 minutes.
These new rules apply to the succession of those who die on or after 17 August 2015.
Article 10 – Certificate of service and copy of the document served In addition to Hungarian, German, English and French are also accepted.
Article 2(2) – Receiving agencies For the service of documents in the Federal Republic of Germany, the German receiving agency within the meaning of Article 2(2) of Regulation (EC) No 1393/2007 is the district court of the district in which the document is to be served.
Contracts and acts of a collective nature cannot be proven by witness evidence if the value of the transaction is over EUR 20 000, and witness evidence is not allowed against the content of documentary evidence even if the value of the transaction is less than GRD 2 million or EUR 20 000.
Case-law of the courts In order to fulfil its responsibility of ensuring the uniform application of law and providing judicial guidance to lower courts, Hungary’s supreme court, the Curia (known prior to 1 January 2012 as the Supreme Court) passes judicial uniformity decisions and issues judicial decisions of principle.
In accordance with the Council conclusions the European Commission has developed a multi-lingual ECLI search engine which allows users to find judicial decisions from the databases of those case law publishers who have implemented the ECLI standard and provided us with access to their data.
Unless the court rules otherwise, the fees charged by experts, interpreters and translators are to be paid in advance by the party to the proceedings who submitted the application resulting in the costs.
An application has been set up and is in operation for the electronic submission of legal documents to the Hellenic Council of State and the Athens Court of First Instance.
According to Section 9 of the Code of Judicial Procedure (4/1734), if no information as to the recipient’s whereabouts can be obtained, the court will be responsible for serving the documents by public notice.
In any event, for the granting of such interim aid, it must be demonstrated that the applicant meets the requirements laid down by the applicable legislation for being a beneficiary of the relevant definitive aid.
Institutional framework The legislature The federal constitution divides powers between the federal government and the provinces, and various bodies are involved in the legislative process.
Mediators must inform the parties explicitly about this during the information phase or at the beginning of the mediation.
Notaries A notary is an professional who exercises a public function: their role is to authenticate acts signed in their presence.
The amount of the fee can be agreed freely between the client and the lawyer provided it does not go against the professional code of ethics or the rules of fair competition.
Their duties are also allocated internally among states.
An objection and an appeal do not stay the execution of enforcement measures in enforcement proceedings except for the payment phase.
If service has been effected contrary to the law, new service of the document is necessary: Slovak law does not provide for the possibility of validating invalid service.
Judges are members of an independent judiciary.
They hold office in the Supreme Court, courts of appeal and district courts, the Supreme Administrative Court and administrative courts, as well as the Insurance Court, the Labour Court and the Market Court.
Judges are state officials and cannot be removed from office.
Precautionary measures may be handed down concerning concrete and specific assets, and concerning everything that can be quantified in monetary terms, such as the products, rents and yields that are obtained from things.
Considering that the stated rules have not been issued to date, the technical prerequisites for use of such communications are not yet in existence.
There are several other types of proceedings.
Appeals must be lodged within twenty days before the Court of First Instance which handed down the contested decision, before which the appeal is formally drawn up; the matter falls within the jurisdiction of the corresponding Provincial Court (Audiencia Provincial).
The parties have the right to know the information provided in the technical advice and other evidence and opinions included in the proceedings; they may request clarification, add other evidence or apply for information to be requested.
Recourse to mediation is voluntary.
There are two possible formats.
The legal consequences of opening proceedings start on the day of publication of the notice of the opening of bankruptcy proceedings.
Information and training You can find relevant information about mediation and how to contact a mediator on various NGO websites, including: Slovenian Association of Mediators Slovenian Association of Mediation Organisations – MEDIOS Centre for Mediation at the Legal Information Centre Training for mediators is provided by a number of NGOs, including the Centre for Judicial Education at the Ministry of Justice.
The Ombudsman may not intervene in cases before courts or question the soundness of a court’s ruling.
The Supreme Administrative Court (Naczelny Sąd Administracyjny) publishes its decisions, with its reasoning, on its website.
As the courts have videoconferencing facilities, no costs should apply to their use.
Related annexes Bringing a case to court articles Code of Civil Procedure(84 Kb)
Their territorial jurisdiction is governed by Sections 84 to 86 of the Code of Civil Procedure in the case of judicial enforcement (see paragraph (a) above) and by Section 45 of the Enforcement Code in the case of enforcement of a decision by a court bailiff (see paragraph (b) above).
An e-service on EUROPA is a service or resource made available on the Internet in order to improve the communication between citizens and businesses on the one hand and the European Institutions on the other hand.
Article 29(1)(d) - Accepted languages Please note that the original language version of this page has been amended recently.
In principle, attachment may be imposed on all of the debtor’s property.
Disputes over elections or referendums The Constitutional Council rules on the legality of the election of the President of the Republic and of referendums, and declares the results.
Case law of courts of first and second instance that has entered into force and has been published can be found by searching case law in Riigi Teataja.
Communication of subpoenas and all procedural documents shall be made ex officio.
The children's children (i.e. grandchildren, great-grandchildren, and so on) can usually only inherit something if their parents have already died or have themselves waived the inheritance.
Unless otherwise specified in an international agreement, foreign public documents which are duly authenticated have, subject to the condition of reciprocity, the same evidential value as domestic public documents.
Under an interim measure, a court may impose an obligation on someone other than a party to the proceedings where this can justifiably be required (e.g. if someone is buying a property in the full understanding that he is purchasing it from an owner who has not duly met payment obligations towards creditors).
Stage of the civil proceeding where fixed costs must be paid Filing fees and registry fees must be paid when the judicial proceedings are filed.
The law takes into account the special needs of the debtor or his creditor in individual cases, by allowing—on request—the unseizable allowance to be increased or reduced under certain circumstances.
Value Added Tax (VAT) Where can I find information on this subject?
3 What are the applicable general rules on time limits for the various civil procedures?
a) According to Act No 160/2015, the Code of Civil Adversarial Procedure (zákona č.
If there is no such date in the last month, the time limit expires on the last day of that month.
The requesting and the requested courts (once the latter has been identified by the central authority) should establish direct contact with each other to schedule a videoconference and should also arrange a date for a prior test.
Those who wish to become senior counsel apply to the Attorney General for approval but the actual appointment is made by the Government on the advice of the Attorney General who also liaises with the Chief Justice, the President of the High Court and the Chairman of the Bar Council.
What does the Czech cadastre register offer?
There is nothing to prevent the judge from making an audio, visual or audio-visual recording of the preparatory inquiries, when the circumstances so demand (as in a case of geographic separation).
Related links The Greek Parliament The National Printing House
In cross-border cases within the European Union involving applications for maintenance, state legal aid and state procedural aid is available under the Regulation.
1.2 Application of procedure The procedure is initiated by a motion, with the usual procedure for any kind of motion to initiate proceedings.
The reserved share amounts to half of the estate, see Article 4:64 BW.
Types of courts – short description Several courts carry on their judicial activity under the jurisdiction of each of the 42 tribunals.
Constitutional review was introduced in the Republic of Croatia in 1963, and the Constitutional Court began operating in 1964.
In this request, the instigating party must designate the court in which the action is being brought, identify the parties, indicate their names, places of residence or offices and, where possible, their occupations and places of work, set out the form of proceedings, explain the facts and legal reasons forming the grounds for the action, make the request and declare the amount involved in the case.
A testator is permitted to designate one or more executors in his or her dispositions mortis causa.
The application should summarise the subject-matter of the proceedings, the evidence that will be produced at the trial, and the evidence confirming that the conditions for legal aid are met.
At the end of this procedure a formal decision, the grant of probate is issued.
In the Northern Ireland Assembly, a similar process (involving introduction of a Bill, consideration, debate and voting) occurs, although there is only a single Chamber within the devolved Assembly.
In the absence of such an agreement, the court confirms their inheritance according to ratios derived from the law.
Debt adjustment Debt adjustment may only be granted to a natural person.
Article 11 – Costs of service There is a flat-rate fee for the costs of service by a bailiff of 165 euros (including VAT) payable by the applicant for each document served to a natural or legal person.
They are obliged to ascertain the actual intentions of the parties to a transaction and the circumstances required for a correct transaction to be performed and to explain to the parties the different ways of carrying out the transaction and the consequences of the transaction.
A notice is left on the addressee’s door or in a letterbox.
An adoptee and his or her descendants inherit from the adopter or his or her relatives.
The costs and expenses incurred in the proceedings are payable by the business which is the subject of the insolvency proceedings.
The individual debtor and persons previously authorised to represent the debtor by law must cooperate with the liquidator on this matter.
Is access to the Latvian central computerised land register free of charge?
The National Board of Patents and Registration (NBPR) owns and maintains the Finnish Trade Register.
With a few reservations their terms and conditions are governed by Order (ordonnance) No 58‑1270 of 2 December 1958, referred to above.
Advice and assistance can help with the costs of getting legal advice from a solicitor, like information on your rights and options or help with negotiations and paperwork.
Where can I find information on the average length of time proceedings take?
After the death of the testator, an heir may waive succession by an explicit declaration made to the court within one month from the date on which the heir is advised of this right.
A party or a party’s legal representative may not be a witness; however, an ordinary representative (pooblaščenec) or an intervenor (stranski intervenient) may be a witness.
MPs may submit written motions to amend a Bill that has been adopted at first reading within the term specified by the National Assembly.
Judicial system in the Republic of Croatia The Constitution of the Republic of Croatia stipulates that authority in Croatia is organised according to the principle of separation of powers, so that legislative authority is exercised by the Croatian Parliament, executive authority by the Government of the Republic of Croatia and judicial authority by the courts of Croatia.
You can find both legal and factual details in the Irish land register.
The Court of Cassation The Court of Cassation (Cour de cassation) is the supreme court in the ordinary court structure.
Heirs by law are legitimised with a succession certificate issued by the mayor of the municipality of the last permanent address of the deceased.
If the object of a contractual obligation is divisible and the creditor has performed their obligation in part by the time bankruptcy is declared, the creditor may make a set-off in respect of the debtor’s financial obligation corresponding to that part of the creditor’s obligation that has been performed.
A consumer complaints committee is competent to settle any disputes relating to losses caused by a defective product, provided that the loss can be determined.
Regulatory framework governing the fees of legal professions Legal advisers The fees of legal advisers are not regulated in Estonia.
It can pass, amend, supplement and repeal laws.
If the complainant agrees, the Ombudsman may forward the complaint to that authority.
The tasks of the National Environmental Protection Agency are to: ensure strategic environmental planning; monitor environmental factors; deal with the authorisation of activities having an impact on the environment; implement environmental legislation and policies at national and local level; submit reports to the European Environment Agency on the following: air quality, climate change, protected areas, soil and water contamination.
‘Article 5 (Enforceability on third parties) 1 - Acts subject to registration shall only produce effects against third parties after the date of their registration.
In the course of judicial review, three (or in certain cases – if justified by the particularly complex nature of the case – five) professional judges sit in the Curia.
In the case of amendments, the user can directly edit the consolidated version of a current legal document (acts, government regulations, etc.) and the application automatically creates an amended version.
In the case of a petition where both spouses have agreed on the divorce, it must contain the signatures of both spouses.
Their jurisdiction is distinct from that of the ordinary courts.
Usually, the Council of Ministers adopts legislative proposals and sends them to the Council of State for its recommendation.
If an application is incomplete, the court must request additional information.
Practice as a notary is incompatible with any other paid activity (except where the law states otherwise).
If a freezing order or a ‘Mareva’ type order is made, then the party to whom the order is directed cannot deal with their assets in any manner that would be incompatible with the court order.
There are no documents required to be issued proving the status and rights of beneficiaries.
Yes, via the Austrian e-Justice platform.
The rule for calculating all procedural time limits is that the end of the period for carrying out the procedural act is extended to the following working day if it falls on a date when the courts are closed.
This will involve training providers such as the Academy of European Law, and the European-level professional organisations such as the European Network of the Councils for the Judiciary, the Network of the Presidents of the Supreme Judicial Courts, the Association of the Councils of State and Supreme Administrative Jurisdictions and the Network of the General Prosecutors of the Supreme Judicial Courts of the EU.
Court hearings are held in public, save when, in order to safeguard personal dignity or public morals, or to ensure its own proper operation, the court in question decides otherwise by way of a written order setting out the grounds for its decision.
An appeal may be brought against the decision within 15 days of it being served.
The Register can be consulted using the links indicated at the bottom of this page.
Damages may be awarded to a spouse if the divorce has particularly severe consequences for them: where they were the defendant in a divorce granted on account of the irretrievable breakdown of the marriage and had not themselves brought an application for divorce, or where the divorce is granted against the other spouse and the blame lies wholly with the latter.
Users of the Infogreffe site can access certain information on businesses listed on it free of charge, but most of the information in the database can be obtained only for a fee.
Criminal proceedings in Greece start with the investigation (dierévnisi) of the crime.
Penalty interest on late payments: For agreements falling within the scope of the Act on the terms of payment for commercial contracts (30/2013), the statutory interest on late payments is eight percentage points higher than the reference rate in force at the time in question (Interest Act, section 4a, paragraph 1), i.e. currently the rate is 8.5 %.
Entries can be relied upon against third parties only after their publication in the official gazette, unless the relevant information was known to the third party before publication.
Such persons may exercise this right by acting on their own behalf or by appointing a person of their choice to act for them.
The Federal President may empower the federal government or the responsible members of the federal government to conclude categories of international treaties which are not political and do not amend or supplement legislation.
Reproduction of content on Romanian pages is authorised, provided the source is acknowledged, save where otherwise stated.
The family relationship can also result from adoption (as a child), as this process creates a fully-fledged family relationship in law between the child and the adopter as well as the latter's relatives, along with all the associated rights and obligations.
The information is also often to be found on the Enforcement Authority's website.
Enforcement agents (Agentes de execução) Enforcement agents are professionals to whom powers are granted at national level to carry out civil enforcement activities.
Administrative courts Matters of administrative law mainly fall under the authority of regional courts (krajský súd) and the Supreme Court of the Slovak Republic (Najvyšší súd Slovenskej republiky).
A legatee, someone who has been bequeathed specific property through the will, is entitled to request an official estate administrator.
If an item of immovable property is bequeathed, a notarial deed always has to be presented to effect the transfer of the property to the legatee regardless of which rules of succession are applicable.
An act implying the intention to accept which cannot be performed by anyone other than an heir thus constitutes an act implying acceptance (Article 783 of the Civil Code).
All Danish lawyers (advokater) are mandatory members.
Information for victims of crime: rights of civil parties/injured parties.
Portuguese civil procedural law provides for two types of protective measures: a) common protective measures; b) specified protective measures.
The reduction does not apply if mediation is not permitted by law in the particular case or if the parties go to court in spite of the settlement reached through mediation (except to give effect to the settlement in the absence of voluntary compliance).
If the document cannot be served in the manner described above, it should be left at a post office or the local town hall.
Territorial jurisdiction in proceedings in cases concerning adoption will be had by the court in whose district the child has his residence, determined by agreement of his parents or otherwise in accordance with the law at the beginning of the proceedings.
If, in order to obtain evidence, the party infringes a provision of criminal law protecting the core basic rights and freedoms laid down by the Constitution (e.g. physical injury, kidnapping, or coercion of a witness to give testimony), the evidence so obtained is inadmissible and may not be accepted by the court.
As a general rule, proceedings before the justice of the peace are kept as simple as possible (Sections 316–318 of the Code of Civil Procedure).
The decisions laid down in the section referred to in (i) are recognised in the requested Member State without any possibility of opposition; benefit from the abolition of exequatur; are immediately enforceable in the requested Member State; enable the maintenance creditor to bring precautionary measures laid down in the legislation of the requested Member State.
2 Where the ordinary civil courts have jurisdiction (i.e. these are the courts which have responsibility for such cases) how can I find out which one I should apply to?
Article 25 1 (j) Authorities competent for enforcement The Court of First Instance and the Commercial Court, as laid down in Article 86b(2) of Spain’s Organic Law on the Judiciary (in particular for cases where the claim is linked to a claim deriving from a transport contract).
The implications of legal separation for the matrimonial property, child custody (visiting rights), maintenance payments and pensions are the same as those for divorce.
3.5 Marriage, unmarried/cohabiting couples, partnerships, divorce, judicial separation, maintenance obligations As regards capacity to marry, see point 3.3 above.
As mentioned above, taking a child abroad for a short period of time requires the consent of the other parent.
The party opposing recognition of the decision may appeal against the recognition order or, as appropriate, the order granting enforcement of the decision.
Information and training There is no specific information on mediation training, and no national training body for mediators.
Unless they are damaging for the children, agreements by the spouses adopted to govern the consequences of annulment, separation or divorce will be approved by the judge.
The payment of administrators is set by the judge in accordance with a fee scale, as laid down in Royal Decree 1860/2004 of 6 September 2004.
The husband of a child’s mother may contest a presumption of paternity within two years of the day he discovers that the child is not his.
Consequently, adopted children generally have the same rights as biological children (special conditions may apply if ‘children’ over the age of majority are adopted).
The application must state the grounds for which the time limit was not complied with, the evidence for ascertaining the truth and the omitted act, or state that it has been performed.
It covers the recovery of overdue payments and payments that will become due, automatic updates set by the decision and interest on arrears.
However, as mediation is certainly not suitable in every abduction case it would be good practice to introduce a screening interview into the procedure.
This could also help to lessen any concerns of the parents and to enhance their understanding of mediation.
No, the date of the event which triggers the time limit (e.g. service) is not included for the purpose of calculating the deadline.
In addition to the provisions of Article 20 of the Regulation, the provisions on extraordinary channels of appeal in Chapter 31 of the Code of Judicial Procedure also apply to the European order for payment.
According to the law, you have certain individual rights as a victim of a crime before, during and after the proceedings.
The Independent Police Complaints Board 1.
Legal practitioners may be interested in the first two foundation modules, which provide an introduction to understanding FGM as a human rights issue and as a specific form of gender‑based violence.
However, there is a form for referral to the court.
Situation 3: the deceased has no children or spouse but leaves brothers and sisters (or nephews and nieces) In that situation, a distinction has to be made according to whether the deceased’s parents are still alive.
Defendants can add their own documents and consult their case electronically.
The party may also provide the court with an electronic address for service to which documents served during court proceedings may be sent.
Article 14(2), third indent - Available methods of receiving applications Postal license holder and fax.
Is it possible to enforce a mediated agreement ?
As a consequence, the bankruptcy estate shall have a right to assume the status of a party in issues concerning the assets belonging to the bankruptcy estate: the estate shall be reserved the opportunity to resume court proceedings pending between the debtor and third parties concerning assets of the bankruptcy estate.
The court decides to grant a divorce on the basis of a petition filed by one of the spouses.
Division and award of the assets.
The State Attorney's Office is an autonomous and independent judicial body that is authorised and obliged to take action against perpetrators of crimes and other punishable offences, to take legal action to protect the assets of the Republic of Croatia and to use remedies to protect the Constitution and legislation.
An agreement as to succession or disposition contained therein may be cancelled or revoked while the parties are still alive by a notarially authenticated agreement between the individuals or by a new agreement as to succession.
Parental authority must always be exercised for the benefit of the children, in accordance with their personalities, and with respect for their physical and psychological integrity.
Formats Ordinary courts' case-law is available in html format whereas the Supreme Court's case law is available in pdf format.
After a decision determining the value of immovable property becomes final, the court issues an order for the sale of the immovable property.
Yes Will medical certificates, given by doctors in my country of residence, be accepted or recognised – or will my health/injury have to be examined by your own medical experts?
However, where there are children of the marriage, the Supreme Court must be satisfied that suitable arrangements have been made.
Acts and Regulations gain legal force only once they have been published in Riigi Teataja.
Process for adopting these rules of law The way in which rules are adopted varies according to the specific procedures to be followed by each body responsible for adopting the rules.
This website provides information on conciliation (mediation in criminal matters).
Once the investigation has ended, the Public Prosecutor starts prosecution in order to set off the criminal process unless he thinks the case can be dismissed.
In what way could my own behaviour in relation to the crime, my criminal record or failure to cooperate during the compensation proceedings affect my chance of receiving compensation, and/or the amount I receive?
Statutory interest rates are regulated by Section 1000 of the Austrian Civil Code (Allgemeines bürgerliches Gesetzbuch, ABGB).
The specialities are defined widely enough to include any spoken or written language.
You can search the directory for a mediation provider that is local to you; and the cost of mediation is based on a fixed fee, depending on the value of the dispute.
In addition, legal aid may be withdrawn or restricted by the court of its own motion, or on a proposal from the public prosecutor, if it is shown that the conditions for granting it were never satisfied, or no longer apply, or have been changed.
However, if it does not give its consent to an act, it may demand that the Mediation Committee be convened.
A court fee must be paid at the time of filing a request for, an objection to, or an appeal against enforcement.
The summons is served at least 15 days before a hearing.
No state fee is payable for correcting an entry in the land register.
Appeals are processed and judged as in civil matters, with a time limit for claims and response of 15 days.
Before a Bill can become and Act of the Assembly, it has to be considered and passed by the Assembly and given Royal Assent by the monarch.
Besides statutory representation, the Code of Civil Procedure also makes a distinction between the representation of parties to proceedings under a power of attorney and representation further to a court decision.
Article 71 1.
(g) - Accepted languages for translations of documents Greek.
The Plenipotentiary supervises the issuing of certificates of disability and determining the degree of disability.
Applicable income threshold in the area of criminal justice for victims In criminal proceedings victims may receive state legal aid, i.e. a lawyer to represent them, who is appointed in accordance with the procedure laid down in the Criminal Procedure Act and in the cases provided for therein.
At that time, the heir acquires a hereditary right and the deceased's estate passes to him/her by force of law, becoming his/her inheritance.
The Register of Securities is the electronic service environment of the Estonian Central Register of Securities, which is intended for both companies and private individuals and in which searches can be performed and information can be promptly obtained on the securities and securities accounts entered in the register within certain agreed limits.
Case law of the Supreme Court (Ανώτατο Δικαστήριο) The doctrine that applies in Cyprus is that judgments handed down by the Supreme Court are binding on all the lower courts.
The contribution towards the child’s maintenance and education is paid either by one of the parents to the other or to the person to whom the child has been entrusted.
The creditors’ claims are satisfied in the manner and to the extent determined in the arrangement, the debtor is exempt from paying any amount beyond this.
Public authorities may also carry out searches using the name of the entity subject to registration or its NIPC or via the Webservice made available with the authorisation of the IRN.
The prerequisite for filing this extraordinary judicial remedy is the protection of the public interest, which can be determined only by the Supreme State Prosecutor.
In terms of criminal proceedings, the debtor may be convicted of desertion of the family.
If the dwelling exceeds the housing needs of the debtor and their family, as specified in a dedicated Regulation adopted by the Council of Ministers, a share thereof is sold, provided the conditions laid down in Article 39(2) of the Property Act (Zakon za sobstvenostta) have been satisfied; other things and receivables protected by law against enforcement.
In practice, the examining judge also asks the witness for an identity document and has the details entered in the record of the proceedings.
Austrian law recognises three types of divorce: divorce on grounds of fault, divorce following separation for at least three years and divorce by consent.
A court lifts an interim measure if the reasons for which it was ordered cease to exist.
The register focuses both on the legal circumstances of a property, such as the legal regime, and on the factual circumstances, such as the property owner's name.
An applicant for judicial separation is not required to prove that their marriage has irretrievably broken down.
3.2 the division of property of the spouses The court, on granting a decree of divorce, nullity or judicial separation, or afterwards, can order that property should be transferred from one spouse to the other, or to a child of the family, or to another person for the benefit of a child of the family.
Where there are no first or second degree heirs, the spouse inherits the entire estate.
The scope of the German Mediation Act exceeds the requirements of the European Directive; while the Directive provides only for cross-border civil and commercial disputes, the German Mediation Act covers all forms of mediation in Germany, irrespective of the form of dispute or the place of residence of the parties concerned.
The empowering of heirs or legatees is recorded at the registry office by means of an endorsement on the deceased's death certificate.
Scope of application of legislation The geographical scope of application of legislation extends to the territory of Hungary, while that of local government decrees extends to the administrative area of the local government.
Swedish substantive law does not contemplate the legal institutions of legal separation or annulment of marriage, and there are no generally applicable conflict‑of‑law rules that might apply to such cases.
The contact points distribute the publications of the European Commission to courts, citizens and other target groups and work to increase the visibility of the network.
The autonomy and independence of the legal profession is ensured by attorneys exercising their liberal profession autonomously and independently.
Many work in specialist practices, but some also work in partnership with solicitors.
An application submitted by a creditor may be approved only with the consent of the debtor.
Summary of the criminal process In principle, the criminal process in Austria comprises three procedural stages: preliminary proceedings trial appeal Details on all of these stages in the criminal process and about your rights can be found in the factsheets.
If the conclusion of the expert witness is challenged, the court may appoint one or more other expert witnesses.
The Estonian Code of Civil Procedure has a special rule providing for conciliation by a judge in situations where a parent violates an order relating to contact with a child.
Please refer to the website of the Irish Tax and Customs service.
Court costs have to be paid before the application is submitted (State fee (valsts nodeva), registry fee (kancelejas nodeva), and expenses necessitated by the consideration of the case (ar lietas izskatīšanu saistītie izdevumi)); this can be done at a bank.
The court may refuse to allow a claim for maintenance after divorce if the defendant proves that the claimant is guilty of serious misconduct making further cohabitation impossible (second paragraph of Article 301(2) of the Civil Code).
In these cases they may approach a mediator or bring a claim before the district court in the place where the child is currently domiciled, which will settle the dispute, after hearing the parents, in order to rule whether the right of the child to travel abroad should be exercised with a view to a specific need.
At its meeting on 28 January 2011, the Judicial Council agreed that court mediation in civil proceedings could be applied in all of Lithuania's courts and that this service should be available irrespective of region.
In addition, some of your rights may extend to your family members and relatives.
Related links Council of State Court of Audit
Each military court has the status of a military base.
Using a simplified procedure in the context of summary proceedings, the enforcement authorities can require a party to make a payment or to take other steps.
If there is neither agreement nor a court ruling, each former spouse reverts to the names he or she had prior to the marriage.
Where a party receives the document from an official of the mayor’s office, the latter submits the proof of delivery and the report to the court within 24 hours.
The Supreme Court (Riigikohus) reviews decisions made in civil matters by the circuit courts, on the basis of appeals in cassation and appeals against rulings.
This means that the debtor can no longer sell, gift or mortgage such assets.
3 - The national director of the PSP may authorise the weapon to be registered in the name of the estate administrator until the partition of property of the deceased person, in which case it is mandatory to deposit the weapon in the custody of the PSP.
First and foremost, this means providing an account of all the circumstances which could help clarify the facts of the case.
This generally means that the offender must be reported to the police.
Minors who are 16 years of age may also draw up this kind of will.
For the delivery to have effect, the addressee must confirm receipt by data message within 3 days of the document having been sent (e.g. to the e-mail address of the relevant court) with its guaranteed electronic signature.
For example, there is a code of conduct for mediators.
If you wish to bring a civil claim against the Bulgarian State, you need to apply to the courts in the district where the dispute arose, or, if that is outside Bulgaria, to the courts in Sofia.
The use of mediation does not rule out a subsequent decision to bring a prosecution, for example if the terms of mediation are breached.
It verifies and monitors the compliance of the processing of personal data in the country with the requirements of the Personal Data Protection Law (Fizisko personu datu aizsardzības likums).
The Federal Republic of Germany is a democratic, federal and social constitutional state.
The General Council of the Judiciary supports and supervises mediation initiatives which are carried out in local criminal courts (Juzgados de Instrucción), criminal courts (Juzgados de lo Penal)and provincial courts (Audiencias Provinciales).
Compulsory settlement proceedings take place with the intention to allow an insolvent debtor to become financially solvent in the short and long term by implementing suitable measures of financial restructuring.
However, the family court amicable settlement divisions are founded on the concept of reconciliation (Article 731 Judicial Code): the judges aim to reconcile the parties even if they do not make the final judgment in the case.
We will resolve a challenge within 30 days of receipt of the challenge.
The commissioner may use that separate account only for the purposes of receiving and making payments relating to the management and disposal of the bankruptcy estate of the consumer who is the subject of bankruptcy proceedings, and the commissioner is obliged to keep separate from his/her own assets any payments made into the account relating to the management and disposal of the bankruptcy estate.
In the case of a religious marriage, divorce proceedings can be initiated only after notice has been given to the bishop of the district in which the applicant resides.
In the event that the court upholds the application either wholly or in part, its decision has the same effect as a judgment given in default of appearance.
Rules relating to the choice of jurisdiction by the plaintiff are laid down in Section 28 of the Law on Civil Procedure, which gives a detailed list of types of case and alternative courts before which a claim can be brought: An action arising in relation to the activities of a subsidiary or representative office of a legal person may also be brought in the court of the registered office of the subsidiary or representative office.
In the event that the Court accedes the application, it shall make such provisions and conditions, as it may consider necessary in the circumstances of the case.
How to search for a legal translator in Poland Database of sworn translators The sworn translators’ database allows you to search for a translator or interpreter by: Family name Type of translation City Language.
The Prosecutor-General (Riksåklagare) is the highest-ranking prosecutor in the country and is responsible for and heads the prosecution service.
Articles 71 to 74 list the legislative powers of the Federation.
In this regard, some claims have precedence over others.
Annex III - The courts with which appeals referred to in Article 43(2) may be lodged - in the Federal Republic of Germany, the Oberlandesgericht.
The National ECLI coordinator is responsible for establishing the list of codes for the participating courts, the publication of the way the ordinal number is made up, and all other information that is relevant for the functioning of the ECLI system.
On this page you will find a list of the central authorities.
If, in accordance with the judgment, the obligation should be complied with by more than one defendant, and if it is divisible, the obligation – unless the judgment determines otherwise – must be complied with by all the defendants equally.
The court of appeal may uphold the judgment appealed, in which case it will reject or rescind the appeal or declare the proceedings to have lapsed.
It applies not only to maintenance decisions made after its entry into force, on 18 June 2011, but also to decisions made before this date.
Use of this pre-printed form is, however, optional.
The enforcement application must contain the instrument on which enforcement is based, state the enforcement sought from the Court, the assets of the judgment debtor that can be seized, the tracing and investigation measures to identify the debtor’s assets, the person or persons against whom enforcement is to be carried out, identifying them and their circumstances.
Announcements made by other authorities which are added to the register include public summonses issued by trade register authorities, announcements of mergers and demergers of companies and announcements related to the sales of distrained assets published by distraint authorities: discussion about division of assets, forming of creditors' agreements and correspondence with creditors.
If the consignments cannot be handed over in the described manner a notice will be left in the post box of the addressee advising him when and where to collect the consignment.
Where requests are made under Article 17, the requesting court is responsible for the service of notice and for making the necessary arrangements.
Within the scope of their powers, the government and individual ministers are independent and accountable to the National Assembly, which can impeach them (before the Constitutional Court), vote on confidence or terminate their office by way of interpellation.
Legislation may be repealed or amended only by provisions of the same or greater legal weight.
The procedure varies depending of the amount of the claim to be recovered.
Mediation is an out-of-court procedure in which the parties concerned use the assistance of a mediator to resolve a dispute arising from their contractual or other legal relationship.
In certain cases, courts of appeal also act as courts of first instance: e.g. for the impeachment of a lower court judge or civil servants of high standing.
In urgent cases, summons to civil trials may be delivered by means of electronic mail even in the absence of electronic contact.
The court will grant the request if it finds the participation of an advocate or a legal counsel in the case necessary.
How to search for data The electronic land registration system allows searches by: (a) personal data; (b) Hellenic Cadastre code; and/or (c) property address.
National rule: Legal Aid Act Act No 327/2005(328 Kb) on the provision of legal aid, by which the Slovak Republic transposed the Legal Aid Directive, has been in force since 1 January 2006.
These instructions are given by handing over the bailiff’s copy (an authentic copy of the judgment) to the bailiff.
Beneficiaries in the second class inherit in equal proportions; however, the spouse must always receive at least one half of the estate.
The Dutch business register is owned and maintained by the Dutch Chamber of Commerce (Kamer van Koophandel), as authorised by the government through the Business Register Act.
Children born to married parents or to parents whose marriage has been annulled are entitled to inherit by intestate succession, as are children born out of wedlock whose paternity has been established in accordance with the law.
Contact information The European e-Justice Portal is managed by the European Commission's Directorate-General for Justice and Consumers, Unit B.4.
This means, for example, that statements of claim or court judgements and decisions that can be challenged through immediate appeal must be served by law.
Is access to the Scottish Register of Insolvencies free of charge?
Insolvency Proceedings (Companies) As soon as an insolvency proceeding is opened (the company is dissolved by court order on grounds of insolvency) no action or proceeding shall be proceeded with (stay) against the company or its property except by the leave of the court and subject to such terms as the court may impose.
Thus, the other parent’s consent to a child travelling abroad may be substituted by the court judgment.
3.2 The main conditions A. Precautionary attachment Any claimant with a claim displaying certain characteristics may exercise precautionary attachment, regardless of the value of the goods attached and the amount of the claim (see Article 1413 Judicial Code).
Anyone is authorised, but no one is obliged, to make a declaration of succession.
In addition to documentary evidence, other kinds of evidence (witnesses, experts, statements of the parties) are admissible.
As a rule, objections must be filed with the adjudicating court, in the form of preparatory pleadings, within 14 days of service of the default judgment (non-extendable time limit).
Appeal (Sections 461 et seq.
6(3) of the Rules of the Superior Courts 1986].
The maintenance allowance must be paid as a fixed amount.
The same applies if the will is made before only one notary.
All decisions of lower courts directly connected to these decisions are also to be published.
At the reasoned request of the persons involved in the case or other persons concerned, the court may replace one interim measure with another.
The mediator helps the parties to come to an agreement without actually formally expressing an opinion on one or other possible solution to the dispute.
Most patent and trade mark attorneys work in private practice.
The procedure is deemed to have been completed at the time of drafting the report, regardless of whether the party has received or not the document in person.
1.3.4 ECLI The ECLI search interface is a service provided to the general public by the European Commission in cooperation with the participating case law providers.
If a court takes evidence directly pursuant to Article 17, it does so in its own language.
Moreover, the Ombudsman may not examine cases that are being dealt with by the courts, other than in exceptional cases.
If the legal person’s seat is in Budapest but its operations extend to the territory of Pest County, the court that has jurisdiction over Pest County will deal with the case.
After the lapse, the creditor shall have the same rights as they had before the approval of the restructuring programme.
To initiate a court case, an application must be submitted to the registry of the competent court.
The ruling (the Decision of the Executive Committee) is communicated in writing within 15 days after the decision has been taken at a meeting of the Executive Committee.
Three or four judges are designated for each jurisdiction of the Court of Appeal (cour d’appel); each of them is specialised in family law, commercial law or procedural law.
If a judgment was pronounced orally in the presence of both parties and neither party appealed against it in time, the court can issue an ‘abbreviated copy of the judgment’ confined to the main grounds for the decision.
Before beginning a criminal prosecution, the public prosecutor must have been notified of facts indicating that a crime has been committed (Section 158(2) of the Criminal Code).
The parents may decide on these matters by mutual agreement.
Once an Irish court has jurisdiction in divorce proceedings, it will then apply its own law to the family law proceedings and to any ancillary or related issues.
It is also possible to replace the qualification as a court clerk with a specifically determined period of in-service training or a dispensation procedure.
If the parties do not indicated which law should govern the contract, the law of the state with which the contractual obligation is most closely associated applies.
The amount of the fees and expenses and the terms of payment are agreed in advance by the parties and the mediator.
If one of these periods starts during a mandatory time limit or the start of the mandatory time limit falls in one of these periods, the time limit is extended by the entire period or by the period remaining when it starts.
3) If the party against whom enforcement is sought receives more than one salary or wage, all of them will be added together and the unattachable part deducted once only.
In every case, draft regulations must be reported on by the Secretaría General Técnica (departmental secretariat), without prejudice to the ruling of the Council of State in those cases where this is legally required.
Article 1415 of the Judicial Code qualifies this condition so that claims in respect of regular income in the future (maintenance, rent, interest) and even contingent or potential claims can also be eligible for preventive attachment.
More information is available in the attached Lithuania’s report of the Study on Transparency of costs(950 Kb) In what languages can I obtain information on cost sources in Lithuania?
Salaries of members of the judiciary are determined by the law (Article 154 of the Constitution).
The ‘Public Search’ function allows you to search data on all businesses, whether they are currently active or whether they have ceased trading, and whether they are legal persons or sole traders, and on their establishments.
The effect of the final decision on succession is that the final decision on succession is deemed to have determined the composition of the estate, who the testator's heir is, the size of the inheritance share that belongs to him/her, whether his/her inheritance right is limited or encumbered and if so, how, as well as whether there are any rights to legacies and if so, which.
As regards contracts and legal acts entered into from 1 April 1991 to 16 December 2009, the applicable law is identified on the basis of the Community’s Rome Convention of 19 June 1980, which sets out the same general rule as that referred to above.
An order for payment may only be issued if a claimant is seeking to exercise a right to the payment of a financial amount on the basis of facts claimed by the claimant about which the court has no doubts, in particular if those facts are documented by documentary evidence.
That is the court for the domicile of the minor (or, failing that, for their habitual place of residence) for claims relating to maintenance obligations towards a minor who is competent.
The court may request that parties provide further information within the time limit set for this purpose, which may not exceed 30 days from the receipt of the defendant’s or, where applicable, the claimant’s response.
If the court with territorial jurisdiction is not known, or cannot intervene in good time, the court in whose jurisdiction the minor currently resides will order and carry out enforcement.
Criminal charges against a justice of the Supreme Court may be brought during his or her term of office only on the proposal of the Chancellor of Justice with the consent of a majority in the Estonian Parliament.
Ireland(145 Kb):Court services are responsible for organising training, which is provided by a mix of public and private structures.
The decision must be notified to the person submitting the document and the notary who authorised the deed, or the courts or administrative authority which issued the document.
You can find the locations of the Crime Victim Support Offices in the following link.
Article 11 – Costs of service No uniform fee has been set to cover the costs of service in the Republic of Croatia.
NATIONAL HUMAN RIGHTS INSTITUTIONS The Ombudsman ('Rzecznik Praw Obywatelskich') Address: CONTACT_INFO The Ombudsman’s role is to safeguard the rights and freedoms of persons and citizens laid down in the Constitution and in other regulatory instruments.
Once a fact has been entered, a third party must accept the fact as binding on it.
Where the document was served by post, the addressee cannot refuse to accept a document served by registered letter with a form for acknowledgement of receipt.
See the answer to Question 1.
In the High Court, the relevant Rule for judgment in default of appearance is Order 13 of the Rules of the Superior Courts 1986 as amended and for judgment in default of defence it is Order 27.
Subsequent meetings cost €57 (the figure is laid down by Grand-ducal Regulation).
Creditors may not pursue claims against certain tangible movable goods: which are necessary for the daily lives of attachees and their families; for the pursuit of their profession; or for the continuation of training or studies of attachees or their dependent children living at the same address (see Article 1408 of the Judicial Code).
Organisation The Notarial Council is the general body overseeing the notarial profession, and is entitled, either on its own initiative or following the receipt of a complaint, to investigate the conduct of any notary considered to be acting in a manner that is at variance with the decorum of the notarial profession.
In particular, they also point out that the grounds for jurisdiction whereby an action for payment liability may be brought where the defendant has property may not be applied to a person who is resident in a Member State or a State party to the Convention.
Third parties who may conduct sale proceedings The sale is carried out under the court’s authority by an auctioneer nominated by the court and no third parties may conduct the sale proceedings.
After a divorce the principle is that each spouse is responsible for his or her own support.
The Agreement between Estonia and Poland on Granting Legal Assistance and Legal Relations on Civil, Labour and Criminal Matters.
The procedure is the same (see question 11).
Subsequently, a dividend is paid to creditors in the order of priority laid down in the Bankruptcy Law.
A mediator acting within the remit of the Probation and Mediation Service in accordance with Act No 257/2000 must successfully complete a qualifying examination.
The declaration of inheritance can be recorded in the public register of immovable property.
Also, applicants must present a written statement providing the following data: marital status, income, sources of revenue and assets.
Article 2(4)(d) – Languages that may be used for the completion of the standard form set out in Annex I Languages that may be used for completion of the standard form: English, French, Portuguese or Spanish.
Its key activities include: carrying out assessments and providing certifications in respect of disability and functionality; granting social benefits to persons with disabilities; providing direct and indirect professional rehabilitation and other support services.
Enforcement takes legal effect before the decision on enforcement becomes final, unless the law stipulates otherwise for specific enforcement measures.
Country: Estonia Instrument: Mediation Article 10 - Information on competent courts or authorities Article 10 - Information on competent courts or authorities A request that the content of a written agreement resulting from mediation be made enforceable must be submitted to the county court in whose jurisdiction the mediation took place.
The applicant may request that the decision on maintenance allowance payment handed down by the Hungarian court be enforced abroad and – in the absence of such a decision – that the obligation to pay maintenance allowance be established abroad, or that the amount of the maintenance allowance to be paid abroad be increased.
Notaries Organisation See the website of the Royal notarial professional body (Koninklijke Notariële Beroepsorganisatie).
Wills and inheritance contracts that are kept in safe custody must be opened upon the death of the person who made the dispositions mortis causa contained therein (to whom the law refers as the ‘testator’).
The debtor shall retain the authority over their assets and activities, unless otherwise stipulated by law.
The rules governing the profession are laid down mainly in the Act (loi) of 27 December 1923, Order (ordonnance) No 45-2592 of 2 November 1945, Order (décret) No 56-222 of 29 February 1956, and Order (décret) No 75-770 of 14 August 1975.
Such subordination, postponement, waiver, modification or similar action may be made by agreement with or by unilateral declaration to any person, including another creditor, whether determined or yet to be determined at the time of the entry of such agreement or the making of such declaration.
If the court declares the action for review enforceable, it will, in whole or in part, modify the decision appealed against and, in the event of an adverse final decision, will annul that decision.
Legal aid also covers advice for the out-of-court settlement of a dispute, actions for the amicable settlement of disputes and drafting settlement agreements.
'Secondary legal aid' (antrinė teisinė pagalba) covers the drafting of documents, defence and legal representation in court.
Decision-making process Initiation Legislation can be introduced by deputies, the Senate, the President of the Republic, the Council of Ministers and a group of at least 100.000 citizens entitled to vote in elections to the Sejm.
In this respect, a general section dedicated to service by publicity is operated on the Courts Portal.
The time limits expressed in days are always calculated in full days, however the act can be submitted only within the working hours of the court services.
This may occur in the following cases: aa) administrator for the exercise of membership rights in business associations (Section 32(2) of the Succession Act) If the estate includes a participation/share in a business association (or cooperative), the notary public may appoint an administrator for the temporary exercise of rights arising from the participation/share.
However, the parties to a property dispute can depart from the rules of territorial jurisdiction by signing an agreement attributing jurisdiction to a particular court.
In the case of exclusive jurisdiction, proceedings may only be initiated before a specific court.
Access is via a valid digital certificate attached to a smart card.
A written opinion must state the actions they have carried out and give the views of each of them, with reasons, and must be signed by them.
The same penalty applies when, after the action has been brought, the process is stopped for more than 30 days by the applicant's negligence or the defendant is acquitted and the applicant fails to bring any further action in time to take advantage of the effects of the previous action.
Criminal Cases in the Magistrates’ Court Magistrates’ courts deal with criminal offences where the defendant is not entitled to trial by jury.
Such law has primacy over any conflicting provision in the domestic legislation.
The main workload of the administration of justice lies with the Länder.
Secret wills may be delivered by the testator before a judge or magistrate sitting in the Court of Voluntary Jurisdiction: they may also be delivered in person to a notary, who has four working days from the date of delivery to file the will in the Court of Voluntary Jurisdiction for safekeeping by the Court registrar.
The Court of First Instance can therefore be described as the ordinary or usual court.
National Courts The Ombudsperson Specialised Human Rights Bodies National Courts There is no special competent court in Greece before which to seek redress in the event of an alleged violation of fundamental rights.
Regional courts (törvényszékek) Regional courts act as courts of first or second instance.
The Judge in such circumstances shall give such directions that he considers most advantageous in the interest of the bankrupt and the creditors, even if the circumstances so arise, to allow the curator to re-establish the bankrupt’s affairs or increase his assets, as long as this is to the benefit of the creditors to.
The party filing the claim has to file the document in court indicating the person on whom the document is to be served and the address of service.
The details are governed by Sections 244 to 250zg of the Code of Civil Procedure Courts do not have the power to amend legislation adopted by executive power (secondary legislation).
3.8 Real property Under Article 41(1) of the PILA, ownership and other property rights shall be governed by the law of the country in which their object is located.
If the defendant does not have a place of residence in Hungary, jurisdiction is governed by the place of stay of the defendant.
The law that should be applied, according to the Act on Private International Law, need not be applied in wholly exceptional circumstances where, after proper reasoned consideration of a summary of all circumstances of the case and in particular of the parties’ justified expectation regarding application of another law, it would appear disproportionate and contrary to a sensible and fair settlement of the relationship between the parties.
The Centre for the International Legal Protection of Children and Youth was set up by the Slovak Ministry of Labour, Social Affairs and the Family, which directly manages it as a state-funded organisation providing legal protection to children and young people where a foreign country is involved.
Within the same time limit, the creditor may also file an action for annulment against a judgment refusing the order and against a partial order for payment.
These provisions establish that at the start of a hearing, a witness’ identity must be established as well as any circumstances that could impact on the witness’ credibility (family relationships etc., Section 126(2) of the Code of Civil Procedure).
The role of the Mediation Committee is to produce proposals for achieving unanimity, though it cannot itself make decisions on behalf of the Bundestag and the Bundesrat.
Before a proposal for legislation (known as a Bill) can become an Act of Parliament, it must be approved by both Houses of Parliament: the House of Commons and the House of Lords.
In the course of the action, these costs may concern the costs of proceedings paid to officers of the court or court officials, fees paid to the State and consultancy fees.
According to Section 75(1) of the Family Act, in determining the amount of maintenance the court takes into account the legitimate needs of the beneficiary, as well as the abilities, opportunities and financial situation of the debtor.
If the defendant does not have a place of business, his ordinary court will be the court in whose district the defendant has his residence.
The amount of such compensation is at the discretion of the court, taking into account the age of the deceased person, his or her ability to support himself or herself before death and, finally, the needs of the person for whom maintenance is to be provided.
Therefore, where foreign law refers back to Estonian law, the rules of Estonian substantive law are to be applied.
Produced jointly by the European Court of Human Rights (ECHR) and the European Union Agency for Fundamental Rights (FRA), it is available here in English, French, German and Italian.
The insolvency court then issues an order on the distribution of the estate, in which it determines the amounts to be paid to creditors.
It should be noted that, unlike other legal systems, Hungarian law recognises no correlation between the liability of heirs and the inventory of the estate.
The court fixes the date of the case in open court, to which it summons the parties by sending to the plaintiff the additional reply, and it communicates its decision to the parties.
The only grounds for challenging are either non-compliance with the formal requirements, or the disproportionate nature of the sacrifice demanded.
Ex post review of conformity with the Fundamental Law (ex post review procedure) This procedure, introduced in 2012, may be initiated by the Government, one quarter of Members of Parliament, the Commissioner for Fundamental Rights, the President of the Curia or the Prosecutor General.
An application for recognition of an overseas divorce, separation or annulment must be made to the High Court.
Claims for between EUR 15 000 and EUR 75 000 must be filed with a Court of First Instance, unless they come under the special jurisdiction of the District Courts.
In addition, the parties can use other public registers to obtain address details.
In the first instance are the regional administrative courts (Verwaltungsgerichte).
Depending on the factual circumstances, a party may request that the maintenance obligation be cancelled, or the amount of maintenance be increased or reduced.
Directors of school clusters/non-grouped schools and the rector/chair/director of the higher education institution/establishment have disciplinary authority over teaching staff, non-teaching staff and students.
Private documents may only be entered in cases explicitly provided for by law and under the Business Register regulations.
Is access to Finnish land register free of charge?
In cases of substituted service, special requirements apply: In these cases, the reason for substituted service must always be included in the record as well.
Where can I find additional information about costs?
Enquiries may also be made in writing to Helsinki Register Office, CONTACT_INFO.
Lawyers’ fees are subject to a fee agreement established with their client.
Where the documents to be submitted are required under the Code to be translated into a foreign language, the participants in the proceedings must submit certified translations thereof to the court in compliance with the established legal procedure.
The public defence counsel is also appointed upon request for a person suspected of an offence, unless a sentence less severe than 6 months’ imprisonment is prescribed by law in respect of that offence.
Otherwise, the ordinary court of the spouse who did not file the claim will have territorial jurisdiction.
The fraction for determining the daughter's compulsory portion is ¼ (= EUR 200 000).
In accordance with Article 261(4) of the New Code of Civil Procedure, the court entrusted under the letters rogatory procedure takes evidence in the presence of the parties, or even in the absence thereof, if they have been lawfully summoned, and has the same duties as the court of referral, as regards the procedure to be followed.
As well as this being a legal obligation of the parents, the crossing of a state border requires personal and other documents which the child, or each of the parents, should bring with them.
Legal aid is awarded in accordance with other criteria.
The court may, of its own motion, state that there are no grounds for making such an order for reasons based on the same considerations.
As a rule, the enforceable title is an enforcement order with an enforceability clause (Article 776 of the Code of Civil Procedure).
This legal basis was modified once in 2009 (the consolidated version is available here).
Even within particular types of procedures, each case is different and times to completion may vary.
4 Is there free online access available to the legal basis mentioned above?
These mediators will have completed a basic mediation training recognised by the NMI and then passed a theory exam and an assessment.
6 Short description of the procedure to settle a succession under national law, including the winding-up of the estate and sharing out of the assets (this includes information whether the succession procedure is initiated by a court or other competent authority on its own motion) Succession is enacted before a notary where there is agreement between the individuals who have the right to inherit, or before a court if no such agreement exists.
EU criminal justice Principle of mutual recognition Victims' rights Restorative justice Language training Legal interpretation in criminal proceedings EU criminal justice European criminal justice training guidelines, (European Judicial Training Network – EJTN) The European Judicial Training Network (EJTN) has developed guidelines for training in the field of criminal justice, which are aimed at trainers.
In Romania, in addition to ordinary courts, there are specialised sections or panels for dispute resolution with regard to certain matters.
For instance, in order for a trading company to be registered as the heir, applicants must provide proof of their power of representation (e.g. official excerpt from the commercial register).
Some goods may be delivered by possession.
The application must contain a reasonable level of detail.
Some primary legislation relating to Northern Ireland is also made by the Sovereign in Council as Orders in Council (statutory instruments) European Union law Secondary (or subordinate) legislation in the form of statutory instruments and statutory rules of Northern Ireland.
The jurisdiction to decide on motions to secure pecuniary claims by compulsory establishment of rights of lien on real estate lies with the court that keeps the land registry in which the entry based on the enforceable document determining the pecuniary claim has to be carried out.
For agreed mediation, the parties may have recourse to a mediator approved by the Minister for Justice or to another mediator.
Complaint processing: Anyone can communicate information concerning a dangerous situation directly to the CPCJ by letter, phone, fax or email, or in person at the committees' offices.
Enforcement of obligations on court notice is permitted in respect of payment obligations which are evidenced by a document and for which the term for enforcement is due, and in respect of obligations for the payment of compensation which is provided for in a contract for the supply of goods, purchase of goods or provision of services, if such obligations are evidenced by a document and a time‑limit for enforcement has not been specified.
The legal aid system must, furthermore, cover cases in which a suspect, an accused, a person incriminated, a defendant or a party to a criminal, civil or administrative case is unable to pay for the assistance of a lawyer, wishes to have such assistance, and the interests of justice require this.
While proceedings to regulate parental responsibility are pending, the judge may also set provisional maintenance for minor children.
Article 71 1.
(g) - Accepted languages for translations of documents Belgium does not accept languages other than the official language or languages of the place of enforcement as provided in Belgian domestic legislation.
See answer to 8.2.
The material scope of the European order for payment is restricted to civil and commercial matters.
Commercial courts also hear matters which fall within the area of jurisdiction of the civil jurisdictional system, with regard, inter alia, to claims in which rights of action are exercised relating to unfair competition, industrial property, intellectual property and advertising, as well as all those matters which, within this jurisdictional system, promote the scope of the regulatory rules of commercial companies and cooperatives.
Those proceedings are heard in the regional courts, whereas for issues not specifically dealt with in Regulation (EC) No 861/2007 the general rules of the Civil Procedure Code are applicable.
Acceptance of an inheritance cannot be partial, and can be express (by means of a corresponding declaration) or tacit (which happens when the heir carries out an act that could not be carried out unless that individual were the heir, such as the sale of an item of succession property).
If the real right has been transferred to a community of co-heirs, the declaration of one co-heir is sufficient to correct the entry, and the other heirs are not considered pertinent, i.e. their consent is not necessary for the entry, because an heir cannot prevent a title that has already been transferred to him or her from becoming visible in the land register.
For claims of between RON 80 000 and RON 100 000 inclusive The maximum fee is the amount of RON 5 900 plus 2% of the amount by which the sum exceeds RON 80 000.
However, according to the first sentence of Section 1629(2) of the Civil Code, the father and the mother are not permitted to represent the child whenever Section 1795 of the Code would prevent a guardian from representing the child owing to a conflict of interest.
ELRN Within ELRA, the ELRN (European Land Registry Network) was set up in 2010 by ELRA members and aims to facilitate mutual cooperation among ELRA members.
A list of training programme providers is also included in the Mediation Council's official website.
The amount of the maintenance allowance payable per child is fixed in general at 15-25 % of the average income of the person obliged to pay maintenance.
Article 3a concerns the requirement for Member States to provide up-to-date information explaining the provisions of national law according to which third parties can rely on particulars and each type of document referred to in Article 2, in accordance with Article 3(5), (6) and (7).
Inspectorate-General of Health Activities (Inspeção-Geral das Atividades em Saúde - IGAS) The Inspectorate-General of Health Activities is a central service under direct State administration, whose task is to ensure compliance with the law and high technical levels of performance in all areas of healthcare provision, both by bodies of the Ministry of Health or those under its authority, and by public, private or social sector bodies.
If a meeting is not convened or if the parents fail to reach an agreement, the judge refers the parties for mediation (if the parents agree to use it) or to a specialist technical hearing, and then reaches a decision.
Articles 362 to 387 of the Civil Code), confession (cf.
Articles 352 to 360 of the Civil Code) and legal presumptions (Articles 349 to 350 of the Civil Code).
The parties are issued with a bailiff’s copy (grosse) of the judgment free of charge.
The document is then returned to the person submitting it, with a footnote, signed by the Registrar, stating that it has been processed.
An application to restrict a person’s capacity to act owing to a mental disorder or other health disorder is to be submitted to the court of the person’s declared place of residence, or failing that the person’s de facto place of residence; if the person has been placed in a medical institution, the application is to be submitted to the court of the place where the medical institution is situated (Section 264 of the Law on Civil Procedure).
This amount is set no later than 15 December of the year preceding the one to which the rate applies.
A fee exemption form.
However, rules exist in national law that provide less extensive legal aid than that provided for in chapter V of the Regulation and therefore must be supplemented by this.
In order to ensure the company’s survival, the new purchaser and the workers may enter into agreements to modify the collective working conditions.
Owing to the primarily personal character of parental responsibility disputes, it also applies certain provisions from the procedure in matrimonial cases, and rules from the procedures for non‑contentious jurisdiction regarding the investigating authority and the taking of evidence of the court’s own motion.
In general, it is the responsibility of the court registry to notify, on its own initiative, witnesses, experts, parties and their representatives when they are required to appear in judicial proceedings pursuant to a court order.
In the case of civil proceedings at second or third instance, the fee becomes payable when the notice of appeal is filed (Section 2(1) of the Court Fees Act).
If the claimant sends off a submission without a certified electronic signature, he is obliged to supplement this submission by a submission on paper.
On being struck off the register, a debtor that is a legal person ceases to exist and a debtor that is a natural person is deprived of their status as an individual trader, entrepreneur or self-employed person.
These charges vary depending on the location of the installation being called.
1 Existence of an order for payment procedure Yes, there is an Order for Payment Procedure.
Annulment proceedings based on defects in consent will lapse if not brought within six months of the cessation of the defect.
Enforcement may also be initiated ex officio at the request of the court of first instance that issued the decision establishing the amount of maintenance.
If the person submitting the complaint does not give his or her first name, surname and address (in the case of a legal entity, its name and head office) in the complaint addressed to the Public Defender of Rights, this will be an anonymous complaint which the Public Defender of Rights is not obliged to attend to.
A standard withdrawal form provided by the seller suffices.
A decision on the objection will be served on the parties and the notary public.
Are there binding rules for the publication of judgments?
The person entitled to maintenance submits the request to the transmitting authority, i.e. the Chief Public Prosecutor, using the various forms provided under Regulation (EC) No 4/2009.
It is very rare for expert opinions to be commissioned for such valuations.
The fact that such a statement comes from a person who has a direct interest in the outcome of the case is just one of the numerous facts to be taken into account by the court in assessing or evaluating the overall evidence.
Handbook on European non-discrimination law (European Union Agency for Fundamental Rights – FRA and European Court of Human Rights – ECHR) The handbook on European non-discrimination law, published jointly by the European Union Agency for Fundamental Rights (FRA) and the European Court of Human Rights (ECHR), sets out the jurisprudence of the ECHR and the Court of Justice of the European Union.
In the case of a judgment on default it is necessary to also submit the original or a certified copy of the document confirming that the party that did not come to the proceedings, the petition to commence the proceedings or another similar document was delivered or any document indicating that the defendant has accepted the judgment unequivocally.
An appeal may be submitted via the internet.
Article 294(1) of the Commerce Act (TZ) provides that interest is due between traders, unless otherwise agreed.
In order for the agreement on parental responsibilities to be legally binding, it must be approved by the court or civil registrar, in one of the forms indicated in the answers to questions 6 and 10.
To this end, the Governing Council of the Judiciary, after receiving advice from the relevant Administrations, sets out regulations regarding the manner in which the electronic records of sentences are to be drawn up, how the sentences are to be reported, handled, announced and certified, in order to ensure the integrity and authenticity thereof and access thereto, as well as to ensure compliance with legislation on the protection of personal data’.
If the agreement is approved, the divorce is decreed.
Categories and specialisation of judges Besides deciding on cases, judges may also serve as court presidents or vice-presidents.
See the answer above.
If these judgements, settlement agreements and official documents meet the conditions set out above, they constitute an enforceable title with which creditors can apply direct to the enforcement authority.
Recourse to judicial mediation is optional and may take place before an action is filed or while it is pending’.
Regulatory framework governing the fees of legal professionals Advocates In Poland, remuneration in individual cases is determined by agreement between the advocate (adwokat) and the client, subject to the law.
Mediators, including persons from lists drawn up by non-governmental organisations in accordance with their statutory tasks and educational establishments, are added to and removed from the lists by the president of the district court in question.
It is not necessary to attach to the application any evidence for establishing the claim.
If the parties have sufficient financial means, they have to meet the costs of mediation themselves.
The ombudsman's work is carried out by the IGEC's territorial inspection areas, which are responsible for assessing complaints submitted by users and agents of the Education System and determining the procedure deemed most appropriate for handling it.
They may also carry out a preliminary investigation that essentially seeks to define the subject of the complaint and set out the grounds for complaint quickly and efficiently.
Proportionality: this requirement is not explicitly set out in the LEC, but we generally consider it to supplement the others, since the court would only grant measures that are strictly necessary to achieve the purpose of securing the proceedings served by the interim protection.
Jurisdiction by subject-matter Pursuant to the Law on criminal procedure, a city or district court hears all criminal proceedings as the court of first instance.
The courts have jurisdiction to deal with a divorce, even if the marriage took place abroad, if either of the parties to the marriage: is domiciled in Gibraltar on the date when the proceedings are begun; or was habitually resident in Gibraltar throughout the period of one year ending with that date.
Where a maintenance debtor does not pay the maintenance creditor can initiate proceedings in the court where the maintenance order was made or in the District Court, depending upon the remedy sought.
BUSINESS DEBT RESTRUCTURING UNDER THE BUSINESS DEBT RESTRUCTURING ACT There are no special provisions regarding recovery.
The trial is generally characterised by a longer or shorter duration in time.
When evidence must be gathered in another judicial district , the court may delegate this task to the local district court (rayonen sad) (Article 25 of the GPK).
The parties may use alternative means of resolving the conflict, either before requesting the court’s intervention, or in the course of legal action.
Upon submission of the action to the competent court, an act of submission is drawn up and a date of hearing is set, to provide the claimant with the submission details.
In administrative cases, judges exercise judicial review over the lawfulness of the actions of the executive (the administrative acts they issue or the conduct they adopt) and consider disputes arising from any relationship governed by public law.
Only law graduates or postgraduates may take part in competitions for admission as notaries.
The rules of the Convention apply to contractual obligations in any situation involving a choice between the laws of different countries.
There are limitations on the enforcement of real estate relating to objects that may not be subject to enforcement, as prescribed by Article 91 OZ.
The cost of publication varies between €1.20 and €24 and can be consulted directly at Fees of Business Registrars or at Association of Registrars of Spain.
These tasks arise from regulations and conventions to which the Netherlands is party.
Where the court, having verified the claim against the submissions, and the declarations of parties, has found that the creditor’s claims are justified, it will issue an order for payment indicating the amount and the deadline for payment.
1.4 Rejection of application Not applicable.
Procedures for rectification and withdrawal (Art.
10(2)) In Estonia, an application for rectification or withdrawal of a European enforcement order specified in Article 10(2) of the Regulation can be submitted in the manner laid down in Section 447 of the Code of Civil Procedure (RT I, 19.03.2015, 27).
Claims that arise after the bankruptcy order is made fall outside the scope of the bankruptcy proceedings and creditors must take action against the bankrupt himself or herself.
If the administrator anticipates this, they must inform the judge and proceed to payment of the claims against the insolvency estate according to a specific order, provided for in Article 176bis(2).
This is the case if the child permanently lives with only the other parent, regardless of whether that person is single or lives together with a new partner.
Related links Legifrance website
However, if a receivable bears interest at a higher rate, the creditor may demand interest on arrears at that higher rate.
In certain circumstances, the respondent may apply for the decree to be made absolute.
If the answers prove that the declaring party is unable to act as a witness or they are not the person who was put forward, the judge will not admit them to testify.
Mediation and specialist technical hearings in the course of legal proceedings If the parties refer the matter to court, civil proceedings regulating the exercise of parental responsibility will be initiated, in which the judge begins by setting up a parent meeting.
In order to benefit from the aid, you cannot already have, or meet the legal requirements to obtain, a qualification of the same level or higher than the studies for which the aid is requested.
There is no statutory time limit for this, and opposition does not have suspensive effect.
If a person becomes a victim of domestic violence or a sexual offence, the court may appoint an attorney or a support person for the victim – for purposes of the pre-trial investigation and the trial.
History of the Dutch Insolvency Register The CIR came into being on 1 January 2005.
A directory is available on its website.
Parents are also liable for the costs of their children’s education after children have reached the age of 18 if that is considered reasonable.
Article 34 The appeals provided for in Article 34 may be brought only: - in France, pourvoi en cassation.
Where the foreign law cannot be determined within a reasonable period of time, or where such determination is impossible, Czech law applies.
(3) In legal relations not arising from the operation of a for-profit undertaking, within the meaning of Article 3(3) of Law No 287/2009 on the Civil Code, republished, the rate of the statutory interest shall be determined in accordance with paragraphs (1) and (2), reduced by 20 %.
Appearance of good law or a prima facie case: The applicant must provide to the court reasons that lead it to make a preliminary judgment on the appropriateness in law of the claim.
However, in the case of divorces filed in Nordic countries, the Nordic Marriage Convention of 1931 is applied.
When the enforcement order or the enforced recovery itself has been cancelled, the party concerned has the right to reverse the enforcement by restoring the situation preceding it (Article 722 et seq.
of the Code of Civil Procedure).
These registers are collectively referred to below as the Swedish business register.
A pre-bankruptcy agreement must not interfere with the right of creditors to separate settlement from assets to which the right of separate settlement applies, unless otherwise provided in that agreement.
Explanation The ruling of 2008-12-18, number K 19/07 Type of decision (judgement/ decision/...), date and file reference number of case.
If a debt restructuring petition is admitted, a creditor cannot, by relying on a breach of a financial obligation that occurred before the debt restructuring petition was submitted, terminate a contract that has been entered into with the debtor and that gives rise to the claims the debtor is seeking to restructure, or refuse to perform their obligations on those grounds.
The permission to reproduce Government of Ireland copyright material does not extend to any material on this site which may be the property of a third party.
A fact is obvious if it is common knowledge (i.e. known or reliably perceptible at any time to a large number of people) or known to the court (to the trial court on the basis of its own official findings or clearly apparent from the files).
The process server informs the addressee that the process has been deposited at the post office or municipal authority by leaving written notification in the addressee’s (home) letterbox.
Official government announcements relating to the system for safeguarding intangible cultural heritage, including safeguard measures and legal protection procedures, pursuant to Decree-Law No 149/2015.
If the Disciplinary Committee considers that a barrister has breached the Bar’s code of conduct, the Committee can impose a disciplinary sanction on the member concerned.
2.2 The main conditions These warrants are issued by the court.
The court has to decide on the allocation and exercise of parental rights and obligations (even when both parents continue to exercise parental rights and obligations jointly) or it can approve an agreement between them.
Assessment of the remaining evidence is carried out in accordance with the principle of free assessment of evidence, without being subject to any rules apart from the rules of experience, i.e, the general and abstract judgments of causal succession.
An appeal in cassation must be filed with the Supreme Court through the court of appeal (sąd apelacyjny) that issued the contested decision (Article 3985(1) in conjunction with Article 11511(3) of the Polish Code of Civil Procedure).
In the case of appeals against the judgement of an extended magistrate’s court of the local court, a second professional judge is added.
A person who applies for the registration of title must submit the document of acquisition and the other documents that are necessary to support the acquisition.
With regard to precautionary measures, proportional recovery duties calculated on the recovered amounts will only be due if the bailiffs are ordered to recover the amounts due.
4 If yes, which particular court should I go to in this Member State, given where I live and where the other party lives, or other aspects of my case?
The creditors present at the hearing vote using the prescribed voting form.
Costs sources Where can I find information on costs sources in Cyprus?
She has to consider children’s rights and the United Nations Convention on the Rights of the Child in all the work that he does.
Liquidation is aimed at distributing all assets of the debtor among their creditors and even enforcement proceedings against assets subject to the liquidation proceedings must be terminated.
It receives claims, petitions and complaints relating to the processing of personal data and informs their originators of the action taken in this respect.
With regard to financial markets, there are special provisions to the effect that netting agreements and similar arrangements relating inter alia to financial instruments will apply with respect to the bankruptcy estate and the creditors.
A husband or wife can obtain a divorce by presenting a written application (called a petition) to the court.
When security is provided before proceedings are instituted, the court sets the deadline by which a letter instituting proceedings should be lodged, on pain of annulment of the security (Article 733 of the Code of Civil Procedure).
Such disputes must be settled under the ‘ordinary’ civil procedure.
Entry on the cause list is only valid if it takes place no later than the day before the day set for the hearing in respect of which the summons was served.
An appeal is also considered to be lodged on time even after the expiry of the fifteen-day period if the appellant was following incorrect information from the court of appeal.
If the person who is jointly and severally liable for the performance of the debtor’s obligation has performed the obligation, the person will only have the right of recourse against the debtor to the extent to which the debtor is liable for the performance of the obligation under the restructuring plan.
The most usual method is by bank transfer.
Notarial acts also fall within the jurisdiction of district courts.
Centre of Court Documents.
A composition proposal that satisfies at least 50 % of the sum of claims is regarded as having been approved by the creditors if three fifths of those voting are in favour and their claims amount to three fifths of the total sum of claims carrying voting rights.
BUSINESS REORGANISATION If, prior to the decision on business reorganisation, the debtor’s counterparty had the right to cancel an agreement owing to the occurrence or prospect of a dispute relating to payments or performance in some other respect, the counterparty is prevented from cancelling the agreement by reason of that dispute once the decision has been taken, if the debtor requests in good time and with the consent of the business reorganisation officer that the agreement in question be performed.
Movable property is sold by oral judicial auction or by direct dealing.
Information can also be obtained from the registry of the court before which the action is pending.
Jurisdiction ratione materiae is determined with regard to the value of the dispute (or with regard to the nature of the case, e.g. in commercial cases).
In other words, parties are free to seek other means of dispute resolution at any point: court proceedings, arbitration.
Banks and other financial institutions are under the same obligations as other parties in relation to compliance with Court Orders.
The central body points this out to the requesting court when it acknowledges receipt of the request.
C. Interim measures The law does not impose any time limit on interim measures.
No, there are no other proceedings that are free of charge.
Anyone may file a proposal for the Constitutional Court to review a decision by the National Assembly calling a referendum or rejecting the calling of a mandatory referendum.
By this registration, the creditor acquires a lien on the member's stake, having effect also against any person who subsequently acquires that stake.
The judgment could also be executed without being declared provisionally enforceable, although its execution would be suspended by the lodging of an appeal.
They are civil servants who enforce warrants of execution, repossess land with warrants of possession and recover goods under warrants for return of goods.
Where they are nationals of different States, the relationship is governed by the law of the State in which both spouses are habitually resident or, where this is not the case, by Czech law.
The court will disregard assertions and evidence submitted late, unless the party shows that they were not at fault for the failure to submit them as part of the statement of opposition or that allowing late assertions and evidence will not delay hearing the case or that other exceptional circumstances apply.
Before filing a complaint with the IGEC, users and agents of the education system should, whenever possible, explain the situation to the competent bodies of the school cluster/non-grouped school, higher education institution or body/service.
The statement of claim to be submitted to the court must indicate the person against whom the claim is being made, what is being claimed, why it is being claimed (i.e. on what legal basis) and the evidence supporting the claim.
The Ministry of Justice has established the maximum amount of this expenditure.
NB: Only persons and/or entities the law deems to be legitimate may submit applications to register immovable assets.
Only natural persons may act as expert witnesses.
However, the company does not have to accept incorrect entries as binding on it if it can prove either that the third party did not trade on the assumption that the entry was correct, or that the third party knew it was incorrect or did not know as a result of gross negligence (paragraph 3).
Costs to be involved being borne by the successful party The successful party normally recuperates all judicial costs provided that the judgment orders the unsuccessful party to pay the costs.
In the absence of a will, the estate is inherited by intestate succession.
Cases falling within the jurisdiction of a district court are usually judged by a single judge sitting alone.
In the Republic of Croatia, the taking of evidence by videoconferencing is free of charge.
However, the court may, at the request of one of the parties, declare that the other party is not fit to have the custody of the minor children of the parties, and where the court issues such a declaration, the party so declared, upon the death of the other party, shall not be entitled to assume the custody of the minor children without the authorisation of the court.
The procedure is governed by Sections 3-5 and 14a of Chapter 31 of the Code of Judicial Procedure, as applicable.
Compensation due to loss of statutory maintenance can be recognised for up to HRK 70 000 in total for all indirect victims.
Court costs in criminal proceedings Fixed costs payable by all parties to a criminal proceeding The fee for an authentic copy of a criminal judgment is EUR 0.25 per page.
This ensures that the technician who is present during the hearing can operate the videoconference equipment without difficulties, since testing will have been carried out in advance.
If the addressee cannot be found, but another person accepts the registered letter, the postal worker records this person’s identity on the acknowledgement of receipt.
This is successful in nearly three quarters of cases.
1.5 Appeal A ruling refusing to admit an application may be contested by filing a separate appeal.
Annex III - The courts with which appeals referred to in Article 43(2) may be lodged - in Latvia, the Apgabaltiesa.
The legal regime of succession is governed by the law of the State in which the testator was habitually resident at the time of death.
If the motion has deficiencies (does not contain the prescribed particulars, or is unclear or incomprehensible), the court will call on the party to remove them.
In the same way as for acts of parliament, the Council of State delivers its opinions on draft regulations in the form of a reasoned report containing general considerations, an examination of the text of the draft and, where necessary, a counter draft regulation.
Licence for acting as administrator The function of an administrator may be performed only by a person holding a valid licence from the minister responsible for legal affairs for performing the function of administrator in insolvency and compulsory liquidation proceedings.
A participant in a case who has submitted a document that needs to be served or who requires another judicial document to be served may apply to the court for arranging the service of the document independently.
Yes, compensation is available regardless of whether the offender has been identified or convicted.
Disclosure is a sanction available to the Defender under law.
Therefore, a fundamental prerequisite and a mandatory condition for granting interim measures is the risk of the plaintiff’s inability to implement his rights ensuing from a judgement that will possibly be delivered with regards to a potentially substantiated claim.
The parties may be represented by their spouse, cohabiting partner, the person with whom they have entered into a civil solidarity pact, their relatives by blood or by marriage, in the direct or a collateral line, or the persons they employ.
The Constitution also sets out the fundamental values of society and the fundamental rights of citizens.
The plan usually shows how the financial situation of the debtor company can be resolved and how its operating results are to be improved.
The High Court comprises of the President of the High Court who is responsible for the general organisation of the High Court’s work and ordinary judges titled ‘Judge of the High Court’.
This does not affect the status of any children.
On which website(s) are official announcements published?
Article 78(1) of the Code: “Persons who have failed to meet a time limit laid down by law or imposed by a court for reasons which the court deems compelling may be granted an extension of the said time limit.” 3.
Organisations which provide legal services pro bono Legal clinics operate at universities and at several non-governmental Hungarian and international organisations active in the field.
Depending on the subject-matter, the court functions as a full bench, as a full bench for each section or by sections.
The removal of a child to another country is also treated as a matter of importance.
The litigant must submit an application for legal aid to the Council in the area of jurisdiction (=jurisdiction of a court of appeal) where the lawyer’s office is situated.
However, subject to the court’s agreement there is a right to trial by jury in actions involving claims for deceit, libel, slander, malicious prosecution and false imprisonment.
Creditors entitled to separate satisfaction (razlučni vjerovnici) are required to inform the liquidator of their right to separate satisfaction and the legal basis for such right, and to indicate the assets to which that right applies.
A court may also refuse to hear a civil action if the victim or the civil defendant does not appear at the session and the case cannot be heard without their presence.
Obligation to pay support: if requested, the court grants the spouse not responsible for the separation the right to maintenance from the other spouse, if he or she does not have sufficient independent means.
However, in some circumstances the allocation rules may be used to assign different types of case to different courts within the same district.
If nobody is available at the address to receive the mail, a notice is left at the address in question advising the addressee of the attempt, and also informing him that the mail item would be available for collection at the nearest Post Office.
The heir/other interested person may directly commission the competent court after submitting a notarised certificate on the verification of the succession registry.
If the parties reach an agreement, a record of the mediation shall be drawn up.
In exercising their judicial duties, judges must be independent and autonomous and enjoy immunity in accordance with the law.
The basic condition that the parties must meet is that the court thus agreed upon has the jurisdiction to adjudicate on the content of the case or that it has jurisdiction ratione materiae (cf.
the separation of jurisdiction between local and district courts).
It is forbidden to take certain measures, such as some physical punishment that would impair the physical, mental or emotional state of the child.
the right to ask for the return of the child from any person who holds him/her with no right.
the right of the parents to reunite with their child.
The agreement may also apply to securing non-pecuniary claims, however, in this event the agreement must specify the pecuniary value of the claim.
Children and Young People's Commissioner Scotland The Children and Young People's Commissioner Scotland raises awareness and understanding of children's rights and helps children to assert their rights.
Main proceedings (Hauptverfahren): In the main proceedings, the court prepares and conducts the trial.
The consent judgement is final and shall be enforceable.
Generally, these courts examine criminal cases in the Polish Armed Forces.
There are some cases in which the consent of both parents is required, for instance, where identity documents are issued for the child, or where he or she is leaving the jurisdiction, regardless of the duration or purpose of travel, including holidays.
Claims (applications for a summons) must be made in writing and usually in Finnish.
Annex II - The courts or competent authorities to which the application referred to in Article 39 may be submitted - in Ireland, the High Court.
The person to be examined is summoned to an examination by videoconference in Austria in the same way and subject to the same periods of notice as would apply if they were being called before the court trying the case.
If a consumer withdraws, any contract linked to the main contract is automatically terminated at no extra cost.
Bankruptcy proceedings are reorganisation proceedings the purpose of which is to grant a debtor facing insolvency a stay of payment with the view to agreeing on a voluntary arrangement and to making an attempt to enter such an arrangement in order to re-establish solvency.
However, the husband cannot be compelled to reveal anything that his wife may have told him in confidence during their marriage, and vice versa, nor can one spouse be compelled to answer questions which may result in the other spouse being the subject of criminal prosecution.
Where a marriage is dissolved through the fault of one of the spouses, the court may, at the request of the other spouse, prohibit the spouse at fault from retaining his or her married surname, except where the spouses have children together.
The Bar Associations are designated as the receiving authority for applications in cross-border disputes.
Bulgarian law makes a distinction between minors under the age of 14 and minors who are between 14 and 18 years of age.
Article 2 of the Act states, on that point, that ‘only judgments, official deeds and private deeds, recorded by a court or executed before a notary, will be registered.
One of the differences between the order for payment procedure before a justice of the peace and the application to the District Court for a provisional payment order is that the proceedings before the justice of the peace may culminate in a full judgment (jugement), whereas proceedings before a District Court can lead only to a court order (ordonnance).
The defect is remedied on the day immediately following the addressee's return to the delivery location, but in cases where the documents have been deposited the crucial factor is that the addressee must return within the collection period and be able to retrieve the deposited document the next day.
Notices concerning public limited companies (Aktiengesellschaften), limited partnerships (Kommanditaktiengesellschaften) and private limited companies (Gesellschaften mit beschränkter Haftung) take the form of a reference published in the official gazette to the entry and to the supporting documents and particulars.
Your request is sent to the national registers and the reply is sent back within a few seconds.
Under the Dutch implementing legislation the requested court can determine which of the parties is responsible for summons resulting from a request to take evidence.
If it is in order, the defendant is declared to be in default through non-appearance and the claim is generally allowed in default of appearance.
This is the procedure for the lodging of objections on grounds of default provided for in the Code of Civil Procedure (Article 495 and Article 501 ff.).
If there are several heirs, they shall administer the estate jointly until it is distributed (Articles 1884-1894 of the Civil Code).
3.5.4 Maintenance obligations Maintenance obligations between spouses and former spouses are governed by the law determined under the Hague Protocol on the Law Applicable to Maintenance Obligations (2007).
However, if you benefit from a protection order in criminal matters issued in one Member State you may request a European Protection Order on basis of the Directive 2011/99/EU on the European Protection Order (EPO) which sets up a mechanism allowing for the recognition of protection orders issued as a criminal law measure between Member States.
A participant in a proceeding takes the oath orally and signs the text of the oath.
Preliminary examinations or investigations may be instigated either on foot of a complaint received by the Office or on the Ombudsman for Children’s own initiative.
A consumer contract does not include a transport contract or a contract for the provision of services to a consumer when that contract is fully performed outside the State in which the consumer has their permanent residence.
If the child does not reside in Estonia, the action is filed according to the defendant’s residence.
Periods determined by weeks, months, and years are also calculated according to calendar days.
If the court admits the evidence, it will then proceed to hear it.
When service or notification by post, with acknowledgement of receipt, originates from abroad, the Portuguese postal services may deliver the letter and documents to the person to be served or a third party at the same address who states that they are in a position to hand over the letter to the addressee.
Here is the information regarding the structures in charge of court staff training in the EU Member States: Belgium(147 Kb):Training is organised by the Federal Ministry of Justice but provided by two public sector structures.
Admitted facts do not need to be proven.
Under Article 12 of the Family Courts Law 23/90 (as amended), when the creditor is a minor, the court having jurisdiction over the place of residence of the creditor or debtor has jurisdiction (Article 12(1)(b)).
Cases relating to the maintenance of an ex-spouse are handled by the courts with jurisdiction over the divorce petition.
An action arising out of an employment relationship may also be brought in the court of the declared place of residence or place of work of the plaintiff.
In 2014, there were 17 000 advocates registered.
Should the client’s instructions contravene any legislation of general application, the lawyer is not bound by them and must inform the client of the matter in a suitable way.
Enforcement law: general Legal proceedings conclude with a judgment handed down by the court.
The claim can be addressed to the police, the public prosecutor’s office or the competent court (see question 2).
Income threshold applicable for defendants in criminal proceedings The formula for calculating the income threshold for the purposes of legal aid in civil proceedings is available in the Annex to Act (Lei) No 34/2004 of 29 July, amended by Act No 47/2007 of 28 August.
Mediation is most commonly used in civil disputes, particularly in minor civil cases.
If the maintenance debtor refuses to pay maintenance, the person entitled will try to enforce the claim against the assets of the person liable, if he/she has any.
The most important registered data are: (Legally registered) Name Other trading names Seat Addresses Capital (shares) Directors Persons with power of attorney Branches Contact details Activities (according to NACE classification).
It also took over the devolved functions of the Judicial Committee of the Privy Council (the highest court of appeal in several independent Commonwealth countries, UK overseas territories and British crown dependencies).
Article 33 The appeal provided for by Article 33 shall be lodged with the following courts: - in France, the Cour d’appel.
The amounts paid to experts and expert institutions must, when no surety has been collected, be charged to the court’s special account and paid by the party against whom judgment was made, or by the parties in proportion to the magnitude of the claims allowed and dismissed.
3 What are the conditions under which an enforceable title or decision may be issued?
3.1 The procedure Judicial and certain non-judicial decisions are enforceable.
Under Section 138 of the Code of Civil Procedure, the court also has discretion to award full or partial exemption from court fees to a party if this is justified by the situation of the party, and provided the claim is not frivolous and provided the party is not exercising or defending a right clearly without hope of success.
Crown prosecutors are experienced barristers or lawyers, responsible for prosecuting criminal cases on behalf of the Crown.
Disputes relating to the application of tax law (Article 632): The court with jurisdiction is the court sitting at the seat of the court of appeal of the place where the office by which the tax was or is to be collected is located, or, if the dispute does not relate to the collection of tax, the place where the tax authority that made the contested decision is established.
If the case is not covered by one of these criteria, an interpreter will still be funded if this is the only way the litigant can understand proceedings, and if she or he cannot get public funding, cannot afford to fund an interpreter privately and has no friend or family member able to assist.
Article 14(2), fourth indent - Languages that may be used for completion of the application The languages that may be used for the completion of the application: Slovenian.
Some territories have special arrangements in this regard.
A deceased person’s estate may be transferred to the estate administrator by court decision.
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Attorneys may advertise their services under certain conditions, as the Act sets out permitted forms of advertising.
The final vote is held at the end of the 3rd reading.
In that case (if one or both of the testator's parents have died before the testator who is not survived by the spouse), the share of the estate which would have gone to each parent had he/she outlived the testator is inherited by their children (the testator's siblings), their grandchildren, great-grandchildren and further descendants, in accordance with the rules that apply to the cases in which the testator is inherited by his/her children and other descendants.
Witnesses may not refuse to give evidence.
What are the rights and obligations of a holder of parental responsibility?
See Factsheet on 'Jurisdiction of the Courts' .
If a testator has by a will or agreement as to succession disinherited a descendant, parents or spouse who is entitled to succeed in intestacy and with respect to whom the testator bears, at the time of his or her death, a maintenance obligation arising from the Family Law Act or a testator has reduced their shares of the estate compared to their shares according to intestate succession, they are entitled to claim a reserved share from the heirs.
If the party fails to provide the requisite number of duplicates and annexes, the court will make copies at the party’s expense.
Instead the court carries out an overall assessment of the circumstances of the case in its examination of what has been proved.
In most cases regular payments are determined which, according to law, are required to be paid monthly in advance.
It sits at the district court.
A shorter one-year limitation period is applied to insurance claims.
This fee should be paid into the account of the receiving agency, the Lithuanian Chamber of Bailiffs.
It also deals with a limited number of appeals from magistrates' courts or Crown courts, reviews the actions of organisations to see whether they have acted legally, and handles libel and slander actions.
In such cases legal aid is available for the expenses of drawing up procedural documents, legal consultations during legal proceedings, and representation in court.
The estate administration process that the administrator is entitled — and indeed — required to perform is not merely aimed at maintaining and increasing the estate, but primarily at satisfying the creditors of the estate.
Yes - Rules about publishing case law are laid down in the relevant codes of procedure.
Annex II - TECHNICAL STANDARDS 6.
If the parents and child do not share a common habitual residence, their relationships are governed by the laws of the State of the child’s habitual residence or nationality, whichever is more favourable to the child.
Lawyers' fees are subject to VAT.
Stage of the civil proceeding where fixed costs for litigants must be paid Under Act No 71/1992 on court fees and copies of entries in the criminal records, as amended, only the court fee must be paid before the hearing begins.
Each act is recorded only after being thoroughly checked, so that no act is recorded if a person transferring a property is not the person listed in the land register as owner of the property; records a geographical description (form, location and size) of the property; systematically records public property; and records rights of usufruct.
1.6 Statement of opposition The debtor may file a statement of opposition to the creditor’s application or part of it to the court that has issued the court order.
Actions should be lodged with the competent court.
They may also ask the local Business Registrar to appoint business experts in cases where contributions in kind are to be made and in the event of a merger or division.
Before witnesses are examined, they are asked their name and surname, the name of their father, occupation, address, place of birth, age and their relationship to the parties (third paragraph of Article 238 of the ZPP).
The published registration contains, for example, the type of registration and the headings of register entries.
The higher regional courts (Oberlandesgerichte) are usually courts of second instance.
The application form for procedural aid for a natural person and the notice regarding the personal and financial status of the applicant and family members is available here.
Before money is paid on the basis of distribution ratios, payments relating to bankruptcy proceedings are made out of the bankruptcy estate in the following order: 1) claims arising from the consequences of exclusion or recovery of assets; 2) maintenance support payable to the debtor and their dependants; 3) consolidated obligations; 4) costs and expenses incurred in the bankruptcy proceedings.
An application is made to the court with territorial or subject-matter jurisdiction to hear that the case at hand, and, in the event of a specific dispute, to a specialised court.
Requesting mutual assistance The requesting authority can contact the issuing authority directly.
When bankruptcy is declared, all the creditors’ claims against the debtor are deemed to have fallen due.
The Ministry of Justice keeps a register, available electronically, containing details of the relevant resources and addresses.
To consult an information sheet on national law that imposes restrictions on or otherwise affects succession involving certain assets, please click on the appropriate national flag on this page.
Role and duties Judges are responsible for adjudicating civil and criminal law cases.
Such data may only be provided with the prior consent of the persons concerned.
Legacies are universal or under universal/particular title.
It will handle the registration of titles to land, mortgages and other charges, marriage settlements and so on.
When it rules in disputes between citizens, it applies the civil law, and where a person has committed an offence it applies the criminal law.
Non-disabling permanent injuries: in this case, cover varies according to the assessment of the harm performed in accordance with the system set up for victims of traffic accidents using the scale resulting from the application of the social security legislation on the amounts of compensation for permanent injury, mutilation and deformation and non-disabling injuries caused by an accident at work or an occupational disease.
6 In what language should the hearing be conducted: (a) where requests are made under Articles 10 to 12; and (b) where there is direct taking of evidence under Article 17?
This aspect is not governed directly by the rules.
However, the rules do not provide for any similar obligation on the part of the requested judicial authority.
Applications for the provision of legal assistance abroad are excluded from notaries’ acts.
Appeals are lodged with the district court whose decision is being contested.
Certain key components of the Basic Law – i.e. the division of the Federation into Länder, their participation, in principle, in the legislative process and the principles laid down in Articles 1 and 20 – may not be amended at all (Article 79(3)).
Administrative Order — an individual administrative act by which a public-law administration decides on and organises individual legal issues.
Deeds of sale for the jointly owned property (disposal) must be decided on by unanimity, unless the jointly owned property has to be sold to pay the debts and charges on the joint property.
If no agreement is reached during proceedings, the following mandatory stages ensue: defence, conclusive opening order, disclosure, trial and judgment.
When the judge establishes that the communication has been duly served, he orders it to be added to the case file and appoints a special representative of the respondent at the plaintiff's expense.
He or she is only entitled to dispose of items free of charge if there is a moral obligation to do so or out of respect for common decency.
The costs of an expert privately engaged by a party to prepare for litigation do not form part of the procedural costs the reimbursement of which is fixed in the judgment.
The Code of Civil Procedure does not provide for oaths in court proceedings.
Agreements as to succession are signed in the presence of a notary.
For written objections, it suffices in such proceedings for the defendant to send a signed letter to the court which granted the payment order, stating that he/she intends to lodge an objection to the payment order.
Under certain circumstances you can initiate criminal proceedings yourself by directly summoning the perpetrator or by lodging a complaint with the investigating judge and at the same time applying to be treated as a civil party.
It has access and insight into any data, information and acts relating to the rights and the protection of children irrespective of the confidentiality degree.
The rights of individuals to own land were officially renewed in 1993.
1.2 Application of procedure The application of the procedure is set out under point 1.1.
Interest is generally regulated in Sections 1802 to 1806 of Act No 89/2012 (the Civil Code) and is defined as a financial penalty arising automatically ex lege in the form of interest if a debtor defaults on a payment due.
EU members can access the data through the European Business Register (EBR).
If the addressee refuses to accept the document, the agent places it in his/her mailbox.
In practice, this covenant will be confirmed by the court during the divorce judgment.
In the case of a summons, the court bailiff informs the applicant of the date of the initial hearing, which constitutes the first stage of the proceedings.
If the deceased person has no living spouse, his/her parents inherit equal shares of the entire estate (Article 14 of the ZD).
In the case of a holographic will, which is a will drawn up privately, this must be presented to a notary, following the death of the testator, so that the notary can ensure it has legal effect by means of a record of publication, which will then be registered.
However, such a fund continues to exist until any children have reached the age of majority.
If the law expressly forbids the server from delivering the document to a substitute recipient, the procedure is called personal service, which is when the documents have to be handed over in person to the person being served.
Is access to the Swedish register of interpreters and translators free of charge?
A joint professional organisation for bailiffs and trustees in bankruptcy, the Chamber of Bailiffs and Trustees in Bankruptcy (hereinafter the Chamber), has been in operation since January 2010.
The main aim is to avoid both parents addressing the court in their own country and two decisions being issued for the same case.
Calendar days are used in calculating time limits.
In these situations, a single legal team should undertake the defence of the victim, provided that this duly guarantees the victim’s right of defence.
Normally, the debtor must be given an opportunity to make payment in response to a reminder.
Mediation also enables the parties to find creative solutions to their dispute which they could not obtain in court.
A revision (extraordinary legal remedy) is not permitted in matrimonial disputes.
In disputes that may be subject to the mediation procedure, the judge may call for the parties to attend the information meeting on the advantages of using this procedure.
Is access to the Polish business register free of charge?
When a claim is referred to the Central Authority, after verifying the location of the debtor and/or his assets in Belgium, it passes the case on to the Legal Aid Office with territorial jurisdiction as appropriate.
Consumer rights This is for when you face unfair treatment buying a product or service (including shopping online), or when what you bought was substandard.
The above-listed enforcement measures allow enforcement against any object of enforcement (for any debtor’s object, or proprietary or material right) unless an object is exempt from enforcement by law or the enforcement against an object is limited by law - Article 32 of the ZIZ.
All legal and other documents of a case are made available to the court during the hearing.
The EJN-civil facilitates and supports relations between national judicial authorities through contact points in each Member State and thereby helps to facilitate cross-border cases.
These matters are described in Article 578 et seq.
of the Judicial Code and are as follows: employment disputes; disputes relating to accidents at work and occupational illnesses; disputes relating to social security.
If he or she is an adult subject to incapacity, the maintenance will be paid to the party that is under the legal obligation to exercise their financial rights on their behalf (guardian, trustee or judicial property administrator); even an institution may receive the maintenance.
The petitioner may also apply for ancillary relief (nevenvoorzieningen).
When a child is born out of wedlock whose filiation was established to both parents, parental authority shall be exercised jointly and equally by the parents if they live in a domestic partnership.
If an interested party wishes to oppose the recognition of a foreign divorce order in the Netherlands, he or she may file a petition for non-recognition with the judge of interim relief (voorzieningenrechter) of the court in the district where he or she is habitually resident.
May the legal database be consulted free of charge?
Constitutional Court The Constitutional Court examines conformity of acts, decrees and ordinances with the Constitution.
See the answers to questions 3 and 4.
Applications for deadline extension must be submitted to the court before which the proceedings were to take place within a week after the reason for not meeting the deadline ceases to apply.
How to find a mediator in Romania In accordance with Article 12 of Law 192/2006, authorised mediators are registered in the Panel of Mediators, created and updated by the Mediation Council and periodically published in the Romanian Official Journal, Part I.
The Panel of Mediators is also available on the official website of the Mediation Council.
The time limit for acceptance of the succession may be extended by a court provided that it is recognised that the time limit was exceeded for serious reasons.
The Constitutional Council The court code is always CC.
The Form (and optional attachments) travels with the prisoner to the executing state.
A successor who has started to take charge of any part of the estate or even any individual items is deemed to have fully accepted the succession.
The surviving spouse of the deceased inherits through intestate succession or together with any first or second degree heirs.
Reference number: The regular ordinal number (hereinafter: RON), e.g. II Ips 123/2005) of a particular court (datafield: Odločba (=decision)) is used as the basis for the formation of the ECLI ordinal number (hereinafter: EON).
Section 7:62 of the Civil Code specifies a special cause for debarment in the event of the absence of conjugal community: the surviving spouse may not inherit if the couple were separated at the time of the opening of the succession and it is manifestly evident from the circumstances that there was no reasonable expectation of reconciliation.
You can request information on your rights and obligations in criminal proceedings from the investigating authority, the public prosecutor or the court, depending on the stage of proceedings.
Neither the spouse nor the ascendants are entitled to a reserved share.
Mediation process The mediation process is initiated by way of a proposal by one party to a dispute which is accepted by the other party, by way of a joint proposal by both sides for amicable resolution of the dispute, or by way of proposal by a third party (e.g. a judge in court proceedings).
Short description of procedure/proceedings in accordance with which the applications/complaints/claims are processed; Any member of the public, irrespective of citizenship, gender, political persuasion or religion, may submit complaints or tip-offs the Ombudsman.
In this case, the court fee to cover the cost of the proceedings is €339 (€113 x 3).
As with all proceedings before the civil courts, these courts do not charge fees for issuing proceedings or entering judgment.
According to the Act, mediation is a structured process whereby the implicated parties voluntarily and autonomously seek a form of mutual dispute settlement with the help of one or more mediators.
However, if the heirs fail to submit an application for entry in the land registry within a reasonable amount of time, the court commissioner is required to submit the application instead.
The court must have regard to the efforts made, if any, before and during the proceedings in order to try to resolve the dispute.
Additional information The website of Finnish courts contains information on the judicial system of Finland.
Enforcement is the final stage of the judicial process.
It consists of the possibility for a claimant in whose favour a judgment has been delivered to demand that the competent enforcement body take all steps within its remit and prescribed by law to satisfy the claim.
To make the practical cooperation between the judicial authorities effective, the Council Decision on Asset Recovery Offices seeks to build on the informal cooperation, which has taken place among Member State contact points working in the area of criminal asset identification, tracing and recovery in the CARIN network.
Inheritance matters are regulated by the Code of Inheritance (40/1965).
Cessation of the debtor’s power to deal with his property Safeguard and judicial reorganisation In the case of opening safeguard or judicial reorganisation proceedings, the debtor remains in possession and continues to manage his business.
If the defendant is living abroad, the reply will also give an address in Romania where all communications concerning the case will be sent.
This principle of independence of the judiciary is one of the values on which the EU is founded: the rule of law and respect for freedom, equality and fundamental rights.
Bankruptcy The creditor can apply for a declaration of bankruptcy.
If the process proves the de facto separation of the spouses, either of them may request that the effects of the divorce be backdated to the date on which the separation began, as decided on in the ruling.
Yes, under the same conditions as the claimant may withdraw from the court action.
1.8 Reimbursement of costs If a case is brought before the sub-district court, the following costs may be incurred: court registration fee, apportionment of the costs awarded by the court and costs for legal assistance.
Hence, the party must identify evidence in his application that supports the timeliness (the above-mentioned 15-day period) and the justifiability of his application.
Language difficulties and modern means of communication Generally speaking, the physical presence of the parties during the mediation is important.
However, the cost of mediation is not generally considered an expense for the purposes of proceedings before a court, unless the court ordered the mediation.
Civil proceedings may be brought by any public or private party (l’attore, the plaintiff) against another party (il convenuto, the defendant).
The re-use of documents is free of charge.
The Constitutional Court was created by the National Assembly in 1989.
When the deadline to oppose has expired and the defendant has been heard, where appropriate the evidence required or determined by the court is taken.
The Attorney General also acts as legal advisor to the Government and legal officers from the Office of the Attorney General also represent the Government before the civil and constitutional courts.
Heirs entitled to a reserved portion (entitled heirs – héritiers réservataires) may not waive that portion unless they waive succession.
An appeal against the enforceability decision may be brought by either party within the time limits laid down in the Brussels IIa Regulation.
There is an incentive to register, however, given the favourable impact of registration.
A minor under the age of fifteen may not be questioned under oath.
Under this right, the State pays the costs incurred in the proceedings (e.g. court fees, the advocate’s fee) in advance, irrespective of the financial standing of the party concerned, but if the party loses the case, the court may order it to pay those costs.
Judgments handed down by police courts are always open to appeal.
However, other cases are also included, such as wage claims for the last 30 days of work prior to the insolvency order and in an amount that does not exceed twice the minimum guaranteed interprofessional wage, and maintenance claims of the debtor or the people it is legally obliged to provide maintenance for.
It may happen, however, that the authority/court allows a party who so requests to ensure that service takes place (service by a party).
Out of respect for the debtor’s privacy, the title may not be enforced at certain times (Article 1387 Judicial Code).
General information The European Union has set itself the objective of developing an area of freedom, security and justice, by adopting measures relating to judicial cooperation in civil matters having cross-border implications.
The Order of Legal Agents and Enforcement Agents and the Specialised College of Enforcement Agents (Colégio de Especialidade dos Agentes de Execução) are the bodies responsible for regulating the profession.
Judges Organisation Court staff Principal administrator-assistant(382 Kb) Court registrar(295 Kb) Senior judicial officer(460 Kb) Assistant to supreme court judge(291 Kb) Lawyers Legal databases For further information, please refer to the website Slovak Bar Association.
The creditor shall be entitled to interest for late payment from the day following the date or the end of term for payment fixed in the contract.
288); 2) (repealed); 3) Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees (OJ L 171 of 7 July 1999, p.
They are governed by the Constitution of the Republic of Bulgaria and the Judicial System Act.
Creditors entitled to seek exemption (izlučni vjerovnici) must inform the liquidator of their right of exemption and the legal basis for such right, and indicate the assets to which this right applies, or indicate in their notification their right to compensation for the right of exemption.
If the court grants the application, it will release the asset concerned from seizure.
The bailiff may charge a fee for service by bailiff, the amount of which is HUF 6 000 as provided for by Decree No 14/1994 of 8 September 1994 of the Minister for Justice on court bailiff tariffs.
The system of payments by instalments will be applied to cases of temporary incapacity and disabling injuries caused by terrorist attacks within the scope laid down by Spanish legislation.
Cross-border family mediation is a process conducted by one (or several) impartial, qualified third person(s), the mediator.
If the enforcement involves the collection of a debt (pénzkövetelés behajtása), the bailiff’s fee is proportional to the amount of the debt to be collected.
Under the legal help scheme, a person may be assisted by an experienced solicitor or legal advisor in the preliminary stages of their application.
8 What are the conditions for marriage annulment?
The court is required to ascertain the identity of the persons summoned.
Where the civil plaintiff is not the victim, or the civil defendant is not the accused, the civil claim is now to be dealt with under the Civil Procedure Act (Civilprocesa likums).
Appeals against judgments of the Administrative Court of First Instance can be lodged with the Administrative Court.
Latvian legislation does not provide for the liquidation and division of the property of the deceased.
Article 1051 of the Judicial Code provides that, subject to any time-limits laid down in mandatory provisions of supranational and international law, an appeal may be lodged within one month from service of the judgment or of its notification of in accordance with the second and third paragraphs of Article 792 of the Code.
The Companies Registration Office (CRO) is the central repository of public statutory information on companies in Ireland.
1.5 Rules concerning the taking of evidence The usual rules of the law on evidence are applicable.
The Judicial Academy is actively involved in international cooperation and participates in European Union projects as both a beneficiary and a participant.
As an additional service (not required by law), the CIR also contains the data from the LRS.
The bailiff has the authority, if required for the purpose of enforcement, to enter the dwelling or any other premises held by the debtor, to open doors and investigate, and to open closed furniture, utensils or containers.
If an enforcement agent decides that property is to be sold at a public auction, the public auction is announced on the noticeboard and on the website of the competent authority that issued the decision on seizure.
For these acts to be adopted, they must be approved by a three-fifths majority of all deputies (a qualified majority) and a three-fifths majority of senators present, rather than by a simple majority (half) of all the Members of Parliament present, as required for ordinary acts.
Such orders are issued on the basis of a special act of empowerment, within the limits and under the conditions laid down by that act.
It should be emphasized that some decisions may be provisionally enforceable – they can thus be enforced even though was appeal has been lodged against them.
The general court is always the district court.
For practical reasons, a notary often also performs other types of legal transactions and may draft other kinds of agreement.
The process server states the reason for the action and the date on which the documents were deposited with the addressee on both the notice and on the documents that are being served, and signs them.
C. A joint will (i.e. a will executed by two or more persons in one act) is prohibited by law (Article 1717 of the Civil Code).
Calculation of statutory interest on judicial cooperation in civil and commercial matters can be relevant under several European Union law instruments.
An application may also be submitted by the executor of a will, a co-owner of property, a person jointly entitled to the testator’s rights, a creditor with a written proof of debt against the testator, or a tax office.
Once issued by the court and properly served, the summons binds the witness to attend the hearing.
Debtors that are natural persons in situations of current or imminent insolvency which have estimated liabilities of no more than five million euros may apply for a procedure to reach an out-of-court payment agreement.
What does the Slovenian insolvency register offer?
It is also possible to gather testimony in the form of affidavits.
(These are documents drawn up by a judge or a public official containing the declarations made by several witnesses on the facts to be proved.)
1.3 Formal requirements The payment claim must contain the information set out in Section 638 of the Code of Civil Procedure (see annex referred to below), and must be lodged with the office of the clerk of the court together with its enclosures.
A divorce judgment given in accordance with the Nordic Marriage Convention is valid in all Nordic countries without any separate confirmation.
Who are the EJN-civil members?
The state attorney’s office and the court are obliged to examine, both before, and at each stage of, the criminal proceedings, whether there is any possibility of the accused making amends to the injured party for the damage caused by the crime.
They cannot be adopted separately, so it is necessary to grant both seizure and confiscation.
Which persons have to pay a maintenance allowance to another person?
A party in administrative proceedings may lodge a full appeal against a judgment or ancillary judgment of the court of first instance, except if the law provides that the judgment cannot be appealed, or can be appealed only on a point of law.
The fifth paragraph of Article 146 of CPA provides that funds to cover the costs of establishing and operation of a representative of the respondent responsible for receipt of documents shall be paid in advance by the applicant pursuant to a ruling by the court which is not subject to appeal.
Employees of the court in Austria are trained in the application of Regulation (EC) No 1206/2001, and they also have access to the European ‘Guide on videoconferencing in cross-border proceedings’ via the intranet of the Ministry of Justice.
Under Section 64(2) of the Regulation on Judicial Assistance in Civil Cases (ZRHO ‑ Rechtshilfeordnung für Zivilsachen) the requesting court must inform the person to be examined that the examination is being conducted on a voluntary basis.
If Estonian Acts or other legal instruments are in conflict with international agreements ratified by Parliament, the provisions of the international agreement apply.
More detailed information is to be found in EU overview and Member States' pages.
Beneficiaries make an oral declaration of acceptance or waiver of succession before the notary, or a written declaration that they send to the probate court within one month of the day when they were notified by the court of their right to waive/accept the succession and of the implications of the declaration.
9 What costs apply to the use of videoconferencing and how should they be paid?
The evaluation is made by the enforcement agent who executed the seizure.
In the case of a consular authority, the equipment is handled by a person authorised by the head of delegation.
Section 4(2) makes an exception if both spouses are foreign nationals and neither has been habitually resident in Sweden for at least one year.
Evidence is obtained in civil proceedings through discovery of documents, disclosure and through the testimony of witnesses.
In the case of a dispute concerning leased property, the rent control tribunal established in the district in which the property is situated will have jurisdiction.
If the creditor chooses variable default interest, this method for calculating interest (not the rate set when default occurs, but the method for calculating the rate) applies for the duration of default on the debt.
The progressive amounts of the tranches of eligible amounts for attachment or assignment are increased if the debtor has dependent children.
However, if addressees or persons obliged to receive a document nevertheless refuse to receive a document unlawfully or if they throw it away or destroy it before reading it such refusal shall not prejudice the legal consequences of the served document (VsSr Gzz 61/73 – ZSO 4/76-140).
Article 837. of the CPC – Sale by electronic auction Save for the instances referred to in Articles 830 and 831, the sale of seized immoveable property shall preferably be carried out by electronic auction, under terms to be defined by implementing order of the government minister responsible for justice.
In principle, the addressee has six business days to collect the documents from the post office.
In order to perform these tasks, the Defender of Rights has, on the one hand, powers of investigation and inquiry in the case of individual complaints, allowing him or her to receive any relevant documents, interview individuals and even conduct on-site inspections.
A list of mediators (maintained by the Ministry of Justice) is available to the general public from a dedicated webpage.
If the spouses did not have a joint home or if neither spouse any longer lives in the place where their last joint home was located, the application should be lodged with the court with jurisdiction for the place where the defendant’s home is located.
The other options are agency by agreement, which is subject to the general rules of law, and lastly authorisation by the court, as mentioned earlier.
Labour courts and the social court of first instance (Delovna sodišča in socialno sodišče prve stopnje) Under the provisions of the legislation, labour courts have jurisdiction to decide on individual and collective labour disputes, and social courts have jurisdiction in social disputes.
Regardless of the type of business, you can find information on both the business itself (also known as the legal entity) and its production units.
Cooperate with the designated deciding authority for the State in whose territory the crime was committed if, in accordance with its national legislation, that State agrees to a hearing for the applicant or any other person.
The procedure does not require presence before the court.
Foreign adoptions are recognised under Maltese law in terms of Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption.
The authorisation of enforcement lies in principle with the appropriate district court (Bezirksgericht).
The application may be submitted by the plaintiff in person or by a person authorised by the plaintiff, and may be sent by post, but not by fax or e-mail.
Greece does not have a centralised database of Greek legal translators/interpreters.
The entry into force of the Lisbon Treaty in December 2009 provided a legal basis for activities relating to European judicial training.
If the addressee cannot be found, the procedural agent or the postal worker may hand over the document to another person or, if such a person is present but refuses to accept the document, the document may be placed in his/her mailbox.
In such cases, attention shall be particularly paid to the measures taken by the debtor to repay their debts, how long the claimed amounts have been overdue and other circumstances of the debtor, as well as the significance of the debt adjustment in terms of both the debtor and the creditors.
In principle, it is also possible for an action to be rejected immediately by a judgment if the claim is clearly groundless, i.e. the claim has absolutely no basis in law.
Stage of the constitutional proceeding where fixed costs must be paid Costs must be paid at the end of the proceedings.
Enforceable attachment is executed, at a creditor’s request, by a bailiff whose office is within the jurisdiction of the court of appeal where the debtor or third party subject to attachment has his or her domicile or, in the case of bank accounts, by a bailiff from the place where the debtor has the domicile/registered office or from the place where the credit institution has the head office/secondary office.
Accepted languages (Article 20(2)(c)) German.
No 1.1.3 Is the use of that procedure optional or obligatory?
Links Dutch Mediation Institute
D. During the inventory, the creditors to the estate may request judicial liquidation of the estate from the succession court (Article 1913 of the Civil Code).
Mediation is often free.
In such special proceedings, the assistance of a lawyer is not mandatory.
Every municipality must have at least two lay judges; large municipalities have a far higher number.
In addition, Section 924 of the Judicial Code stipulates that it is possible for a judge to decide, in the case of witnesses who are unable to appear in person, to take evidence at the place where the witness actually is.
What is enacted in paragraphs 2-4, however, only applies if the child is under 21 years of age when proceedings are brought.
In Poland, criminal proceedings consist of a preliminary investigation and court proceedings.
Articles 8(3) and 9(2) – Particular periods set by national law for serving documents Bulgarian legislation does not specify a time limit for the service of documents.
Experts’ fees The court pays the fees of experts it appoints.
All items or equipment forming part of the debtor’s assets can be the subject of enforcement action, such as: movable property, real estate, remuneration for work, bank accounts, a fraction of real estate, seagoing vessels and the debtor's other claims and property rights.
In addition, the European N-Lex database links most of the official national databases.
The two associations Mediation and ADR and Integration for Society have trainers who offer a basic course in mediation intended for future mediators and a course on basic conflict resolution skills for use in professional and personal settings.
Ordinary courts - Introduction Supreme Court The Supreme Court is composed of thirteen judges, of whom one is the President.
This body ensures the proper and adequate administration of the funds, staff, buildings and IT of the courts and the Appeals Permission Board.
Note that this legal provision (perjury) does not apply to parties to proceedings.
In the Czech Republic, the termination of marriage by means of a divorce is governed by the legislation of the country of which the spouses were nationals at the time of the commencement of the divorce proceedings.
How you can access information on mediation Information on mediation is available on the website of the Scottish Mediation Network (SMN), and the Scottish Mediation Register (SMR) provides information about finding a mediator in Scotland.
Ultimately the court has the option of taking into custody a person who refuses to testify without a valid reason for refusing to reply to questions.
Spouses may draw up a joint will of spouses in which both spouses mutually assign each other as heirs, and upon the death of one of the spouses the surviving spouse inherits the property of the deceased spouse in full (including the community of marital property), except for the reserved share.
Four representatives of the legal professions have also been designated by Belgium as members of the network in accordance with Article 2(1)(e): a representative of notaries, a representative of court bailiffs, and two representatives of the bar associations (one representing the French-speaking and German-speaking associations and one representing the Flemish associations).
The types of legal aid guaranteed by the State and the conditions and rules for obtaining legal aid of this nature are regulated by the State Legal Aid Act.
Article 71 1.
(g) - Accepted languages for translations of documents French only.
A marriage annulment means that any declaration made by the alleged spouses concerning their surname also becomes void.
Under Article 469 of the Bankruptcy Act, provisions on the unenforceability and invalidity of a legal transaction performed to the detriment of creditors shall not apply where the law applicable to the transaction does not permit legal transactions performed to the detriment of creditors to be deemed unenforceable.
Documents confirming the status of heirs or legatees Judgments; Notarial deeds; Simplified procedures for confirming the status of heirs issued by a registry office.
Legal consultation related to the constitution of execution documents Between RON 20 (EUR 5) and 200 (EUR 50).
Latvia’s national portal, Latvija.lv, has as its objective to enable Latvian and foreign residents to access the internet resources of Latvian government bodies and act as a centralised point of access for e-services provided by a range of institutions.
Civil Mediation In order to ensure the quality of court-referred mediation in civil disputes (excluding family disputes in the jurisdiction of England and Wales), the Ministry of Justice and Her Majesty’s Courts and Tribunals Service (HMCTS) have established two civil mediation processes via which parties can resolve disputes depending on the value of the claim.
Additionally, the following persons may not be administrators: Those disqualified by profligacy, bankruptcy or insolvency, as well as those barred or suspended from parental responsibility or dismissed from guardianship with respect to the administration of assets; Those convicted as perpetrators or accomplices of the crimes of theft, robbery, fraud, abuse of trust, bankruptcy or fraudulent insolvency and property-related offences in general.
Both internet portals may be accessed free of charge.
Parties may lodge an appeal against a judgment rendered by a court of first instance within fifteen days from the date when a copy of the judgment is served unless this Act provides for another time limit.
The European Small Claims Procedure is available to litigants as an alternative to the procedures existing under the laws of the Member States.
The Act takes precedence over the rules in the Rome I Regulation.
It does not, however, cover consumer contracts.
An advance can be paid to victims of terrorism.
Before bankruptcy is declared and bankruptcy proceedings are opened, so-called preliminary proceedings are conducted.
A Member State convicting a non-national is obliged to send as soon as possible information, including updates, on this conviction to the Member State(s) of nationality of the convicted person.
However, there are private associations that provide mediation services and training programmes for mediators.
Such time limits cannot be extended or shortened.
EFFECTS OF REGISTRATION OF THE REMAINING CATEGORIES OF GOODS REFERRED TO ABOVE The effects of the registration of weapons, aircraft, vessels, motor vehicles, intellectual or industrial property can be consulted in the special legislation already mentioned, for each of those categories of goods.
If enforcement is carried out on the basis of a maintenance claim or a claim arising from an wrongful act (unerlaubte Handlung) intentionally committed, Sections 850d and 850f of the Code of Civil Procedure allow the court in charge of enforcement proceedings, on application by the creditor, to set a different level of exemption from seizure in pledge.
The trustee’s duties cease on the date of adoption of a decision on the confirmation of a pre-bankruptcy agreement, on the date of the opening of bankruptcy proceedings or by virtue of a decision of creditors.
However, if legal aid is granted, an hourly fee rate determined by the government applies.
The court gives its decision within a reasonable period of time by issuing a notice admitting or rejecting the case.
The State is an heir of necessity, which means that it is not entitled to waive an inheritance.
Until the inheritance has been accepted or if the heir is unknown, the notary may appoint a special succession curator in order to protect the rights of the potential heir.
The President or a third of all Members of Parliament can exercise the abovementioned rights within ten days of adoption of the law by the Saeima.
For violent crimes and sexual offences, the Crime Victim Support Offices (Oficinas de Asistencia a las Víctimas del delito) are the assisting authority.
Information on national registers of assets Land and property: The property registers are responsible for providing information on land and property put up for auction, such as on the owner, physical condition of the property, location and rights accruing to or constituting an encumbrance on the land and property, for example, a right of usufruct in relation to land or property.
The ZPP does not set out additional conditions.
If the time elapses before the decision on the basis of which the preliminary measure has been ordered becomes enforceable, the court, at the secured creditor’s proposal submitted to the court before the expiry of the period for which the preliminary measure has been ordered, extends this time provided that the circumstances under which this measure was ordered have not changed.
Additionally, the defendant may pledge his/her assets for the benefit of the applicant.
You can find details about all stages of the criminal process and about your rights in the factsheets.
Certain consumers enjoy a higher level of protection due to their particular vulnerability to the practice or the product, their age (children or the elderly), their naivety or their mental or physical infirmity.
It carries out its official duties in a private capacity when administering the other person's assets with a view to satisfying the interests of all the parties involved (heirs and creditors).
The procedure applicable to electronic submissions is set out by Act No 543/2005, as amended, the administrative and office rules for district courts, regional courts, the Special Court, and military courts.
Minutes of the Hearing 3.
There is no special declaration of waiver or acceptance of a reserved portion.
All state bodies, bodies vested with public authority, and local and regional self-government bodies – i.e. all public law entities – are obliged to provide all the information requested.
At least 30 days must pass from the time the order for sale is announced on the noticeboard until the day of the sale.
To conduct the search, the authority will need the Spanish national identity card or tax identification details of the person to whom the inquiry relates, or their identification number as a foreign national residing in Spain.
Nevertheless, a party which was unable to take action because a document was served on the wrong person may apply for the resumption of proceedings within three months (Articles 401 and 407 of the Code).
A judgement can only be served personally; service via the internet is impermissible.
Resources containing practical information on civil judicial cooperation within the EU and with third States, compiled by the Department of Private International Law of the Ministry of Justice, are available here.
The rules relating to acceptance of succession also apply to acceptance of a legacy.
The settlement of creditors is done on the basis of cash flow.
In cases relating to property, the parties may attribute jurisdiction to a particular court to settle their current dispute or any dispute which may arise from a particular legal relationship, unless the law provides otherwise.
The claims of the debtor’s employees and former employees from an employment relationship incurred up to the day of the opening of bankruptcy proceedings are taken into consideration in the gross amount.
All supreme court judgements are the result of an appeal.
Failing all the above criteria, the petition should be filed before the Judge of First Instance (Juez de Primera Instancia) for the petitioner’s domicile.
Seizure may involve movable and immovable property, bank deposits, credit rights, commercial establishments or shares.
This is the case even if the sentence has not been rendered final.
There are 83 Bar Associations in Spain which currently have a total of 137 447 practising lawyers as members (data from December 2016), as well as 10 Autonomous Community Bar Association Councils (Consejos Autonómicos de Colegios de Abogados).
14 Can judicial decisions be given electronically?
Mediation is admissible in disputes involving civil, family, social, commercial and industrial matters.
The status, rights and obligations of attorneys-at-law are governed by the Bulgarian Bar Act.
It may, on its own initiative, draw the attention of public authorities to measures that it considers likely to encourage the protection and promotion of human rights.
However, the ordinary civil courts (district courts) will have jurisdiction to hear cases in which the damages sought exceed the salaries of two (2) years and therefore you should apply to these courts.
Related Attachments Bulgaria’s report of the Study on Transparency of costs(566 Kb)
However, the court may order a party who does not qualify for exemption from court fees to deposit an advance on the costs of evidence, without thereby losing the entitlement to later reimbursement.
An appeal whereby a third party claims to have a right of ownership/a right in rem over the recovered property may be lodged within 15 days from the sale/date of transfer of the property.
A non-registered partner (cohabiting partner) only inherits from the estate if there is a testamentary disposition to that effect.
It is a legal Register, not a merely administrative one.
Only data contained in this unified data base have legal force and only land register division staff have access to these data.
Please see the response to question 1.1.
3.9 Insolvency Insolvency is governed by Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings.
Pursuant to Article 12(5) of Law No 304/2004 on organisation of justice, applications and procedural documents shall only be drafted in Romanian.
It is also possible to log in to the portal through the internet bank links on the homepage.
In Sweden, the language of the courts is Swedish.
With regard to specific groups of victims, EU legislation further establishes protection and support for victims of human trafficking and child victims of sexual exploitation and child pornography.
In the event of sole jurisdiction of the property (see last point in the answer to question 2.2.1 above).
The following information is accessible for each decision: the name of the court that adopted the decision, the name of the department, the type of case, the date of the decision and the date of publication, together with the full text in doc, pdf and html format.
Registration judges may act only in their own district.
Information is provided through the Courts Service website and other existing sites for different Departments within Ireland.
If an examination is conducted outside a court hearing, the wording of the oath signed by the expert constitutes an integral part of the expert report.
For a will to be valid it must indicate the day, month and year when it was drawn up.
He is an impartial and independent person appointed by Court.
Yes, access to the Slovenian translator database is free of charge.
However, the law does provide a number of exceptions to the principle of Section 728 of the Judicial Code, which stipulates that parties shall appear in person or shall be represented by a lawyer upon commencement of the proceedings and thereafter (Section 728(1) and (2) of the Judicial Code).
(6) The debtor may, within one month of service, lodge an application for refusal of enforcement.
Since a videoconference is set up through a centrally accessible point, every videoconference may be recorded upon a judge’s order.
The principle of free evaluation of evidence is applied in judicial proceedings, i.e. the law does not provide the precise limits determining when a court must accept a fact as proven or not.
Furthermore, the bankruptcy estate in a personal bankruptcy does not include the debtor’s earnings needed to provide the minimum social income (the debtor retains at least 76 % of the minimum salary, and where the debtor supports a family member or another person the debtor must support by law, the amount prescribed per person that is supported).
Under Section 514(2) ZPO in such cases he can rely in support of his appeal on the fact that his failure to appear was not due to negligence.
(2) The debtor may lodge an application for withdrawal within a time limit of one month.
In some cases the relevant procedures allow the debtor's property to be auctioned under judicial oversight.
In all cases, the agent has an obligation to submit the document and the report, within 24 hours from submitting/leaving the notification, to the court/mayor’s office, which will then serve the document.
In criminal proceedings, the court will generally rule that the defendant reimburses costs, if found guilty.
Given that even foreign public authorities and foreign private individuals may obtain a simple register excerpt of their own accord, there is no need to submit a request under Regulation (EC) No 1206/2001.
Romania has adopted Law No 36/2012 on certain measures necessary for applying certain regulations and decisions of the Council of the European Union and instruments of private international law in the field of maintenance obligations.
This means that the courts must investigate the facts of the case on their own initiative (i.e. not only at the request of one of the parties, and without being bound by the evidence presented).
The National Assembly debates the Bill in detail and adopts it at the second reading.
A decision, together with a certificate(107 Kb) as provided for in the Framework Decision may be transmitted to the competent authorities of a Member State in which the natural or legal person against whom a decision has been passed has property or income, is normally resident or has its registered seat.
TERRITORIAL SCOPE Generally speaking, in each province, with jurisdiction throughout the province and its base in the provincial capital, there will be one or more commercial courts.
It is not possible to sell the listed movable assets between the submission of the application for the removal of the item from the list and the expiration of this deadline, and for the duration of the proceedings on the action.
A court may recognise the parental rights and obligations of a minor parent over the age of 16 for the personal care of a minor child, subject to the conditions set out in Section 29 of the Family Act.
Fixed costs Fixed costs in civil proceedings Fixed costs for litigants in civil proceedings The court fees payable for using the services of the courts take the form either of a flat fee (Pauschalgebühr or Festgebühr) or a proportion of the basis of assessment (Hundertsatzgebühr or Tausendsatzgebühr).
During the legal traineeship, the emphasis is placed mainly on learning the profession of lawyer both by practising under the aegis of the trainee’s mentor and by following courses specifically designed for learning the profession.
The communicating of subpoenas and other procedural documents can be carried out by the clerk of the court also by telefax, e-mail or by other means which ensure that the text of the document is sent, and its receipt confirmed, provided the party gave the court the appropriate details to this end.
How to find a mediator in Austria The Austrian Federal Ministry of Justice maintains a list of registered mediators, which comply with legal and formal requirements.
The questioning is done by the lawyer of the party which called the witness.
A flat‑rate fee does not vary with the level of work and time involved.
If an action is dismissed, the court will order the plaintiff to reimburse the defendant for the costs of conducting the defence.
The request for leave to appeal addressed to the Supreme Court must be delivered to the registry of the Court of Appeal that issued the judgment.
Article 2(4)(d) – Languages that may be used for the completion of the standard form set out in Annex I Lithuania accepts forms completed in Lithuanian and English.
Is access to the Czech public register free of charge?
A testator may appoint an administrator and/or executor in his disposition of property upon death.
3.7 Wills and successions The question of conflicts of laws regarding wills and successions is regulated by Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession.
The electronic archive of the Latvijas Vēstnesis newspaper is also available free of charge.
For this type of attachment, the period is ten years in the case of movable property (the normal time limit, because no special provisions apply) and six months in the case of immovable property (Article 1567 Judicial Code).
If a third party subject to attachment fails to meet their obligations, the tracing creditor, the debtor or the bailiff may notify the enforcing court in order to validate the attachment.
What does the Polish land register offer?
15.2 If so, how can that authority or private organisation be contacted and what kind of assistance can I receive?
---- 16 Is this Member State bound by the 2007 Hague Protocol?
In this case the postman leaves written notification in the addressee’s (home) letterbox that the document has been deposited at the post office.
The proceeds of the sale of the property must, having regard to the priority of other mortgages, be applied in discharge of the debt prior to being given to the debtor.
As a result, cross-border succession procedures handled by the authorities of these three Member States will continue to be governed by their national rules.
Proceedings for judicial division of estates, except in cases where an objection is raised or there is dispute over the inclusion or exclusion of assets.
3.2 The main conditions No attachment of movable or immovable property shall be carried out unless there is an enforceable title issued under Luxembourg law, and for a due and certain claim; if the debt due is not a sum of money it shall be deferred, following attachment, for all subsequent proceedings, until it has been valued.
Any person who has a claim against another person must lodge an application with the court of law that has jurisdiction over the matter in question.
15 What should I do to have a decision on parental responsibility that is issued by a court in another Member State recognised and enforced in this Member State?
The power to make international treaties on behalf of the UK is vested in the Crown – i.e. the Sovereign under the Royal Prerogative, acting on the advice of the UK Government.
Most prosecutors spend at least one or two days a week in court.
In these cases mediation is not permitted.
For further information on public prosecution, please see the Courts and public prosecution section of the Federal Ministry of Justice's website.
1.2 Competent court The decision on applications to issue and review — and to provide a certificate of enforceability for — the European order for payment pursuant to Regulation (EC) No 1896/2006 lies exclusively with the Commercial Court in Zagreb (Trgovački sud u Zagrebu).
17 Can the parties or their legal representatives consult on-line cases?
The principle of equality of arms and the adversarial system in proceedings is a fundamental and defining element of the right to a fair trial, which in the Slovak Republic is a constitutional right (Articles 46-48 of the Constitution or Ústava Slovenskej republiky) based on Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
Shared custody (alternate upbringing) Shared custody means that the child is alternately placed into the care of one of the parents for a precisely determined period of time.
Indeed, the Italian Code of Civil Procedure provides that ‘when the President deems it appropriate he or she shall invite the expert to take part in the discussion in the presence of the panel of judges and to express his or her opinion in closed session in the presence of the parties, who may clarify and set out their case through their defence counsel’.
It is essential that at the time of the incident, the compulsory insurance policy for the vehicle is up to date, if such insurance is required by specific legislation.
Where assets are co-owned by the debtor, the debtor’s share of such property is included in the insolvency estate.
A surviving spouse against whom the deceased had lodged a divorce action, with valid grounds for the divorce, is excluded from the intestate succession (Article 1822 of the Civil Code).
This may be a previous or current name.
The legislation refers to this person as the substitute recipient (Ersatzempfänger).
In the case of Article 17 the requesting state applies its own conditions.
The copy of the document is issued at the address using the letterbox, in a sealed envelope (showing the office of the bailiff, the name and first name of the addressee and the place of service, marked ‘Pro Justitia – A remettre d'urgence (to be delivered urgently)’).
When using such technologies in compliance with the procedure set by the Minister of Justice, it must be ensured that participants in the proceedings are identified in a reliable manner and that the data (evidence) is recorded and submitted objectively.
Judicial and notarial securing by lien or by transfer of ownership of objects and transfer of rights are, as a rule, valid until the final conclusion of the procedure.
Service abroad or on the public prosecutor is null and void if the party at whose request it was effected was aware of the domicile or residence or elected domicile of the addressee in Belgium or abroad, whichever is applicable’.
However, additional fees may be incurred thereafter (see above).
However, this latter service is provided for a fee.
The statements of the parties are assessed at the court’s discretion.
A court has the right to restore a time-limit at its own initiative where the case file indicates that the deadline in question has been missed for important reasons.
The first instance competent court to settle the claim is the district court.
End of administration Parents must transfer to the child, as soon as the child reaches the age of majority or becomes emancipated, all assets belonging to them.
However, in cases where a notary public is involved in the drafting of a disposition, such notary public provides ex officio for the entry of the fact that a disposition of property has been drafted (or revoked, amended or a will deposited with a notary public has been withdrawn) in the National Register of Wills (Végrendeletek Országos Nyilvántartása).
Article 33 The appeal provided for by Article 33 shall be lodged with the following courts: - in Netherlands, the rechtbank.
As regards the judge’s power to accept applications for relief, Spain has specified that applications for relief will not be admissible if they are lodged more than one year after the date of the judgment.
The parties may be present when evidence is secured, but it is not their right to be there if any delay would constitute a risk.
If the maintenance obligations relate to other maintenance creditors, the case is brought before the court for the defendant’s domicile or the place of the last matrimonial or joint home (Article 629 bis (4) of the Judicial Code).
In terms of plausibility, the requested evidence must not be contrary to the natural laws universally recognised.
Discriminatory acts are punishable: by a warning; by a fine ranging from RON 1 000 to RON 30 000 if the discrimination relates to an individual; by a fine ranging from RON 2 000 to RON 100 000 if the discrimination relates to a group of persons or a community NATIONAL AGENCY FOR ROMA PEOPLE (AGENȚIA NAȚIONALĂ PENTRU ROMI – ANR) Contact details: Str.
Country: Please selectBelgium Bulgaria Czech Republic Denmark Germany Estonia Ireland Greece Spain France Croatia Italy Cyprus Latvia Lithuania Luxembourg Hungary Malta Netherlands Austria Poland Portugal Romania Slovenia Slovakia Finland Sweden United Kingdom Instrument: European cross-border procedures - Small claims
Automatic updating To cope with the rising cost of living, the decision setting the maintenance amount may provide that the arbitrated amount undergo a regular (usually annual) automatic update.
Since the competent judge may request further details, documents and corrections from the applicant, if the latter does not comply, the application is rejected on this ground.
In her will, the testator named her husband as the sole heir.
If you need to ensure legal security and effectiveness for a private document or enforce a deed or seek an arbitrator for a dispute or, even simply, obtain legal advice, you may need to turn to a notary.
Mediation is carried out in complete confidentiality and the mediator is bound by professional secrecy (Article 1728(1) Judicial Code).
Safeguard and judicial reorganisation proceedings The safeguard and judicial reorganisation proceedings were introduced for the purpose of rescuing the business, maintaining the business activity and jobs and clearing the liabilities by means of a plan.
Enforcement by means of selling the real estate in which the obligor has permanent or temporary residence may only be conducted with the court’s approval if there are several enforcement proceedings against the obligor to recover receivables that are in total in excess of EUR 2 000 and the enforcement agent can prove that the receivable cannot be recovered in any other way.
The original of a public will is deemed to be that entered in the register of documents of a notary or a consul or in the register of wills before a family tribunal.
3.3 the minor children of the spouses CARE AND UPBRINGING OF CHILDREN Ø In the event of a divorce on the basis of an agreement, the spouses must agree on the upbringing and care of any children, while the court assesses whether this agreement is in the interests of the children.
However, a party in legal proceedings usually needs expert assistance, so it is advisable to use an assistant or attorney.
Legal professions – Introduction In Romania, the following legal professions are practised: prosecutors; judges; lawyers legal advisers; notaries public; judicial enforcement officers; clerks of court.
The judges do not rule on the guilt or innocence of the accused.
Before starting the divorce process, the Civil Registry Office or the court must inform the spouses of the existence and objectives of family mediation services.
Minimum Value: The ‘minimum value’ is the value above which the goods may be sold, and which corresponds, under Article 816(2) of the CPC, to 85 % of the base value.
Member States shall inform the Commission of the courts or other authorities competent to receive requests.
The directive contains a list of unfair conditions.
An electronic payment order may only be made electronically.
Following the sale of other assets the proceeds may be distributed after the interim liquidation balance sheet or the closing liquidation balance sheet was accepted, taking into account the distribution of assets approved by the court and the ranking for the satisfaction of creditors determined in the Bankruptcy Act.
The land registry in whose district the immovable property is situated is locally competent to carry out registration procedure.
Although Malta has only one court building, this is divided into several different courts, according to the subject-matter of the case, the value of the applicant’s claim and the applicant’s place of residence.
The Editor automatically creates structured legal documents (XML structure) in line with the approved Legislative Rules of the Government of the Slovak Republic.
Simplified auctions are conducted by persons authorised by the Chamber of Bailiffs and Trustees in Bankruptcy.
Debtor’s property in the possession of third parties may be seized with the third party’s consent (Article 83 of ZIZ).
A request for interim measures relating to a case pending in a foreign court or a foreign or national court of arbitration must be filed with the Vilnius Regional Court.
When delivering a restructuring plan to the creditor, the court grants the creditor a term of at least two weeks, but no more than four weeks, after receipt of the restructuring plan to express an opinion to the court or adviser.
An action is brought before the court upon the statement of claim being filed.
Article 250 of the Code of Civil Procedure provides that the court officer, at the request of the interested party, should inform the witnesses that they must appear at a certain place, on a certain date and at a certain time and inform them of the judge who will be taking the evidence and the trial in which they will be questioned.
Article 71 1.
(h) - Languages accepted by Central Authorities for communication with other Central Authorities Swedish.
Before ordering the performance of a decision the court may, if it sees special reasons for doing so, and/or if the obligated party was not informed about the consequences of failure to comply with an obligation, call the obligated party to comply with the decision or agreement and inform him/her of the possibilities for the enforcement of the decision through imposing fines or the removal of the child.
The application cannot be sent by fax or e-mail.
Reasons for continuing the bankruptcy under public receivership may include, for example, a need for the debtor to be scrutinised.
The Act fulfils the requirements of Council Directive 2003/8/EC to improve access to justice in cross-border disputes by establishing minimum common rules relating to legal aid for such disputes.
These are based on the 1930 Geneva Convention for the Settlement of certain Conflicts of Laws in connection with Bills of Exchange and Promissory Notes and the 1931 Geneva Convention on the Settlement of certain Conflicts of Laws in connection with Cheques.
However, some of the assessment criteria mentioned above serve as guidelines.
After this, the creditors shall vote on the draft restructuring programme.
Rights in rem acquired through inheritance are entered in the property register pursuant to a decision or authentic instrument of succession issued in a Member State and by a certificate issued by a court or competent authority of the Member State of origin or a European Certificate of Succession (‘instruments’).
4 - For the purposes of registration, third parties are those who have acquired mutually incompatible rights from a common author.
The authorisation would be based on the difference in costs of living between Sweden and the applicant's EU member state of residence.
The legislative process Bills may be submitted to the Lower House: by members of the Lower House itself by the federal government by the Upper House.
Documents may also be lodged with the clerk’s office of a district court by fax.
B. Attachment in execution of a judgment The debtor may lodge a statement of opposition to the payment order, thus contesting its legal validity.
If the enforcement instrument is a decision from the Registrar or a judgment or decision from the Court responsible for the enforcement, the enforcement application can be limited to the application for the enforcement order to be issued, identifying the judgment or decision to be enforced (Article 549 of the Code of Civil Procedure).
The court commissioner identifies the heirs as part of the judicial probate proceedings (Section 797 of the Austrian General Civil Code).
Waiver must be made explicitly in the form of a declaration to the court registry at the place where the succession is opened, entered in a special register kept for that purpose.
The European Small Claims Procedure is applicable to civil claims not exceeding EUR 2 000.
Applications for compensation may be submitted within three months after the crime offence was committed – with the exceptions under the Act on crime victim support and State compensation.
Persons under protective supervision (curatelle) may make a will (Article 470 of the Civil Code) subject to the provisions of Article 901.
The Minister for Justice may take disciplinary action against a trustee who fails to comply with the obligations arising from legal acts laying down the professional activities of trustees in bankruptcy.
1.6 Written procedure The court also conducts a hearing.
Unless explicitly granted only to citizens of the Slovak Republic, foreigners in Slovakia are entitled to the fundamental human rights and freedoms guaranteed in the Slovak Constitution, including the right to asylum (Article 52(2) and Article 53 of the Slovak Constitution).
Any procedural documents filed after the expiry of a time-limit are returned to the applicants.
If immovable property is subject to enforcement, suspension can be ordered on one occasion at the request of the debtor, and for no more than 6 months.
If a defendant, who is a citizen of the Czech Republic, has no general court, or does not have one in the Czech Republic, the competent court is the one in whose district he/she had the last known residence in the Czech Republic.
Article 2 of the ZChSI defines a private bailiff as an officer delegated by the state to enforce private claims.
Observations by parties to the dispute and third parties which include information about the facts on which their claims or objections are based are admitted as evidence if corroborated by other evidence that is verified and assessed at a court hearing.
Article 29(1)(d) - Accepted languages In accordance with Article 21(2)(b) of Regulation 1896/2006, the acceptable language shall be Lithuanian.
It is composed of five, mandatory, elements: ‘ECLI’: to identify the identifier as being a European Case Law Identifier; the country code; the code of the court that rendered the judgment; the year the judgment was rendered; an ordinal number, up to 25 alphanumeric characters, in a format that is decided upon by each Member State.
In each case, the appropriate fee from the prescribed range must be determined ex aequo et bono, taking into account all the circumstances, in particular the scope and difficulty of the work involved, the importance of the case and the client’s income and financial circumstances.
Where required by law or for other reasons, the court also takes urgent action to secure the estate, i.e. in particular by taking an inventory and sealing the estate.
Maintenance is generally paid by the liable party (debtor) to the beneficiary (creditor).
The husband or wife of any party in a court case are competent witnesses and may be compelled to testify in a case at the request of any of the parties.
If the testator had no intestate heirs or spouse, the local government of the place in which the succession was opened is the legal heir.
As defined in the [new] Code of Civil Procedure (Articles 927-931 CCP), enforcement is exercised by an individual entitled to do so, who, on the official copy (Apógrafo), gives the corresponding order to a specific bailiff and specifies how and, if possible, the items on which the order will be enforced.
The interest rate is provided for in the budget laws for each year.
As a rule, this will be the administrative office for citizens (Bürgeramt) in the municipality, town or city where the person is thought to reside.
Bankruptcy is a general way of dealing with insolvency where, on the basis of a bankruptcy order, creditors’ established claims are largely met from the proceeds of asset realisation.
Both types of evidence-taking via videoconference are possible and permitted in Austria.
No one may be discriminated against for having recourse to the Commissioner for Fundamental Rights.
In the future, where appropriate, other tools should be placed in the European e-Justice Portal for that purpose.
Electronic submission is available for all proceedings.
Reorganization Proceedings (Company Recovery) No ad-hoc enactments deal with the effect of reorganization proceedings on contracts.
Primary law is constituted by treaties laying down the legal framework of the European Union.
However, an analysis of the provisions of the Constitution, of the different provisions of the Civil Code and of the Code of Civil Procedure, the Act on the protection of classified information and of international treaties ratified by Poland lends substance to the thesis that it is unacceptable to use unlawfully obtained evidence in civil proceedings.
As stated in point 2, the court uses personal service if this form of service is prescribed by law (e.g. for a judgement) or ordered by the judge or the presiding judge (usually for a summons, etc.).
The activities of the interim trustee must reveal whether the bankruptcy petition is to be satisfied or dismissed.
The amount of the fee is set by the court schedule of fees, which constitutes an annex to Act No 71/1992, on court fees and a fee for an excerpt from the criminal register (Zákon č.
If the claim is contested it must be tried in court.
Applicable income threshold in the area of criminal justice There is no fixed income threshold.
At the Wedding District Court, applications can be made electronically.
This also applies in situations where the defendant is a legal person.
If all of the grandparents of the testator are alive at the time of the opening of succession, they succeed to the entire estate in equal parts.
A judgment is valid for a period of twelve years and no action may be brought on foot of judgment after the expiration of 12 years from the date on which it became enforceable.
The translation service is paid for by the authority commissioning the translation.
Anticipatory measures, including atypical ones (those whose content is determined not by law but by the court, pursuant to Section 700 of the Code of Civil Procedure), even where they cannot become part of the final ruling, continue in effect even where the main proceedings are not initiated or are initiated but subsequently discontinued.
The court that rules on enforcement may impose a fine or order collection by the police.
The effect of a warrant of seizure of a commercial going concern is to preserve the totality of the assets of the going concern, including licences and goodwill, and to order that the same is not sold in part or in whole and is concurrently kept in business: in any case, however, the court shall not accept a demand for the issuing of a warrant if it is satisfied that there are other means to safeguard the amount due.
If a claim for the exclusion of an object from the bankruptcy estate has been lodged against the debtor in court proceedings that began before bankruptcy was declared, the court will hear the claim.
The disposition of property upon death is drawn up in the form of a will in accordance with the Civil Code of the Republic of Lithuania (Lietuvos Respublikos civilinis kodeksas).
They sit in Vienna (covering Vienna, Lower Austria and Burgenland), Graz (covering Styria and Carinthia), Linz (covering Upper Austria and Salzburg) and Innsbruck (covering the Tyrol and Vorarlberg).
The OCO is guided in its work by Ireland’s international human rights obligations, particularly those set out in the UN Convention on the Rights of the Child.
The trustee must reclaim the debtor’s assets that are in the possession of a third party for the bankruptcy estate, unless otherwise provided for by law.
It is subject to appeal before Sofia Court of Appeal, whose judgment is final.
The parties may agree that the law of a certain state will govern the whole contract or a certain part(s) of the contract.
A unilateral application must contain the following information (Section 1026 of the Judicial Code): day, month and year; surname, first name, occupation and place of residence of the applicant, and, where appropriate, surname, first name, place of residence and title of its legal representatives; the subject matter and a brief outline of the arguments of the action; the designation of the court that is to hear the action; the signature of the party’s lawyer, unless otherwise provided for by law.
The final distribution may be initiated only upon the consent of the court.
Presided over by the Chief Justice and two other judges The First Hall of the Civil Court First instance The First Hall of the Civil Court also deals with cases relating to alleged breaches of human rights and fundamental freedoms that are protected by the Constitution and by the European Convention of Human Rights and Fundamental Freedoms.
For example, the court revokes contracts that have been entered into during the period from the appointment of an interim trustee until bankruptcy is declared.
There is no separate insolvency register in Lithuania.
The party should perform the procedural act at the same time as it files the motion,.
Article 33 of the Insolvency Law explains the duties of administrators in detail, classifying them as: duties of a procedural nature; duties relating to the debtor or its governing bodies; duties regarding labour matters; duties relating to creditors’ rights; report and evaluation duties; duties relating to the realisation or liquidation of assets; and secretarial duties.
Translators must be paid for their translation work, and reimbursed for any expenses they incur due to appearing in court, travelling, accommodation and a daily subsistence allowance.
Yes, close relatives (heirs) up to the second degree and relatives by marriage up to the second degree of a victim who has died as a direct result of an intentional act of violence can get financial assistance.
Children from an annulled marriage shall have the same rights and obligations as children from a marriage.
Certain external links, however, may be subject to copyright law.
They are also subject to the UN Convention on Consent to Marriage, Minimum Age for Marriage, and Registration of Marriages, as ratified in the Republic of Cyprus by Law 16(III)/2003.
Single judges sitting alone judge the cases specified in the relevant legal acts concerning court proceedings.
The statutory declaration (acte de notoriété) drawn up by a notary, which has additional probative value.
On the basis of an explicit provision laid down in the above Law, the said Law applies to all civil partnerships established in Greece or before the Greek consular authorities, irrespective of whether the parties are Greeks or aliens, both in terms of form and of the overall relations of the parties.
The execution court with local jurisdiction is the court in whose district the defendant has, if a natural person, his/her permanent residence, or place of residence in the Czech Republic in accordance with the type of stay for a foreigner.
The assisting authority translates and transmits the application to the deciding authority in the Member State where the crime was committed (Please select "Deciding authorities" in the search tool below).
On 1 January 2013 there were 161 regional courts.
To force the other party (defendant or your debtor) to comply with the judgment against him/her (for example to pay up), you will have to go to the enforcement authorities.
Click on the below link to view all competent authorities related to this Article.List of competent authorities Article 14(2), second indent - Receiving and transmitting authorities' geographical areas of jurisdiction Territorial jurisdiction of the transferring authorities: Legal aid applications which are to be transferred to another Member State must be filed with the regional court with jurisdiction over the applicant’s domicile or habitual residence.
The draft plan may therefore originate from the debtor or, in the case of judicial reorganisation, from the administrator with the debtor’s consent, but also result from an initiative by the creditors belonging to these committees.
In the case of actions brought for the termination or restriction of enforcement, the court ordering enforcement will have exclusive competence.
The procedure contemplated in Chapter 386 relating to insolvency proceedings will apply.
Courts involved in administrative justice rule on proposals to impose obligations on public authorities to act on the rights and responsibilities of natural and legal persons in the field of public administration and on measures to enforce the application of decisions through the procedure set out in Sections 250b and 250u.
Please note that machine translations are provided temporarily and only for contextual purposes.
Videoconferencing is explicitly provided for in the Code of Criminal Procedure (Codice di Procedura Penale) (e.g.
Direct victims – people who have suffered a physical and/or mental injury as a direct result of an intentional act of violence in Belgium.
The insolvency practitioner must always be the plaintiff or the defendant.
The register of insolvency proceedings is not currently maintained as a centralised database, due to the lack of interconnectivity between the courts.
It covers pre-litigation advice with a view to reaching a settlement prior to bringing legal proceedings; legal assistance in bringing a case before the court and representation by a lawyer in court and assistance with, or exemption from, the cost of proceedings.
If so, to what extent?
We do not guarantee that a document accessible through the Austrian pages of the European e-Justice Portal exactly corresponds to the officially adopted text.
If so, what evidence do I need to present to support my claim?
There are no such special legal provisions.
15) may be issued by the courts, authorities or notaries which are responsible for issuing an enforceable copy.’
Renewal is subject to compliance with the rules.
Fees The Regulation on fees for records and notaries (Regulamento Emolumentar dos Registos e do Notariado - Decree-Law No 322-A/2001 of 14 December 2001) sets outs fees for the land register.
Otherwise the application is transferred to the court of appeal within seven working days of the date of its receipt.
Article 14(2), third indent - Available methods of receiving applications The Ministry of Justice can accept an application for legal aid submitted by post, courier or fax, or, following agreement in an individual case, by any agreed means.
In civil proceedings, the unsuccessful party must refund the costs incurred by the successful party.
Where the place of the child’s habitual residence changes to a country which is not party to the convention referred to in paragraph 1, the law of that country shall thenceforth determine the terms of application of the measures imposed in the country of the child’s former habitual residence.
Yes, access to the official announcements is free of charge.
The supremacy of EU law over the Constitution of the Republic of Cyprus is safeguarded under the Constitution of the Republic of Cyprus, which was amended in the Law relating to the Fifth Amendment of the Constitution (O περί της Πέμπτης Τροποποίησης του Συντάγματος Νόμος) (Law 127(Ι)/2006) in order to clarify the supremacy and precedence of EU law over the Constitution.
The ruling will also be published in Ametlikud Teadaanded.
All webpages have a "Your feedback" link, which allows you to send your comments to a specific functional mailbox.
13.1 Payment of claims The payment of claims with special preference is charged to the assets and rights covered by the proceedings, whether subject to individual or collective enforcement.
Can I obtain legal aid before and/or during the proceedings?
Access to the contact details is free of charge.
Lawyers are available on standby (permanence/permanentie) for brief consultations: initial advice, a request for information, etc.
A key prerequisite for the formation and duration of maintenance obligations under the Civil Code is the existence of family or similar relationship, whether marital, ex-marital or kinship in a direct line, or a relationship between registered partners or former registered partners of the same sex.
Ratified international treaties are integrated into the national legal system, thereby creating rights and obligations for natural and legal persons in the country (provided they are directly enforceable).
In the additional reply the defendant must reply to the additional application.
In other types of divorce, the spouses may agree to this before the divorce is granted but they are not obliged to do so.
Judges can remain in office until the age of 70.
It is not, however, an enforceable title in the sense that it could be used as a basis for initiating enforcement proceedings or as for transferring possession of an asset.
Once the time-limit for contesting a judgment and for responding to an appeal has expired, the court of first instance will send the case to the court of appeal within seven days and notify the parties.
In contrast to service, notification is effected when a court document (original or copy) is sent by post, i.e. without the involvement of a government official.
Where the requested authority classes the request as the taking of evidence within the meaning of Article 1 of the Regulation, e.g. because it is necessary to ascertain the address for a legal procedure (particularly the service of documents), the authority will proceed in accordance with the provisions of the Regulation and will attempt to determine the current address using the resources at its disposal, for example, by submitting a central register query or querying other registers.
During the main hearing, the parties may present new facts and evidence only if, through no fault of their own, they were unable to provide or present them before the previous proceedings were concluded.
Expenses may include the remuneration of interpreters and translators, costs of travel and accommodation, and remuneration for income lost by witnesses because of time spent in court.
If a parent abuses his/her parental responsibility or its exercise, and/or neglects his/her parental responsibility or its exercise in a serious manner, a court may deprive him/her of his/her parental responsibility.
Anyone who has completed the preparatory service to become a judge or who is exempt from such service and has passed the judge’s exam may be appointed as a judge in a county or administrative court.
The court rejects a maintenance request if the maintenance payment to the person entitled to it would be unfair for the person liable to pay the maintenance in light of the reasons that led to the marriage being unendurable, or if the person entitled to the maintenance committed a criminal offence against the person liable to pay it or anyone of his or her close family prior to or after the divorce proceedings.
Information on the rate of the central bank's base interest rate can be found on the website of the Hungarian National Bank.
In disputes concerning the protection of consumers’ rights and other cases provided for by the law, the parties may agree on the choice of jurisdiction only after the right to compensation has arisen, any agreement to the contrary being deemed null and void (Article 126 of the Code of Civil Procedure).
State fees and court fees are exempt from VAT.
If the mediator feels that there is hope for the couple's marriage or relationship to succeed, he can send them to counselling and put the mediation on hold.
As of 10 December 2004 Can searches be saved and notifications sent when criteria are met?
Country: Poland Instrument: Family law – matrimonial matters and matters of parental responsibility Article 67 (a) Article 67 (b) Article 67 (c) Articles 21 and 29 Article 33 Article 34 Article 67 (a) The names, addresses and means of communication for the central authorities designated pursuant to Article 53: Ministerstwo Sprawiedliwości Departament Wspólpracy Międzynarodowej i Prawa Europejskiego Al.
The judge orders an inquiry based on the child's needs and then makes their decision to set the payments to be made by the Fund within the limits indicated above.
As a rule, an action is brought before a justice of the peace by the issue of a summons (citation) served by a bailiff.
In criminal proceedings the general rule is that any person who has hired a lawyer to act on their behalf (a defendant, a party bringing a private prosecution, or a victim asking that a civil claim be joined to the criminal proceedings) must bear the resulting costs.
The legal structure has already been created but has not yet come into effect.
In practice, the procedural rules are drawn up by the Higher Regional Court in whose jurisdiction the requested court is located.
A waiver of the succession has the same effect as non-acceptance of the succession.
In exceptional cases, this ruling may be combined with the insolvency decision (if the debtor is a person unable to draw on reorganisation or debt relief).
In proceedings pursuant to Article 21(3), the district court in whose jurisdiction the court bailiff acting in the enforcement procedure is established.
It is necessary to describe the nature of the disagreement between the parties, i.e. what the employee or the employer has failed to do or has done illegally.
Pursuant to Article 30c(4), natural persons and associations whose constitutions are not set out in a notarial deed are not required to submit documents electronically unless they are represented by a third party providing professional legal assistance.
The application form is available on the website of the Ministry of Justice and in every court and law firm.
In the case of persons residing abroad, such declarations may be received by consuls.
The applicant must also prove that the distribution has taken legal effect by enclosing with the application either an acceptance document signed by all beneficiaries or a legally valid certificate issued by the court with jurisdiction for the deceased person’s domicile.
Yes, the use of standard forms is obligatory for a European order for payment procedure.
The system is based on 3 'framework decisions': Decision on transferring prisoners to their home country The 2008 Framework decision on custodial sentences allows prisoners to be transferred back to the country they normally live in.
The agreed designation may involve attributing exclusive jurisdiction to certain courts or may just be an alternative to the jurisdiction of Portuguese courts, to be used in the event of doubt where such an alternative exists.
These discussions are not geared to the relationship between the adults, but to the children.
Other cases which do not fall within the scope of private law (those concerning, for example, the appointment or dismissal of arbitrators, the repeal of an arbitration ruling, etc.) are heard and judged by district courts in civil proceedings, if the law so prescribes.
A party in administrative proceedings may lodge an appeal on a point of law against a judgment or ancillary judgment of the appellate court if the court has infringed substantive or procedural rules or has exceeded its remit during the proceedings.
Capacity In respect of matters relating to the capacity of any person, whether a Greek or an alien, to become the subject of rights and obligations, to carry out legal acts and to be party to a court case and participate in a trial in person, the law of the state of which the person is a national will apply (Articles 5 and 7 of the Civil Code; Articles 62(a) and 63(1) of the Code of Civil Procedure).
The Civil Code (Civilinis kodeksas) provides for a general limitation period and shorter limitation periods.
If an employer is subject to the restructuring procedure, the employer shall be entitled to terminate the employment contract regardless of its duration at a notice of two months under certain conditions.
Legal aid, in turn, may be granted in the following terms: exemption from court fees and other costs involved in proceedings; phased payment of court fees and other costs involved in proceedings; appointment and payment of legal representative's fees; appointment and phased payment of legal representative's fees; assignment of an enforcement agent to carry out enforcement measures (for example, seizure).
3rd and subsequent degrees The 3rd degree category encompasses the grandparents plus their children and children's children (aunt, uncle, cousin, etc.), while the 4th degree covers the great-grandparents plus their children and children's children, and so on.
Article 10 – Certificate of service and copy of the document served The languages that may be used to complete the standard form set out in Annex 1 to the Regulation are: Polish, English and German.
A complaint concerning a grave procedural error as referred to in the foregoing subparagraph 4 which is based on a circumstance not previously adduced in the case shall be dismissed unless the complainant can show that he was prevented from adducing the circumstance in the course of the proceedings or had another valid reason not to do so.
The Judicial Court of Honour (Teisėjų garbės teismas) is an institution of judicial autonomy, which hears disciplinary cases against judges and judges’ petitions against defamation.
When the estate is no longer in abeyance because it has been accepted but remains undivided, the law allows any heir to apply for judicial recognition of their status as an heir and the restoration of all or part of the estate’s assets against whoever possesses them as an heir or by another entitlement, or without entitlement.
The demonstrative effectiveness of witness testimony is freely considered by the judge.
The interruption of a trial during a time limit interrupts the time limit and the new time limit runs from the date of the retrial.
How to find a mediator in Finland In Finland, the National Institute of Health and Welfare (THL) maintains the official website of Mediation in Criminal and Civil cases.
In case of discrepancies between the register entry and its publication in the Economic and Court Journal, the register entry shall be legally binding.
If the spouses do not compose an agreement on joint parental care that contains an agreement on legal consequences of divorcementioned above, the decision on these matters is issued by the court ex officio in a judicial proceeding initiated by a divorce action (Articles 53-54, 56-57 and 413 ObZ 2015).
The law allows the maintenance to be increased, reduced or cancelled at the request of one of the parties, on the general grounds set out in the first paragraph of Article 301(7) of the Civil Code and the first paragraph of Article 1293 of the Judicial Code.
1.6 Written procedure The law on small claims procedure does not establish any exceptions in the way proceedings are to be held.
Other fees are payable: when additional papers are lodged, when fixing a court hearing, for use of court time during hearing (at a daily rate), for lodging accounts for taxation of expenses and when an appeal is marked.
An action may also be submitted via fax.
These restrictions on compound interest are not applicable if they breach the specific regulations or practices of the sector (e.g. as in the case of loans granted by financial institutions subject to special regulations).
Judges are bound only by the law and decide on the basis of their own legal convictions.
In the matter of provisional and precautionary measures, logically, the same law should be applied that governs the legal separation, marriage annulment or divorce in each case, except as regards urgent measures that may be adopted in relation to persons or property located in Spain, even where there is no jurisdiction to hear the case.
An advocate or the person running a law firm makes the initial price offer to the client and explains how the figure was arrived at.
If the inquiry fails to determine the income or assets of the debtor, the bailiff requests the court to order the debtor to disclose their assets.
Under civil law, an authentic instrument or a private instrument must be drawn up for all matters and transactions exceeding the sum or the value of € 375 (Section 1341 of the Civil Code).
To help investigations, face to face interviews may also be carried out.
This can be downloaded from the website of the Scottish Government.
Property that has been seized (other than money or securities) must be sold only after at least three days have elapsed from the day following the seizure, unless subject to wear and tear or if the owner so requests in writing; until the sale is completed the property must be placed in a suitable place or may remain under the care of a suitable person.
The parties can also agree that future maintenance payments will be made as a lump sum or for periods of more than three months.
In considering whether it is appropriate to grant an interlocutory injunction, the court should determine: (i) Whether there is a fair bona fide issue to be determined.
(ii) Whether an award of damages or compensation would be an adequate remedy if the applicant was refused the injunction and then went on to succeed at the trial.
(iii) Where the balance of convenience lies in making its determination.
During the enforcement phase enforcement may only be refused upon application by the defendant.
However, in areas where there is a Hungarian or Italian ethnic minority, Hungarian or Italian also operates as an official language alongside Slovenian.
Each member of the panel has an individual vote.
Types of insolvency proceedings Czech law distinguishes three basic ways of dealing with a debtor’s insolvency or impending insolvency in insolvency proceedings: bankruptcy (konkurs); reorganisation (reorganizace); debt relief (oddlužení).
In the absence of an agreement, the court will take a decision in accordance with the interests of the minor, including that of maintaining a close relationship with both parents, encouraging and accepting agreements or making decisions that encourage ample opportunities for contact with both parents and the sharing of responsibility between them.
Custody of the minor may be given to either parent, a third person or a re-education or care establishment.
The final ruling by the court in the country of origin is automatically recognised and enforceable in the other EU country without the need for a declaration of enforceability (“abolition of exequatur”), provided that the judge has issued a certificate.
The Ombudsman’s deputies The Ombudsman is assisted by deputies specialised in the following fields of activity: human rights, equal opportunities for men and women, religions and national minorities; the rights of the child, of the family, of young people, of retired people, of people with disabilities; the armed forces, the justice system, the police, prisons; property, labour, social protection, taxes and duties.
The English-language Riigi Teataja website was launched on 30 October 2013.
Complementarity: Precautionary measures follow the nature of the main procedure to which they are attached.
State courts are solely responsible for the judicial knowledge of good faith.
In principle and save for certain exceptions, agreements as to succession are prohibited.
The discussion of the opposition must be scheduled within sixty (60) days of lodging and the summons is served to the defendant twenty (20) days before the hearing.
Notaries Organisation Certified notaries (zvērināti notāri) are entrusted with oversight of notarial matters under the supervision of the courts, in accordance with procedures laid down in law.
If a court asks for an expert opinion without an expert report, the expert opinion is considered to be written evidence submitted by an expert (similar to other participants in the proceedings) or that is requested by the court under the procedure laid down by the Code of Civil Procedure.
For provision of evidence, any person who is interested in establishing, as a matter of urgency, a person’s testimony, an expert’s opinion or the condition of certain assets or in having a submission, a fact or a right acknowledged will be entitled to request, both before and during the trial, the administration of such evidence.
The public prosecutor examines whether or not there is enough evidence against the suspect for a reasonable prospect of conviction and whether it is in the public interest to prosecute him or her.
The post office generally sets a deadline on the notice sent to the addressee.
They must be submitted immediately for discussion and voting by the whole of the Congress of Deputies within thirty days of being issued.
Furthermore, the law which would normally apply according to the Private International Law and Procedure Act, would not apply where, based on all the circumstances, it is clear that there is no significant connection to the law to be applied with the legal relationship at hand but there is a significantly closer connection with some other law.
Usually, the procedure is initiated by an authorised attorney, who knows which court to address.
The following are recognised as secondary sources of law: Judicial precedent, i.e. a court ruling in a specific case which has become a guide for courts of the same or a lower instance when examining analogous cases.
A claim relating to the activities of a branch of a legal entity may also be filed according to the registered office of the branch.
If you are not arraigned under arrest, you will be notified of the charges and of the date when you must appear in court for the first hearing.
Any other third parties in possession of property that is attached are required to declare whether the claims or rights being attached actually exist, and whether any other attachment has taken place over the property held in their possession, and if so up to what value.
If the parties have several children, the first court seised has jurisdiction for all the claims (Article 629 bis (2) of the Judicial Code).
Creditors may be represented at the meeting by agents holding a specific and authentic proxy or, for public budget creditors and other legal persons, a delegating act signed by the head of unit.
A will may dispose of all the property or part of it.
If the defendant chooses trial by jury, the case will be passed on to the Crown court.
EUR 6) per hour or, if applicable, for less than an hour (hour fractions) For translations RON 33.56 (approx.
For matters concerning family conflict, the value usually depends on the value of the claim.
It establishes the organisation, principles, powers and duties of state institutions, as well as the rights and duties of citizens.
In order to ensure that the correct decision is taken, additional investigations may be conducted, including the interviewing of parties.
Section 327 of the Code of Civil Procedure also allows the judicial document to be served by being deposited at a specific location.
Ministries, other administrative agencies and self-governing regional bodies may issue detailed implementing rules (regulations and decrees) within the limits of their competence.
Legal databases The website of the Chamber of Notaries provides access to a list of all notaries in Slovenia with contact information and a basic search engine.
All Slovak courts have an administrator who can be approached to plan the testing of the video link, the date of the hearing, etc.
In the case of terrorism offences: In the case of death, the amount of compensation will be EUR 250 000, which will be increased by a fixed amount of 20 monthly payments of the IPREM in force on the date of the terrorist act, for each of the children or minors covered that depended financially on the victim at the time of death.
What does the Maltese land register offer?
The court can deny such an application if, for example, the evidence is irrelevant or the case has already been proven in this respect.
As courts of review, they hear applications for review against criminal judgments handed down by district courts, at first instance, excluding those which are within the jurisdiction of tribunals, and other cases specifically referred to by law.
More information on these instruments is to be found in the following subpages: the European Evidence Warrant, freezing of assets and evidence, confiscation orders, exchange of information on convictions/criminal records.
All persons, whether or not they are parties in the case, are required to cooperate in the discovery of the truth.
They must answer what they are asked, submit to the necessary investigations, supply what they are requested to, and carry out acts that are decided on.
If common matrimonial property is divided on the basis of a contract concluded between the spouses, such contract is considered valid only if it is set down in writing in a public instrument or private instrument countersigned by a lawyer.
Click on the below link to view all competent authorities related to this Article.List of competent authorities Article 14(2), third indent - Available methods of receiving applications Applications for state legal aid must be submitted to the competent county court in writing.
In the system of legislation, a law having precedence means that all other legal norms must derive from the law, be compatible with it and not contradict it.
A debtor who breaches this obligation is liable for damage or any other loss thereby caused to creditors or third parties; the members of the debtor’s governing body are held liable for such damage or other loss jointly and severally.
The primary objective of EPANODOS is social rehabilitation of ex-offenders, particularly through vocational training, promotion of working skills, counselling and psychological support, and creation of adequate support structures.
Certain documents and records are accepted as authentic.
The following additional services are available only to registered and paying users: company officers (including members of the board) annual accounts articles of association registration certificates more detailed information about bankruptcy and liquidation.
If a parent does not exercise his/her parental responsibility properly and the interest of the child requires it, a court may restrict his/her parental responsibility, or restrict its performance, and at the same time determine the scope of such restriction.
For hearings under Article 17, when the central body requires the requesting court to provide the interpreter, the requested court ensures that an interpreter is present.
The procedure can be used for all types of pecuniary claims that parties can agree on contractually between themselves.
Information can be found at the website of the Northern Ireland Courts and Tribunals Service.
The act does not provide for special authentication of a will.
Consumers may use legal assistance during alternative dispute settlement, but the costs of legal assistance are not refunded.
The Hungarian Academy of Justice, sometimes in collaboration with the appointing courts, is the training provider.
Slovenian law also has a rule on special territorial jurisdiction, which is determined in relation to the subject of the dispute and parties thereto.
The obligation for the terms of the original order to be enforced without modification is very definite within the terms of the Regulation, and under no circumstances may a decision given in a Member State be reviewed as to its substance in the Member State in which recognition and enforcement is subsequently sought.
Spouses of a different nationality are subject to the law of the country in which most of their marital life takes place; however, where the law of the country in question does not provide for legal separation or divorce, the Italian court will apply Italian law.
Of the various measures available to the Ombudsman, the most severe is a criminal prosecution of malfeasance.
This must be delivered in person or mailed to any Institute of Social Security IP [Instituto da Segurança Social IP] customer service centre.
Legal rules issued by lower-ranking authorities and decrees may be issued only under the authority of the Constitution or an ordinary Act, which normally specifies the state body or authority empowered to issue such a rule.
How to search for a mediator in Slovenia You can find a mediator in Slovenia on the websites of: the Slovenian Association of Mediators, Ljubljana District Court.
When does the losing party have to pay the winning party’s costs?
Yes No Yes - No - Athens Court of First Instance (Πρωτοδικείο Αθηνών): Yes (for appeals to lower courts) as to the irrevocability of the decision?
Depending on the legislation applicable to each type of announcement, the Official Gazette of Romania or the issuing institutions.
Brief description of content The Justice Portal contains information on the Ministry of Justice, individual courts, the Public Prosecutor and their contact details.
Another function of the FMC is to represent its founding member organisations and family mediation practitioners at large in the dealings of the profession with government.
In general, no confirmation is sent that a case has been validly presented.
The maintenance obligation on dissolution of cohabitation of partners of the same sex may be determined on petition by a former partner who is not capable of supporting him/herself.
Automatic processing is also available for certain kinds of proceedings.
He or she may bring actions for possession against heirs or against a third person and may recover the estate’s receivables when delay would jeopardise their recovery or when payment is made spontaneously.
Although the Atlas is hosted on the EJN site and maintained by the EJN Secretariat, the EJN is not involved in the request, it merely handles the tool to set up the direct contact between two or more judicial authorities.
Witnesses are called to a hearing by a special summons; this summons must advise them of their obligation to testify, the consequences of an unjustified failure to attend, and their right to a reimbursement of their costs (Article 237 of the ZPP).
Whether it is possible to take an oath and what information is needed from the requesting court is determined by the relevant central body.
Promocji Mediacji) within the Department of International Cooperation and Human Rights.
Specific legacy is the donation by the testator of a particular item of property in the estate to a specified beneficiary (the specific legatee) in a disposition of property upon death.
Composition of the court The Constitutional Court is composed of 13 judges.
Extraordinary courts are not allowed.
The threshold value is not an amount laid down in law, but it is linked to what is known as the price base amount, and this means that the threshold value is calculated with reference to the price trend.
In the event of marriage breakdown, during the process of legal separation or divorce, maintenance may be claimed for children living in the home who are not financially independent.
In addition to the fees, the expenses incurred in the proceedings are charged separately, in accordance with Part 9 of the schedule of fees annexed to the Court Costs Act; these include the costs payable for a surveyor’s valuation of the market value of the property in accordance with the Judicial Remuneration and Compensation Act (Justizvergütungs‑ und ‑entschädigungsgesetz – JVEG) (point 9005 of the schedule of fees annexed to the Court Costs Act).
Part 2 of the Debt Arrangement and Attachment (Scotland) Act 2002 (the 2002 Act) sets out the process to be followed when attaching goods.
At this stage, no amendments or additions may be proposed.
Eurojust offers logistical support and may organise and facilitate coordination meetings between the judicial authorities and police authorities of the different states to help resolve legal issues and practical problems.
Neither the claimant nor the defendant needs to use a lawyer.
There are no legislative obstacles to the recording of hearings, where this is allowed by the legislation of the requesting State.
Parents may by mutual agreement come to a detailed arrangement as to how the maintenance obligation with respect to a child is to be performed, and determine how and at what intervals maintenance is to be provided.
The general rules on representation are laid down in Chapter 12 of the Civil Procedure Law.
The administrative work of the President of the NJO is supervised by the National Judicial Council (NJC).
The conciliator may act through a legal person with whom they are in an employment or other contractual relationship; an attorney-at-law — the list of members of the Estonian Bar Association is available on its website; a notary — a list of notary’s offices is available on the website of the Chamber of Notaries; in the case laid down in the Conciliation Act, a State or local government conciliation body.
The said Regulation sets out, amongst others, the relevant rules in proceedings involving the complete or partial divestment of the debtor and appointment of a liquidator where the debtor's main interests are in an EU Member State.
The amount of compensation will be determined as follows: If there is a judgment against which no further remedy is available granting compensation due to civil liability, either for death or for physical or mental injury causing any of the abovementioned contingencies, a single payment of aid will be made at the legally specified amount.
For more information, see the preceding question.
Notaries Organisation, functions and tasks Notaries have two indissociable roles: they are public officers and legal professionals whose main public function is to witness legal instruments and other extrajudicial documents; they must draw up these documents in accordance with the wishes of the parties and in line with the law, which they must check and interpret, while informing the parties of its effects.
According to this Act, a child has a right to adequate maintenance.
Mission and status of the insolvency practitioner The insolvency practitioner’s main mission is to manage the debtor’s insolvency estate and handle incidental and other disputes.
However, the situation changes once the trial has started and each party is represented by a lawyer.
Finally, as regards all the questions, the presence of a lawyer is mandatory at a second-instance court, i.e. court of appeal, even if the presence of a legal representative was not mandatory at the above-mentioned first-instance courts in these particular cases (question one).
The other contracting party has the right to damages from the debtor in bankruptcy that arose from exercising the right to terminate, contrary to general rules.
Mutual recognition means that the judicial authorities (courts, judges, prosecutors) of one Member State will recognise decisions of judicial authorities in another Member State as being equivalent to those taken in its own Member State.
It explains how the Commission manages the funds and outlines the procedures applying to all contracts (procurement and grants).
When the debtor must do something under the enforceable title which cannot be done by anyone else, the court stipulates a suitable time limit for performing this obligation in the decision of enforcement, and issues a fine if the debtor does not perform the obligation within the time limit (forcing a debtor through a fine).
If a great-grandparent debarred from succession has no descendant (or if the descendant is excluded from succession), the spouse of such great-grandparent succeeds in his stead, and if he too is debarred, his descendants succeed.
If the application is approved, the court must appoint a business reorganisation officer at the same time.
The most common allegations included in complaints are allegations of abuse of authority, discourtesy, assault, neglect of duty.
In such cases, proceedings may be suspended for up to three months.
The administration is lifted by a joint decision between the parties or, at the request of one of them, by the judge hearing applications for interim relief.
A decision ordering mediation does not in itself require the consent of the parents, but it can be difficult for a mediator to carry out his or her task if a parent actively opposes the appointment of a mediator.
In addition, Article 803 of the Code of Civil Procedure provides for the possibility for courts of the Republic of Lithuania to request a court of another state to use communication technologies (videoconferencing, teleconferencing, etc.) while gathering evidence.
If the court holds that facts claimed by any of the parties have not been proved in contentious proceedings, it is required to advise that party that evidence must be proposed in support of all claims and that if the party fails to fulfil this obligation it could lose the case.
Additional powers The Constitutional Court interprets the provisions of the Fundamental Law concerning any specific constitutional issue on a proposal by the National Assembly or its permanent committee, the President of the Republic or the Government, if such interpretation may be derived directly from the Fundamental Law.
This does not apply if the set-off is excluded owing to the nature of the claims in question or is otherwise excluded by provisions of the Business Reorganisation Act.
It provides approximately 3000 summaries of EU legislation in the form of factsheets, disseminated under thematic areas corresponding to the activities of the EU.
However, the ZPP contains no specific provisions regarding the possibility of rejecting inadmissible evidence, or evidence which cannot be obtained cost-effectively or which cannot feasibly be obtained.
2.4 Exceptions to the normal application of conflict rules Foreign law does not apply if it contravenes public policy under Romanian private international law (for example, if it leads to a result which is incompatible with the fundamental principles of Romanian or European Union law and with fundamental human rights) or if that foreign law has become enforceable by committing a fraud to the Romanian law.
Since 2006, the Public Defender of Rights has also supervised the protection of the rights of persons whose freedom has been restricted.
Annex 2 to the RVG sets out the fees by claim value.
Role and responsibilities Notaries are appointed to perform transactions which must be processed by notarial deed (e.g. transfers of property ownership), or in cases where the parties elect to do so.
Therefore, the preservation order relates to the debtor’s share in the joint account, it being presumed that the shares are equal (Article 780(5) of the Code of Civil Procedure - CPC).
The glossary includes all EU official languages, plus those of Iceland, the former Yugoslav Republic of Macedonia, Norway and Turkey.
The same conditions apply to the taking of evidence by hearing parties, witnesses and expert witnesses.
The legal aid system in Slovakia is currently limited to exemption from payment of court fees and provision of a representative free of charge.
Third parties that may conduct the sales operation Assets can only be sold by public auction by a bailiff by way of the enforcement procedure that is governed by the Romanian Code of Civil Procedure.
The Government of Malta reserves the right to change, add or delete parts or whole pages, without specifically notifying about this, for an interim period.
Lawyers In Portugal, fees for lawyers (advogados) are not regulated.
This matter is governed by Article 664 et seq.
of the Judicial Code.
The generic form is therefore: ECLI:FR:CE…:{year of the decision}:{ordinal number} The ordinal number is also made up of two parts, separated by a full stop: the application number of the decision; the date of the delivery of the decision, in the format YYYYMMDD.
As a rule, requests to institute enforcement proceedings are made in writing.
If the spouses wish to make a change with regard to the custody of their children, where the children will live, or access to their children, this can be done by concluding an agreement on the matter.
The district court (käräjäoikeus) of the deceased person’s domicile has jurisdiction to hear any cases relating to the estate.
Although the parties have a legal obligation to present evidence, they may decline to do so if a document concerns their personal life or that of a member of their family, or if presenting the evidence would expose them to opprobrium or criminal prosecution.
Magazine editors or database managers who wish to register their decisions can do so via the above email address; d) all judicial decisions kept in an internal database of the Council for the Judiciary.
According to the OZ, only measures defined as such by this or another Act may be determined as precautionary measures.
Where enforcement is carried out against the habitual residence, the costs claimable from the judgment debtor may not exceed 5 % of the amount claimed in the enforcement application (Article 575 of the Code of Civil Procedure).
If the fee is paid in the required amount, the pleading has legal effects from the date on which it was originally filed.
After applications to obtain evidence have been admitted during the preliminary hearing, where they may be amended, or if this does not apply to the competent order, the final hearing is called after the legal representatives have been heard.
As noted above, if there is a survivorship clause, the title of the property automatically passes to the surviving owner and an extract of the death certificate should be placed with the title deeds.
1.7 Effect of statement of opposition The lodging of an opposition shall not suspend the enforcement of the payment order, which is a directly enforceable instrument (Article 631 of the Code of Civil Procedure).
When the judicial registered letter cannot be handed over to the addressee in person or at their domicile, the postal employee leaves a delivery notification.
Ascendants and collateral relatives have no rights to a reserved portion.
The examination must be transmitted simultaneously in video and audio form to the place in which a witness or expert is located during the examination and to the courtroom.
Legal proceedings in the county courts are regulated by the following Codes: the Code of Civil Procedure in civil cases, the Code of Criminal Procedure in criminal cases and the Code of Misdemeanour Procedure in misdemeanour cases.
The information mentioned above is provided to a victim, injured party or his/her family, irrespective of whether the prisoner is being released unconditionally or on probation.
The Union of Judges Soudcovská unie does not represent all judges, as membership is voluntary.
To give a couple of examples: under road traffic law, a motorist who runs over a cyclist or pedestrian must compensate for injury, unless proof can be provided that the accident was due to force majeure.
The inheritance certificate and the registration application are submitted to the land registry.
Under civil proceedings, the judge recommends to the parties to settle their dispute amicably by mediation and, throughout the proceedings, he/she attempts to reconcile the parties, by providing them with the required guidance.
The appeal regarding the interim measure does not deter its execution.
(Article 160 of the Criminal Procedure Code).
Future claims may also be secured.
It provides access to Luxembourg legislation either in the form of the rough (original) texts in Mémorial A or in the form of consolidated texts, contained for the most part in legislative codes and digests.
One-stop search Use the link below to search – in any official EU language – national insolvency registers for: information and documents on insolvency proceedings documents relating to debtors Search national registers The information and documents you can find in these registers should be available for free.
It provides that the mediator cannot be obliged to give evidence in court about what took place during mediation in a future dispute between the parties to that mediation.
The debtor may also himself declare the claim of one of his creditors under the same conditions.
The debtor shall retain the title and right of possession to their assets.
This judge determines, if required, to which party the custodian must hand over the property.
Once the opinion has been admitted there should, therefore, be no obstacles to questioning the experts through videoconferencing.
There are, however, exceptions under which certain amendments and repeals may be made by statutory instrument – where they involve implementing EU obligations or a piece of legislative reform that reduces or eliminates regulatory burdens.
The procedural rules provide for the possibility of appealing to a higher court.
If the debtor fulfils part of the creditor’s claims as ordered by the court or acknowledges part of the claim but nevertheless does not fulfil it and opposes only the remaining part of the creditor’s claim, the court will issue a new order granting the claim to the extent not opposed by the debtor in accordance with the rules of the relevant Chapter.
If the application is justified, the enforcement order will be issued; if not, enforcement will be denied.
At the same time, increasing the mobility of citizens within the internal market calls for more flexibility and greater legal certainty.
The mediator determines in consultation with the parties the issues to be discussed.
Workers may also bring an action against the employer at their habitual place of work.
Limitation periods If the interested party has allowed the period for commencing legal action to expire, the right of action protected by the claim continues to exist.
There are no fixed or scale costs for experts as the fees will depend on the type of expert and the nature of their involvement in the proceedings.
However, proceedings covered by Chapter IV of the above Title and Book of the Code of the Civil Procedure that are not initiated by common consent or by one of the parties with the agreement of the other, even when minors are involved (unless the measures requested only concern minors) are liable for payment of the fee.
2.8 Are witnesses obliged by law to testify?
Personal data included in the communication between the user and the court, in the context of electronic submission of claims (e-CODEX), is stored by a separate Commission database in encrypted form for the duration it is relevant.
In contrast, it does lead to the automatic revocation of the matrimonial benefits that take effect on dissolution of the matrimonial property regime, on the death of one of the spouses or on transfers mortis causa.
By way of exception, the court is authorised (and obliged) to establish the facts which the parties have not set out and to take evidence which the parties have not presented only if it suspects that the parties are intending to assert claims which they are not permitted to assert.
According to the data on the website of the Association of Mediators, in 2013 family conciliation cost EUR 60 per session.
A claim against the debtor that is acquired through assignment cannot be set off if the claim was assigned within the three years preceding the appointment of an interim trustee and the debtor was insolvent at that time and the person who acquired the claim was or should have been aware of the insolvency at the time of assignment.
No, but it is in the interests of the victim or his or her close relatives to register as a victim (of the act of terrorism) with the police or federal public prosecutor’s office.
If several committees are designated, one committee is given overall responsibility for the deliberations on the item, and is responsible for the bill’s passage through Parliament.
For more information, see Sales and guarantees on the European Commission's website.
Where the defendant is the state or a municipality, the claim is filed according to the seat of the institution representing the state or the municipality.
After the report has been drawn up, the accused is notified and given a period of 15 days in which to pay the fine voluntarily, submit a written response together with any supporting documents and a list of witnesses, or appear in person to be heard.
Normally, the assets are sold through an outright sale system, with certain publicity guarantees depending on the nature of the asset in question.
In the process of family mediation, the family mediator is obligated to inform the participants to take care of the well-being of the child, and he or she can allow children to express their opinion in the process of family meditation with the consent of their parents.
The statutory fees collected by courts in the Republic of Bulgaria for examining a case cover all costs of the summons, where effected by a court officer, by a postal worker or by the mayor of the municipality concerned.
This may be because the case is of fundamental importance, or because a decision by the appeal court is required in order to develop the law or to ensure consistent case law.
In calculating the value of a civil matter, the amount of the principal claim is added to the amount of the ancillary claims.
Claims can only be lodged with the trustee in bankruptcy and only those claims can be lodged that had arisen before bankruptcy was declared.
The legislative initiative lies with the Government, the Congress and the Senate, the Assemblies of the Autonomous Communities and the popular initiative.
Creditors’ rights after the closure of debt restructuring proceedings If a petition is rejected or dismissed or proceedings are closed, any and all of the consequences of admitting the petition retroactively cease to exist.
1.6 Statement of opposition This question has been formulated with the kind of system in mind in which a “default judgment / order to pay” is issued first and only then is the defendant given an opportunity to object.
In the summons to a hearing, the court or notary public will notify interested persons of the initiation of proceedings and of whether any will has been presented to him/her/it, and will summon interested persons to immediately present a written will or a document certifying the oral will, if it is in their possession, or to name the witnesses to the oral will.
According to Section 94(1) of the Act, the interest rate is applied on a half‑yearly basis and is to be equal to the latest interest rate applicable to the main refinancing operations of the European Central Bank before 1 January or 1 July of each year.
Applications for a summons must be in writing and they must include specific details: the claim, the grounds (briefly), any claim for the costs of bringing the action and contact details for the claimant and the defendant.
The registry office of the court that hears the case for which the person concerned is to be examined is responsible for making the necessary arrangements for the use of interpreters.
See the answer to question 9.
Advice can also be obtained via the Community Legal Advice online advisor service.
For example, the records of businesses and public authorities are accepted as authentic if certified as such by an officer of the business or public authority and various types of official documents (such as legislation, by-laws, orders, treaties and court records) may be proved by printed or certified copies without any further proof.
The issuing of securities is governed by the law of the place where they are issued.
The Government encourages the use of family mediation to resolve disputes in appropriate cases.
Petition Divorce proceedings always commence with a petition to the court (verzoekschrift).
If within three years of the divorce no settlement agreement is concluded or no petition for its settlement by court ruling has been filed, tangible movable assets are deemed to belong to the person who uses them as an owner exclusively for his or her own needs, the needs of his or her family or the needs of his or her household.
Where the debtor is required to refrain from taking a certain course of action or interfering with action taken by the creditor, the court, further to a request by the creditor, fines the debtor if the latter fails to comply with this obligation.
Appeals must be lodged in writing and submitted to the district court.
The time limit for appeals is three weeks.
It is the district bailiff (kihlakunnanvouti) who decides on the measures referred to in that article.
The assets will be managed by the administrator.
1.8 Effect of lack of statement of opposition If the defendant fails to lodge a statement of opposition within the 30‑day period, the court will use standard form G to declare the European order for payment enforceable of its own motion and will send the enforceable European order for payment to the claimant.
Such custody is not an alternative to foster care, or care that must precede adoption.
The same applies to petitioners wanting to obtain the support available from central authorities under the Maintenance Regulation or the 2007 Hague Convention: they must apply to the central authority in their home country, which will forward the application to the central authority in Sweden, (the Social Insurance Office).
The following rules apply in the absence of a will: If the deceased was not married and had no children, his or her parents inherit.
Other procedures Information is also available on: appeals; the status of a case (e.g. pending); the results of appeals; the irrevocability of judgments; other proceedings before the Constitutional Court and the Administrative Courts.
The organisation of the prosecution service The prosecution service of Hungary is an independent constitutional organisation subject only to the law.
The Commissioner for Fundamental Rights and the Deputy Commissioners monitor the enforcement of the rights of ethnic minorities living in Hungary and the interests of future generations.
Under Section 78 of the Act on International Private Law, a testator’s items and rights located in the Czech Republic pass to the Czech Republic where there is no successor; decisions in these matters lie within the jurisdiction of the Czech courts.
Documents may also be served directly in a court secretariat on addressees who have proved their identity and acknowledged receipt.
The court involved may be able to suggest the approximate duration of certain types of cases.
Where can I find information on the average aggregate cost for a particular proceeding?
If you consider that your fundamental rights have been violated, you have the possibility to seek help from various institutions or authorities in the Member States, or, under certain conditions, at EU level.
The Centre for Human Rights will also participate in international efforts to promote fundamental and human rights.
The Centre for Human Rights does not deal with complaints or other individual cases which fall under the remit of the highest legal supervisory body.
The State's legal right of inheritance: If there is no spouse or partner and no relative can be identified, the State becomes the legal heir.
That means that sections 261 et seq. of the Code of Civil Procedure will apply in addition to the Implementation Act.
The petition must be filed within one year from the earliest day on which the spouse was able to do so in view of the circumstances, or on which he/she learnt of the true situation.
The sale of movable property is announced in due time on the court bulletin board, but it may also be announced in the same manner provided for the sale of real estate.
In other cases, the Legal Aid Board may assign counsel to persons eligible to receive representation under the criminal Code or the Code of Criminal Procedure (see Article 44(1) of the WRB).
One of the parties was already bound by a marriage bond at the time the marriage was contracted (bigamy).
The curricula are available to all interested trainers and judicial training providers on EJTN's website together with a European Civil Forum Handbook for trainers.
It is the most important territorial division, because it is the area in which a Court of First Instance has jurisdiction.
If the addressee refuses to accept the document without good reason, the document has been served on the day its acceptance was refused; the process server must inform the addressee of this.
The court must indicate which procedural costs or, where necessary, what proportion of the procedural costs are to be borne by each party.
The Act specifies the cases in which support may not be granted, such as drawing up contracts, unless the parties concluding the contract jointly apply for support and the conditions for support are met in every respect, or for customs cases, etc.
Applications for the registration of ownership on the basis of a bequest must include the estate inventory, the deceased person’s genealogical records, the original will, a certificate to the effect that the will is legally valid, and evidence that the will has been notified to all heirs.
The document can be presented in one of five ways: electronically, in person, by post, by fax or through another Land Register.
If a plaintiff discontinues an action or a case remains unadjudicated, the plaintiff must reimburse the defendant’s court costs (except in cases laid down by law where a claim is related to the issuance of the certificate provided for in Regulation (EC) No 1896/2006 of the European Parliament and of the Council).
Anyone can complain to the Ombudsman.
However, in the case of certain formal shortcomings, the court may first initiate a correction procedure by ordering the claimant to remedy the shortcomings.
The Portal provides a tool to assist you in this process, but does not impose the use of this tool: you have the possibility to sign your claim electronically using your own means and upload it to the Portal.
In principle, therefore, no specific explicit act of acceptance of the succession is required (Article 1846 of the Civil Code).
There is a fee of CZK 50 per page or part page for the making of a counterpart, duplicate, or a copy of a document deposited in the collection, including excerpts from the Commercial Register in Czech, if it is without verification, and of CZK 70 with verification.
Any worker can lodge a complaint in the event of discrimination between men and women in access to employment, in work and in vocational training.
The Austrian Code of Civil Procedure does not require certain types of evidence to be considered in specific cases.
The debtor’s obligations arising as a result of the termination of a contract can be restructured beforehand under a restructuring plan.
In which language(s) do the compensation authorities(s) accept the claim/supporting documents?
Article 4 – Transmission of documents Under Article 4, the Slovak Republic will accept Czech and English, as well as Slovak, for the completion of forms.
Law No 29/2013 of 19/4 details the general principles applicable to mediation.
Assets accruing to inheritance are inherited by the deceased's spouse and children in equal measure.
During the proceedings, the court will instruct the parties in their various rights and obligations.
A submission must be made in writing, and it may be submitted either on paper or in electronic form through a public data network or by fax (provisions of Section 42 (1) and (4) of Act No 99/1963, Code of Civil Procedure).
The court can also order the debtor to refrain from a certain course of action.
On completion of the property valuation procedure, the court will issue a conclusion on its sale establishing the property value and the manner and conditions of its sale.
Annex IV- The appeals which may be lodged pursuant to Article 44 - in Slovakia, the dovolanie.
In such cases, the court will notify the relevant party of the deadline for the service of documents and for sending proof to the court.
The administrator’s court costs, the costs incurred for the management of the insolvency estate, the administrator’s remuneration and any claims on the estate itself (omadiká pistómata) are deducted in advance, after the decision to liquidate the insolvency estate, and are satisfied before the ranking of the debtor’s creditors.
The general rule of the Nordic Insolvency Convention is that an insolvency proceeding in a contracting state embraces property belonging to the debtor which is situated in another contracting state.
Children’s Commissioner for England Anne Longfield OBE is the Children's Commissioner for England.
In Estonia, a circuit court fulfils this function.
In the event of absence when the postman calls to deliver a registered letter with acknowledgement of receipt, the addressee is informed by the attempted delivery notice that he or she can collect the copy of the document at the post office within a specified period.
Article 3 – Central body The Master, The High Court, Four Courts Dublin 7 Ireland Communications in English or Irish may be effected by post, or by fax to the Central Office of the High Court at (353-1) 872 56 69.
As a rule, appeals are heard by a panel of 3 judges.
It depends on the case but in general it can be said that Executive Warrants remain valid until the title, on the basis of which they were issued, remains enforceable.
Where the other parent does not have guardianship of the child and where there are no court orders prohibiting the removal of the child without the consent of the other parent.
The Civil Court (Voluntary Jurisdiction Section) is a voluntary jurisdiction court and is responsible for the interdiction or incapacitation of persons of unsound mind, the nomination of tutors for these persons, the opening of successions and the confirmation of testamentary executors.
The first step of the procedures are with the land registry (conservatória) or a bank, which can access the website using a username and password.
If the judges unanimously take the view that none of the grounds for initiating appeal proceedings is present, they take a decision refusing to initiate the appeal proceedings, and notify the parties immediately.
The assize court proceedings start with the reading of the indictment, summarising the fact-finding process and setting out the main evidence gathered during the pre-trial investigation.
Articles 21 and 29 For the cases referred to in Articles 21 and 29, the court with jurisdiction is: - the Family and Minors Division (Juízo de Família e Menores); or, if there isn’t one: - the Local Civil Division (Juízo Local Cível), if one exists, or the Local General Division (Juízo Local de Competência Genérica).
A restoratory limitation period on one which may be restored by a court after it has expired provided that the relevant deadline has been missed for important reasons.
In the case of an alleged discrimination by a person against another, the Commission may itself refer the matter to the First Hall of the Civil Court.
As in the preceding cases, such a will remains valid for no more than three months.
The legislation and its implementing regulations must enter into force at the same time.
ELRA has also developed training courses to improve understanding of the different legal systems in different EU countries.
The aim of the legal traineeship is to learn the profession of lawyer.
At this point, the marriage is not yet legally annulled but the spouses can acquire assets independently, except for pre-existing common property.
5 If the parents conclude an agreement on the question of parental responsibility, which formalities must be respected to make the agreement legally binding?
In Finland civil actions are handled by general courts.
The Criminal Procedure Code sets out the jurisdiction of the military courts.
These courts have the same status as a provincial court.
A petition for divorce that is heard by a Swedish court must always be examined under Swedish law (the lex fori principle).
In addition, there are general principles of EU law, the case law developed by the European Court of Justice and international law.
Spanish law does not require the wife to acquire her husband’s surname as a result of marriage, as happens in other countries.
In this case, if the defendant does not appear to receive them, the notice and related papers are deemed to have been served with the expiry of the time limit for their receipt.
IMLV aims to promote the development of mediation at a regional, national and international level by integrating it into the dispute resolution process of institutions and organisations and into the work of professionals and society in general.
Depending on the income and assets of the applicant, legal aid is provided to cover the court costs and the costs of the party’s own lawyer in full or in part.
Article 14(2), third indent - Available methods of receiving applications Methods of receiving applications.
Applications may be filed directly with the transferring authority or by post.
When a sale takes place and the proceeds are received from the auctioneers the Bailiff/Delivery Manager is responsible for confirming that all of the goods that have been taken control of and seized are accounted for.
As an attachment, the application must also include supporting documents for the above data as well as the document (or its copy or excerpt) outlining the facts referred to by the applicant as evidence and documents from which the scope of authority and jurisdiction of the court, as well as other circumstances that must automatically be taken into consideration, can be established, with the exception of data which can be verified with an ID card.
Unconditional acceptance of the succession Unconditional acceptance may be express or tacit (article 782 of the Civil Code).
As the High Court deals with recognition of a divorce, separation or annulment (under both the Regulation and the Family Law Act 1986), any objection to the proposed recognition would also be dealt with in that Court.
If you have a dispute directly with a firm’s branch office, you may also apply to the courts where that branch office is located.
Lawyers also assist or represent their clients before international courts, such as the Court of Justice of the European Union or the European Court of Human Rights.
Divorce petitions can be filed in person or via an authorised representative.
Ordinary courts - introduction You can find information on Malta's civil and criminal courts in the tables below.
There is an Association of Family Lawyers and Divorce Mediators (Vereniging van Familierechtadvocaten en Scheidingsbemiddelaars) whose members specialise in fields such as divorce and maintenance payments.
In the case of terrorism offences, although normally applications must be submitted within a maximum of one year from the date the damage occurred, if as a direct result of the injuries suffered because of the terrorist act a worsening of the consequences or the death of the person affected occurs, a new period of the same duration will be started for applying for the relevant difference in the amount.
Regular meetings are held which are coordinated by the Department of International Judicial Cooperation in Civil and Criminal Matters, usually two to four times annually.
In the event that not all assets of the inheritance have been included, the assets not included shall be divided according to the law.
Together these guiding principles form what is known as the fundamental constitutional order (verfassungsrechtliche Grundordnung).
The maintenance must be paid to the person to whom it is owed.
Related Linksbrochure on judicial mediation, Website on mediation (The National Institute for Health and Welfare (THL)
The Ministers issue rules, regulations, instructions and orders.
2.2 Parties that can apply to open proceedings Depending on whether the application for insolvency proceedings is lodged by the debtor or by the creditors, the requirements for submission vary.
It also has original jurisdiction to decide on questions concerning members of the House of Representatives and on any cases referred to it concerning voting for election of members of the House of Representatives.
This factsheet was prepared in cooperation with the Council of the Notariats of the EU(CNUE).
Users can access the information either via the catalogue, which is divided into sections corresponding to various life situations, or by using the portal’s search functions.
The information in question relates to how, for each legal system, requests can be made to consult the details referred to in Article 2 of the Directive, and it also relates to the enforceability of instruments recorded in the Register against third parties.
Once the proposal is submitted, it must be evaluated by the administrator and the rest of the creditors may subscribe to it; if they reach the required majorities, the judge will issue a judgment approving the arrangement submitted.
The court will make a decision on ancillary issues (e.g. alimony to spouses, use of the family home, division of the common matrimonial property) if an application is submitted to that effect.
The national courts Civil, criminal and administrative cases in Latvia are heard by courts at three levels - district or city courts (rajonu (pilsētu) tiesas), regional courts (apgabaltiesas), and the Supreme Court (Augstākā tiesa).
The Romanian requested court may facilitate, where applicable, access to an interpreter from Romania, by providing a list of interpreters for the requesting court.
A mandatory heir may waive succession while reserving the option of a reserved share, e.g. he or she may waive inheritance derived from the disposition of property upon death without forgoing the right to a reserved share.
Stage 3: The Bill is again considered at a meeting of the Parliament.
The Chairman of the Bar or a member of the Bar Council appointed by the former for the purpose in the applicant’s district of residence decides whether to assign legal aid.
The mediator is also entitled to reimbursement of expenses (covering, for example, correspondence and telephone costs and room rental.
Secondly, besides rights in rem over material objects, part of the doctrine defends the existence of rights in rem over immaterial objects.
Access to information Any person may request extracts from the register and the corresponding electronic documents.
Information and training Information on conciliators acting under the Conciliation Act, including notaries and attorneys-at-law, can be found on the websites of those acting as a conciliator.
It is held in an auction room or on a public market, unless a request is made for another more suitable place.
If the inheritance is not contested, civil-law notaries, register offices and land registries are competent, with no territorial jurisdiction.
In these centres students undergo 560 hours of training spread over three years, with at least 70 hours of practice.
The debtor can send information to the Civil Magistrate's Court, but this will not change the nature of the default judgment.
Bigamy disappears as an impediment to marriage.
A court may assign a legal assistant to a claimant where legal representation is mandatory.
In the analysis below of the four judicial systems in Spain, we will look at the jurisdiction of the various courts concerned.
National ECLI coordinator The national ECLI coordinator is: Supreme Judicial Council - Vissh sadeben savet (VSS) Ul.
In accordance with the Regulation, the Member States have notified the competent courts to which the application for refusal of enforcement has to be submitted and the courts competent to deal with the appeals.
State Data Inspectorate contact information: CONTACT_INFO.
The municipal courts with their territorial competence are indicated as in the courts database.
As a rule, time limits for appeal depend on the type of decision (judgment or order) and the subject matter.
82 % of the domestic cases are resolved within a period of 9 months, while 66 % of the international cases are resolved within 12 months.
Country: Slovenia Instrument: Recognising and enforcing judgements in civil and commercial matters - European enforcement order 1.
It is always possible to obtain information about the ongoing handling of the case through contact with the court, for example by telephone.
When divorce is granted, the best interest of the spouses’ common minor children must be a primary consideration.
In certain circumstances, there may be a public composition with creditors in the context of a business reorganisation.
In the cases laid down by legislation, regional courts of appeal (ítélőtábla) decide on applications for legal remedy against the judgment by district courts and regional courts, and proceed in other cases referred under their jurisdiction.
JUZGADOS DE MENORES (JUVENILE COURTS) TERRITORIAL LIMITS In each province, with jurisdiction throughout the province and its base in the provincial capital, there are one or more Juvenile Courts.
If the child lives with only one of the two guardians, however, the parent with whom the child lives will be regarded as having the right to decide where the child will live in his or her free time, including short visits abroad, as long as this does not infringe any right that the child may have to contact with the other guardian.
The courts are state bodies that administer justice in civil, criminal and administrative cases.
There are no special forms for this purpose, with the exception of templates (approved by the Ministry of Justice) of a writ of execution, an application for issuance of a writ of execution and other documents relating to petitions for a writ of execution under the Code of Civil Procedure.
Government authorities and institutions also have a right of access in accordance with their statutory powers, i.e. within the sphere of their competencies; 3.
If a maintenance creditor who is located in another Member State wishes to claim maintenance from a maintenance debtor residing in the Netherlands, he or she can invoke the system of the Convention.
The relevant procedure leads to a judgement, which either rejects the claim or, if final, is directly enforceable.
There is no precise definition of enforcement in Ireland.
The will itself and its contents are not kept on the register.
Under the Code of Civil Procedure, special procedural rules apply to matters of special urgency, to cases regarding marriage and marital status, judicial disability, judicial partition, protection and restitution of possession, deeds and collective litigation.
A claim concerning an agreement/contract specifying the place of performance may be filed according to the place of residence or the registered office of the defendant or according to the place of performance of the agreement/contract, as chosen by the claimant.
14 If I am in this Member State and the debtor has his/her residence in another country: In cross-border cases the petitioner may obtain administrative assistance from the Social Insurance Office.
The power to scrutinise decisions concerning fundamental rights and freedoms cannot be excluded from the powers of the courts.
On the basis of a decision taken by an absolute majority of its Members, Parliament has the right to make a proposal to the Government of the Republic for draft legislation desired by Parliament to be initiated.
If the payment was made to one of the debtor’s family members prior to that date but later than two years before the reference date, it can be reversed unless it is shown that the debtor was not insolvent and did not become insolvent as a result of the act in question.
The Court of Justice of the European Union The Court of Justice in Luxembourg is an institution of the European Union.
It is the final authority in relation to the Treaties, the Charter and EU law.
The following are opened in the commercial register or the register of non-profit associations and foundations for each self-employed person, legal entity and branch of a foreign company: a registry card; a business file (in the commercial register) or a public file (in the case of non-profit associations and foundations); a registry file.
The judge must prevent the lawyers from being impolite to the witnesses and from putting questions or considerations which are irrelevant, suggestive, deceitful or offensive.
If the decision was recognised in accordance with Council Regulation No 2201/2003, an objection can be filed only after notification of the decision granting recognition and an appeal will need to be lodged with the relevant Provincial Court within the statutory deadline.
Apart from in a limited number of special cases (Articles 4:97-107 Civil Code (Burgerlijk Wetboek)), a will can be drawn up only by notarial deed or by handwritten private deed handed over to a notary for safekeeping (Article 4:94 BW).
The first class comprises the children or grandchildren of the deceased.
Mediators (Mediadores) In Article 2(b) of Law 29/2013 of 19 April 2013, a mediator is defined as ‘(...) an impartial and independent third party, with no power to impose a course of action on the parties receiving mediation, who helps them reach a final agreement on the disputed matter’.
If it finds that that is indeed the case, a court should dismiss the claimant’s claim; this results in unnecessary loss of time and increased costs for the party.
The contact details of this body are listed in the reply to the question, “Em caso afirmativo, como posso contactar essa autoridade ou organização privada?”
Legal aid Applicable income threshold in the area of civil justice No specific income threshold is set.
Under the Civil Code, waiver of succession must be made at the registry of the court of first instance in the district in which succession takes place, in a special register maintained for that purpose.
In civil cases where the parties can reach conciliation, which are known as dispositive cases, the court may not introduce new evidence to the case of its own volition.
Competence for appeal hearings and judgments lies with regional courts (krajské súdy).
At first instance, a case is handled by a district or city court (rajona (pilsētas) tiesa).
The law also lays down specific obligations with regard to the debtor’s accounts and the effects of insolvency proceedings on the governing bodies of insolvent legal persons are regulated separately.
The Supreme Court of Lithuania The Supreme Court of Lithuania is the only court of cassation (last resort) for reviewing effective judgments, decisions, rulings and orders of the courts of general jurisdiction.
The intention is to avoid the other party from rendering the creditor’s right of recovery illusory, for example by selling goods, concealing then, giving them away or encumbering them with a lien or mortgage.
The claim must be due for payment and the time limit for the voluntary performance of the obligation must have passed (voluntary time limit).
In the case of violent crimes and sexual offences, once all the investigations are complete and before the decision on granting or refusing the aid requested is drafted, a hearing will be granted to the applicant in accordance with the applicable legislation, so that the applicant can present the relevant arguments.
If the outcome is successful, Kela will pay the difference between the maintenance allowance and the child maintenance benefit to the parent having custody of the child following recovery of the debt.
In some cases, the parties choose the mediator themselves against a fee.
Jurisdiction in proceedings concerning an application for the review of a European order for payment belongs to the court that issued it.
Judgments delivered ex tempore, when the court does not adjourn before handing down the judgment, are only published if they contain a particular point of law, or if the court delivering them specifically so directs.
The form of marriage is governed by the law of the State in which the marriage was entered into.
Examples of private documents which can be entered include: registration of an individual entrepreneur not involved in the shipping industry; the appointment, termination of service, acceptance and resignation of the posts of administrators, liquidators and auditors.
No costs are charged for the use of videoconferencing.
The statement also indicates that it has been drawn up for use in legal proceedings and that its author is aware that false testimony entails the risk of criminal sanctions.
Article 20 – Agreements or arrangements to which Member States are parties and which comply with the conditions in Article 20(2) Not applicable.
However, before instituting divorce proceedings (by action or submitting an application for a divorce by mutual consent) when there is a minor child in common, the spouses are obliged to take part in the non-judicial proceeding of mandatory counselling (a form of expert help to family members in reaching consensual decisions on family relationships, carried out by a team of experts from the Department of Social Services) (Articles 321-322 ObZ 2015).
Competence and jurisdiction of the civil registry offices Depending on the matter, civil registry offices are competent to ratify the agreement with respect to parental responsibility, whether submitted in isolation or annexed to applications for divorce or legal separation by mutual consent.
Yes, an heir is obliged to perform all of the testator’s obligations.
A court is presided over by the Presiding Judge.
When the heirs consult a notary, they may choose whichever notary they wish.
In that case, the summons is deemed to have been duly served.
The court may order the parties to appear in court if it deems that their presence is required or at either party’s request.
The liquidator may file a complaint to contest legal acts within a year and a half from the day of the opening of bankruptcy proceedings.
These rules are internal in nature and are directed only to mediators who are members of those organisations.
Article 51 of Chapter 195 is also relevant.
1 Should I apply to an ordinary civil court or to a specialised court (for example an employment labour court)?
Furthermore, such personal data relating to Member State pages is accessible also by Member State staff responsible for the management of the respective pages.
Country code The country code for Latvia is: [LV] Generation of national ECLI The implementation of ECLI is underway.
the European Court of Justice?
the Court of Human Rights?
If the spouses fail to reach an agreement, these claims have to be settled in court concurrently with an application for divorce.
Bankruptcy proceedings The bankruptcy estate of a debtor who is a legal person includes the property of the debtor in bankruptcy at the opening of proceedings, all the property obtained by realising and managing the bankruptcy estate and by contesting legal acts of the debtor in bankruptcy, and the property obtained by continuing business operations where the bankruptcy debtor continues business operations after the opening of bankruptcy proceedings in accordance with the ZFPPIPP.
Free legal aid By adopting the Free Legal Aid Act, the Ministry of Justice took over the comprehensive and challenging task of establishing a free legal aid system.
If a person fails to appear or refuses to answer questions, the court may take that as a full admission or only initial evidence in favour of the party who proposed that the witness be called.
In addition, the payment schedule may obligate the debtor to make supplementary payments due to additional income or assets received by the debtor during the payment schedule.
If the service took place via a requested authority in the Netherlands, the payment for service consists of a fixed amount of EUR 65 per service.
Stage 2: Detailed consideration, by a committee, of a Bill or Measure and any amendments proposed by Assembly Members.
If spouses are legally separated, either spouse may: 1) claim from the other spouse any objects which were used in the interests of the family if the spouse needs the objects in his or her separate household and he or she has a legitimate interest in continuing to use them.
It is linked to non-fulfilment of a financial obligation following the late or non-payment for the service concerned within the period envisaged by law or on the basis of the agreements reached by the parties.
Parties may request legal aid, which shall be granted to them if they meet the conditions laid down in the Free Legal Aid Act (Zakon o brezplačni pravni pomoči, ZBPP).
National network: An informal national network with a centralised structure has been established, the main components in which are the central authority, judges from Athens, and three representatives of the legal professions (associations of lawyers, bailiffs and notaries).
The Malta Mediation Centre has a Code of Conduct, which mediators are required to abide by during the mediation proceedings.
What is the purpose of processing data?
Yes, access to the register is free of charge, as is the retrieval of basic company information.
Therefore differences in ranking are created by agreement.
There were ties of kinship, affinity, adoption or affiliation; this ground of invalidity may be invoked by either spouse, by the public prosecutor or by anyone with a legitimate interest, except where a year or more has passed since the wedding and the case is one in which authorisation for the marriage could have been sought despite the ties.
The party who suggests an examination of the evidence (e.g. by an expert or witness), or the use of the service of a translator or interpreter must pay these costs in advance.
The point of finding a mediator who speaks the language of the parties is not just that of limiting costs because interpretation is not required.
There is also the psychological aspect and the need for the parties to understand what they are agreeing to.
Germany has provided its Central Authority – the Federal Office of Justice – with the necessary powers to ensure the effectiveness of the measures described in Article 51.
This document opens in PDF format.
Where can I find additional information on costs?
In this situation the parent who does not give his or her consent may oppose the transfer on numerous grounds, for instance that such a transfer would deprive him or her of access.
The laws and implementing provisions of certain Autonomous Communities specify the required training for family mediation.
Publication of this information in the print version of Latvijas Vēstnesis constituted its official publication.
The court adjudicating on a case sets out in the court decision or in the ruling to terminate the proceedings how the procedural costs are to be divided between the parties.
Impounding may be requested by any person with an interest in the conservation of the goods or documents, although only creditors may request impounding in cases which give rise to the collection of inheritance.
The decision of the court of appeal may be challenged on points of law before the Supreme Court (Άρειος Πάγος).
The Chamber of Bailiffs (Chambre des huissiers de justice) represents the profession at national level.
Mediation is a voluntary way of resolving disputes and conflicts and is conducted on the basis of: A mediation agreement ( out-of-court mediation) A decision of the court for referral to mediation (mediation referred by the court).
Social care services may act on behalf of the maintenance creditor if they are not competent to do so based on Article 205 of the civil code (Article L132-7 of the social action and families code (code de l’action sociale et des familles)).
In principle, registered post with acknowledgement of receipt can only be handed over to the addressee after verification of their identity, against signature of the acknowledgement of receipt (Articles 30, 53 and 54, a contrario, of the Royal Decree of 27 April 2007).
No specific period of advance notice is laid down.
If the obligations related to supplying additional information or amending the application are not fulfilled within the provided term, the court orders the annulment of the application through a hearing report issued in chambers.
This right becomes statute-barred ten years after the closure of bankruptcy proceedings, with the limitation period starting on the effective date of the order closing the proceedings.
In the case of a divorce by consent, the parties must declare that they wish to dissolve their marriage by means of a written statement signed by them or their authorised lawyers or both, and an agreement must be lodged concerning the arrangements for the custody of their children and communication with them.
The proceeds of any sale made by the curator on behalf of the bankrupt or partnership shall be listed and all receipts and invoices are to be properly documented.
As a rule, expert witnesses prepare a written report, but the court may also order them to appear and be questioned orally at the hearing (Section 195 of the Code of Civil Procedure).
The Ljubljana Higher Court (Višje sodišče v Ljubljani) is territorially competent to decide appeals in all insolvency proceedings.
Federal Supreme Court of Justice: no Federal Administrative Court: no Federal Finance Court: yes Federal Labour Court: no Federal Social Court: no Federal Patents Court: no on the results of appeals?
The costs to be paid by the losing party to the winning party in civil proceedings (lawyers’ fees, experts’ fees, translation costs) are determined by the court.
However, the provision in question has been deemed unconstitutional and, as a result, it should be assumed that the facility for free legal aid exists in all cases.
Agreements of this kind are not subject to specific formalities, provided only that they are legally brought to the court’s knowledge.
In legal proceedings each party must submit evidence of the facts that it puts forward (Section 870 of the Judicial Code: ‘actori incumbit probatio’).
Mediation in administrative matters, mediation in criminal cases, and mediation in particular sectors are all governed by specific legislation.
If the dispute concerns a labour dispute that involves a claim for compensation equal to the salaries of up to 2 years, you will have to go to the industrial dispute tribunal of the district in which the dispute arose or, in the absence of that, the one in which the claimant has his/her usual domicile or permanent place of residence.
The debtor and the administrator are obliged to attend.
If the sale is conducted by electronic auction, whoever has won the bidding must make payment within 48 hours.
These variations are explained by the fact that the disputes brought before the courts are also very diverse: by their nature they may be more or less difficult to resolve.
Commercial disputes also include cases in which one of the parties is the state or another self-governing local community, such as a municipality.
Role and duties The tasks and organisation of the Prosecution Service are described in Part 10 (sections 95-107) of the Danish Administration of Justice Act.
The various membership/accreditation organisations do, however, maintain their own sets of training and professional standards, which feature training requirements.
1.5 Appeal As the Austrian Code of Civil Procedure does not provide for applications for payment orders to be rejected and automatically transfers them to the ‘ordinary’ procedure, there is no need for a right of appeal.
1.6 Statement of opposition If the request for an order for payment is accepted, the defendant has 15 days (from the date on which he was duly notified) to oppose the claim.
Disputes as to entitlement to succession or the grant can be referred to the court.
If the lex patriae of the child at the time of birth does not permit the establishment of paternity by court order, establishment of paternity by court order shall be governed by the lex patriae of the child at the time when the child’s parentage was established.
If the victim is a minor, the Commission must at once alert the State Agency for Child Protection, which takes action as required under the Child Protection Act.
Official translation services are organised differently in the Member States of the European Union with very different professional frameworks (heterogeneous systems and practices).
The court must send a copy of any reply to the plaintiff within 14 days.
The experts’ conclusions are recorded in an experts’ report.
A parent who lives with a minor child may be granted the right to continue to live in the former couple’s home where it is in the child’s interest to remain in that home.
Under French law, minors are not considered to be the maintenance creditors: only the parent or the third party caring for the child has that capacity and may act against the other parent or parents in order to have a contribution set to the education and upkeep of the child.
2.1 The procedure The application for an interim measure is lodged with the competent court, which as a rule is the same as that handling the main case.
For 2009, the average monthly income received in 2008 for a single person must be: equal to or lower than EUR 911 for full legal aid, and between EUR 912 and EUR 1 367 for partial legal aid.
This protection is manifested in the acceptance of the principle of legality in determining whether enforcement is permitted, in determining the objects and means of enforcement, and in the procedure used to forcibly satisfy the creditor’s claim.
4.3 What is the validity of such measures?
5 Is there a possibility of appeal against the decision granting such a measure?
The Central Depository and Clearing Company or other authorised persons keeping the accounts of registered securities or dematerialised securities, shares, bonds, treasury bills, central bank bills, commercial paper, depositary receipts and other securities issued in a series are required to furnish data on whether a person in the registry book kept by it has securities registered in the accounts.
If the person wishing to make a complaint requires assistance to formulate the complaint orally or in writing, the Commission will provide appropriate assistance to that person.
They can do this by phone, email or electronic form.
Parties are also able to register their claim orally before the District Court with jurisdiction or the District Court in their place of residence.
The rulings of the Court of Justice of the European Communities are also of significance as a source of law, because they are part of the body of EU law.
The aim of the handbook is to provide guidelines for the adoption of good practice in the light of experience while also supplying the competent judges and prosecutors responsible with specific information on how the freezing order forms should be filled in.
Both the insolvency practitioner and the debtor may submit objections on behalf of the debtor.
Claimants must be defended by a lawyer (Abogado) and represented by a legal representative or solicitor (Procurador).
Under a national agreement between the Ministry of Justice, the Ministry of Employment, Social Affairs, the Family and Solidarity, the National Family Allowance Fund (Caisse nationale d’allocations familiales, CNAF) and the Central Agricultural Mutual Benefit Fund (Caisse centrale de mutualité sociale agricole, CCMSA), departments receiving a family mediation service have undertaken to apply a national scale, which varies depending on the income of the parties.
A.
Preventive attachment All types of assets (movable, immovable, intangible) can be subject to preventive attachment.
Related link Practice guide for the application of the Regulation on the European Enforcement Order(1310 Kb) European Enforcement Order – notifications of the Member States and a search tool helping to identify competent court(s)/authority(ies)
The statutory interest rate is stipulated in Section 246 of the German Civil Code (Bürgerliches Gesetzbuch, BGB).
The time‑limits are not affected by the date on which the judgment is received.
If the court refuses to hear the civil action for any other reasons, the court will divide the expenses related to the proceedings of the civil action between the victim and the State, considering all of the circumstances.
What are the corresponding private international law rules?
Related Links The Insolvency Service Individual Insolvency Register
The court must also be satisfied that by reason of the 'gravity of the charge' or 'exceptional circumstances' it is essential in the interests of justice that the applicant should have legal aid.
The agreement between the parties, by which an ordinary court becomes competent for future disputes, is valid only if it is written and refers to a specific legal relationship from which the disputes are to arise.
3 What are the legal consequences of a divorce as regards: The marriage ends with the divorce of the spouses.
In Estonia, the choice of applicable law is subject to mandatory formal requirements.
What information does the Dutch insolvency register contain?
This was the first piece of legislation to formally regulate mediation services in Germany.
Applications are lodged with the District Court in whose district the child resides or, if the child is not resident, to the court in whose district the child is currently living, and if there is no such court, the competent court is the Bratislava I District Court .
The court trying the case gives expert witnesses the necessary instructions on how they are to carry out their tasks, and lays down in particular (a) whether it considers it necessary that they be present at any stage in the judicial proceedings, and (b) whether the expert opinion is to be given in court or drawn up by the expert witnesses alone.
There is a basic charge of approximately EUR 20.00 per month, plus a fee of approximately EUR 0.30 per upload.
Therefore, any formal errors do not in themselves mean that the document must be served again; rather, the crucial factor is whether the document has reached the person to whom it is addressed.
If one of the parties asserts that the jurisdiction extension agreement is invalid, the court must also examine the assertion, with the result that it may not have jurisdiction.
It takes precedence over institutional care for the child.
The offence must have been committed after 30 June 2005.
In both cases, the initial claim must be accompanied by all the documentary evidence in support of the claim, plus any expert witness reports or other evidence relating to the case.
Such an audio recording is stored on a data carrier, which is part of the case file.
This duty may not exceed RON 1 000, irrespective of the amount in dispute.
Solicitors are all members of the Law Society of Scotland, which promotes the interests of the solicitors' profession and of the public in relation to the profession.
Restructuring and debt adjustment The rights of the insolvency practitioner are limited to the right to have access to information required to meet the obligations of the insolvency practitioner.
If the claimant is a Hungarian natural person, jurisdiction will be established either at the place of residence of the claimant or, failing that, his or her place of stay.
If at least one of the parents agrees with shared personal care of the child, the court is obliged to find out if joint personal care is in the child’s interest.
A general rule is that an applicant must duly prove that – taking into account his or her family’s financial situation – paying the costs would be burdensome.
When there is a request for permitting an interim measure for the “stay of enforcement”, the application must be submitted before the court of competent jurisdiction as per the place of enforcement.
1 Existence of an order for payment procedure Slovenia recognises procedures for issuing an order for payment.
However, as the requested Member State, Austria is entitled under Article 17(4) to require the use of its language as a condition for the taking of evidence.
The Code of Civil Procedure (Zivilprozessordnung — ZPO) and the Lawyers’ Scales of Fees Act provide that in civil proceedings the court is to determine the share of the costs that the losing party must reimburse to the successful party.
Based on the obligation to restore gifts, the co-heir must add advancements to the estate as long as - the testator expressly stipulated such advancements to be included in the heir’s share of the estate, or - the circumstances suggest that the bequest was made under the obligation of inclusion.
The service provider returns the acknowledgement of receipt to the sender in all cases.
Since March 2014 this identifier has also been used to designate judgments of the Constitutional Court (Ústavní soud).
Any portion of a law that is not ruled as unconstitutional will remain in force.
Related Links Website of the Finnish Ministry of Justice Website of the Finnish Judiciary Website of the Finnish Bar Association Related Attachments Finland’s report of the Study on Transparency of costs(504 Kb)
The Constitutional Court’s decisions are final: that is, appeals against such decisions are not possible.
Notwithstanding point 1 of the previous paragraph, citizens of another country that is not a Member State of the European Union or the European Economic Area, the Swiss Confederation or a Member State of the Organisation for Economic Cooperation and Development may also be appointed as notaries subject to legal and actual reciprocity.
In the event of a conviction, the court will also rule on the civil action brought before the court, but in the event of an acquittal the action will be dismissed.
Only if agreement is not possible through one of these routes do the statement of facts, the investigation, the hearing and the ruling follow.
In the case of indirect evidence, where the hearing of witnesses is concerned, the verification of the witness's identity is governed by Article 252 of the Code of Civil Procedure, according to which: ‘The examining judge shall ask the witness to state their name, surname, father's name, age and occupation and shall invite the witness to state whether they have any family relationship […] with the parties, or an interest in the trial’.
In such a case a court, through a preliminary ruling that the court may impose only upon a petition by an authority for the social and legal protection of children, will regulate the relations of the child for an essential time by ordering that the child be placed in a suitable environment indicated in the decision.
In accordance with Chapter XXIII of the Code of Civil Procedure, applications are not considered if the debtor lives or has its registered office abroad.
A party whose entitlement to legal aid has been recognised in this way is provisionally exempted from the obligation to pay the expenses of the court and the costs of the proceedings in general, i.e. notaries’ and bailiffs’ fees, witnesses’ expenses, and the fees of experts, lawyers and any other representatives, and from the obligation to provide security for such expenses.
However, approval of the maintenance agreements reached by the parties is the responsibility of the court hearing the merits of the case (first paragraph of Article 1256 of the Judicial Code).
It should also be emphasised that when adopting a child whose domicile is in Estonia, all other conditions for adoption arising from Estonian law must also be met, as required by the law of the child's or spouses’ country of domicile (Section 63(3) of the PILA).
Case-law made available on a website Presentation of decisions / Headlines Supreme courts Other courts Case-law presented with headlines Federal Supreme Court of Justice: No Federal Administrative Court: Yes, in special judgements Federal Finance Court: Yes Federal Labour Court: Yes Federal Social Court: Yes Federal Patents Court: No Important judgements of the Federal Administrative Court have headlines as titles, which helps the user to identify them easily.
This person can compel the distribution of an estate.
1.3 Principal bilateral conventions Agreement between the Republic of Estonia, the Republic of Latvia and the Republic of Lithuania on legal assistance and legal relationships, signed in Tallinn on 11 November 1992.
As mentioned above, executory attachment is the main coercive measure used.
Certified notaries are officers of the courts system, practise in regional courts and fulfil the obligations laid down for them in law.
A person's participation in a hearing does not deprive that person of the right to have a representative in the proceedings.
The court may order the payment of monthly instalments or a single lump sum.
Via the website of the Network of the Presidents of the supreme judicial courts of the EU, you can find the sites of a number of national databases (and also of some candidate countries) containing the case law of the supreme courts of those Member States.
Public prosecutor’s offices are therefore hierarchically organised with subordinate and superior levels.
This is also necessary on account of the fact that – contrary to court rulings – their decisions cannot be contested by means of any legal remedy.
Good faith is presumed, and need be present only at the time of the wedding.
Article 4 – Transmission of documents Spain accepts the request form (standard form) in English, French and Portuguese, as well as in Spanish.
Interest for late payment is intended as a penalty (for the debtor) and compensation (for the creditor).
A decision may be appealed to the regional court (apgabaltiesa), and may also be challenged on a point of law (kasācija).
According to Portuguese law, people who, on the basis of the income, assets and ongoing expenditure of their household, are not in an objective position to pay the costs of proceedings are deemed to be suffering financial hardship.
Parental responsibility includes the right to decide where the child should reside, including whether the child may travel abroad.
Objections to payment orders granted by a Court of First Instance (in cases where the amount in dispute is between EUR 15 000 and EUR 75 000) must take the form of a defence.
A vote subject to conditions is deemed to be a negative vote.
How is compensation calculated?
Approval of a restructuring plan does not limit the creditor’s right to challenge in court proceedings the claims not admitted in the restructuring plan.
Enforceable notarial record: A notarial record is enforceable if the debtor had agreed to its direct enforceability in the record and if the claim set out in the notarial record is due for payment.
The testator then signs the will in the presence of the same witnesses or places his/her mark thereon after declaring that this is his/her will.
It results in the extinction of the corresponding right.
In a decision on succession, the court or the notary public will instruct that, once the decision on succession becomes final, requisite entries be made in the land register in accordance with the rules of the land registry law and that the movable property which is in the safekeeping of the court, the notary public or, on their instruction, a third person be handed over to the authorised persons.
One-time recovery of the whole amount from funds deposited in a single bank enforcement instrument 17.00 3.2.
If the creditor declares that they have received the due payment, the court acknowledges this circumstance in a final judgment, declaring the case closed.
Unless the vehicle has been impounded, the debtor may use the vehicle until it is sold.
A mechanism for the recognition and enforcement of decisions ensures that the decision of the court is applied in other EU countries once it has been issued.
Prior to reaching a decision, the court must seek the opinion of a Social Work Centre and must also take into account the opinion of the child, if he or she has expressed an opinion and if he or she is capable of understanding its importance and consequences.
(Partially) computerised auctions are only possible for moveable property.
- 9:00-14:00 and 16:00-18:00 on Fridays (the service is closed in the afternoons during August).
This link will also provide more information about which courts can issue a European Payment Order and where the application forms should be sent.
Reference should also be made to the children of the marriage and the petitioner's financial circumstances.
However, no action may be brought for the judicial review or revision of judgments annulling the marriage or divorce judgments in terms of the annulment or the divorce itself.
A marriage is null and void if it was not contracted in the prescribed form, if one of the spouses was legally incapacitated, unconscious or temporarily mentally disturbed when the marriage was contracted or if the marriage was contracted solely or primarily for the purposes of enabling one spouse to take the other spouse’s surname or acquire the other spouse’s nationality, without any intention of creating a matrimonial relationship.
A decision approving a debt restructuring must set out a payment plan.
Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 (hereinafter: Regulation (EC) No 1896/2006) created a European order for payment procedure, and the said Regulationapplies in cross-border civil and commercial legal matters, irrespective of the type of court, with the derogations provided by the Regulation.
In the case of a person ordered to pay a sum of money, the claim is enforced against the debtor’s assets and is referred to as attachment.
The parents usually have the parental responsibility for a child, but parental responsibility may also be given to an institution to which the child is entrusted.
CONTACT_INFO Specialised Human Rights Bodies Ombudsperson for rights of the child The Ombudsperson (see above) also examines actions or cases of failure to act by public administrative authorities and private individuals in violation of children’s rights.
1.3 Forms An application for an order for payment may be made orally or in writing to the registry of a justice of the peace court.
A mediator or lawyer can help if the parents do not manage to reach an agreement.
A declaration must be made and lodged with the registry of the district court in whose jurisdiction the succession is opened (Article 788 of the Civil Code).
If both accept, the Ombudsman will assist in every way possible to settle the dispute, for example by establishing contact or assisting in negotiations between the parties.
Short description of the possible results of the procedure/proceedings.
Related link European Judicial Training Network (EJTN)
In the course of enforcement the court is entitled to ask the enforcement agent for explanations or reports on the progress of each enforcement case assigned to the agent, and the agent is obliged to provide these for the court within the stated time limit.
Third parties acting in good faith may cite an entry or posting, even if the particular entered or the act or document posted does not exist.
The above five categories of estate debts are ranked in a hierarchical order (Section 7:95 of the Civil Code).
In specially defined cases (with respect to the subject or content of the dispute), a party may only file an action with the court with sole jurisdiction to adjudicate in the case in question; in this instance, it is referred to as exclusive territorial jurisdiction.
The computerised register is maintained with the objective of storing all land register data in a single central data base.
Witnesses may refuse to testify in cases where such testimony would give rise to the risk of criminal prosecution of the witness or persons close to him; the court decides whether the reasons for refusing to give testimony are justified.
Judicial mediation is a free of charge.
Otherwise, geographical jurisdiction is often determined according to the usual place of residence of the defendant.
In the Netherlands, legislation is in preparation which includes measures to promote quality.
If possible the court also asks other persons (e.g. relatives) who may know the addressee’s whereabouts.
The first decision (according to date of issue) does not have a numerical addendum.
If both spouses are citizens of different countries when the action is filed, the cumulative laws of the countries of which they are citizens are applied, in accordance with the provisions of Slovenian domestic law (second paragraph of Article 37 of the Private International Law and Procedure Act/Zakon o mednarodnem zasebnem pravu in postopku).
Legal databases The website of the Constitutional Court of the Slovak Republic provides free access to: decisions of the court, reports on findings and rulings, press statements, international activities, information about the court.
The creditor is immediately notified of that decision.
Annulment proceedings based on a lack of consent of one or both of the parties may be brought only within three years of the celebration of the marriage or, if the applicant was unaware of this, within six months of the moment when they become aware of this.
Pursuant to the Mediation Act (Narodne novine (Official Gazette of the Republic of Croatia), No 18/11 and the Rules on the Register of Mediators and Accreditation Standards for Mediation Institutions and Mediators (NN, No 59/11), the Ministry of Justice is to maintain the Register of Mediators.
Authority for Working Conditions (Autoridade para as Condições do Trabalho - ACT) The Authority for Working Conditions is a State service whose aim is to promote the improvement of working conditions throughout the Portuguese mainland by monitoring compliance with labour regulations in the context of private labour relations and promoting occupational safety and health in all private sectors.
If, at the time of the opening of bankruptcy proceedings, there are one or more claims that are to be offset under a suspensive condition, or are not due or are not intended to be performed in the same way, the set-off will occur when the necessary conditions have been met.
Appeal against the enforcement order: If the court has issued an order for enforcement or, if the enforcement order differs from the application, has issued an order concerning that difference, the parties may lodge an appeal against the order.
169 CCP After a case has been brought before court, applications, replies or other documents may be sent directly to the court by a lawyer or legal adviser if the parties have one.
Courts of first instance Unless Act No 141/1961 on criminal trials provides otherwise, proceedings at first instance are conducted by a district court.
If you wish to start proceedings against someone who has no known address, you need to apply to the courts where their attorney or legal representative is resident, or, if that is not possible, to the courts of the place where you yourself are resident.
The plaintiff should apply to the court where he or she instituted the proceedings and that court is in a position to ascertain whether or not the defendant entered any appearance or defence and whether the time for so doing has elapsed.
For further detail on courts jurisdictions, please see the Factsheet on 'Jurisdiction of the Courts' The website of the Courts Service of Ireland provides information on the structure of the courts.
A portion of wages and other claims to periodic payments is not eligible for attachment.
A marriage is presumed to have broken down through the fault of the other spouse if he or she has been convicted of a pre-meditated crime or has committed adultery or is abusive towards the other spouse or other members of the family or has deserted the family and has not been caring for it for over a year.
The reorganisation adviser will justify their allegations.
If a judge dies, a survivor’s pension amounting to 30 % of the judge’s final salary is paid to each family member entitled to receive a survivor’s pension, but no more than 70 % of the judge’s final salary is paid in total.
The only exception to the question of equal legal status concerns whom the in-house lawyer can represent under his/her practising certificate as a lawyer.
However, as a rule, before petitioning for debt adjustment, the debtor shall determine whether there is a possibility to negotiate a settlement with the creditors.
All of Latvia’s certified notaries have joined together to form the Latvian Certified Notaries Association (Latvijas Zvērinātu notāru kolēģija), an independent national professional body for certified notaries.
Once registration has taken effect with respect to third parties, a person is no longer entitled to object that they were unaware of the entry (Article 949(1) PGR).
At the meeting of the Alternative Dispute Resolution Commission, held on 26 November 2009, a Code of Ethics for Mediators was adopted.
What is the hierarchy of these legal instruments?
Through legal aid, the services of a lawyer are made available completely or partially free of charge.
Publication rules Constitutional cases must be published in Luxembourg's Official Journal (Mémorial).
Official government communications relating to the composition, organisational structure and legal framework of the Office of the Prime Minister, in accordance with Decree-Law No 12/2012.
A case may be referred to a regional court by one of two methods.
Yes, access to the database of mediators is free of charge.
3 What are the legal consequences of a divorce as regards: 3.1 the personal relations between the spouses (e.g. the surname) Divorce dissolves a marriage, but does not bring about a change of surname automatically.
These must be approved by the partners or shareholders within six months of the end of the company's financial year and, once approved, must be submitted within the following month for compulsory authentication by the local Business Register.
The basis for the entry of real estate that is the subject of inheritance is a legally final decision on inheritance issued in the course of probate proceedings (point 6 of Article 40(1) of the Land Registry Act, ZZK-1).
According to Section 2 of the Code of Judicial Procedure (4/1734), the court may, with the consent of the relevant party, entrust that party with responsibility for the service of documents if the court considers that there are justified grounds for doing so.
The creditor may enforce his claim against the debtor’s entire property, therefore in principle all the assets belonging to the debtor may be attached.
This applies even if it is clear that the debtor has no assets.
The amount of maintenance payable may be changed at a later date if the beneficiary or the person liable applies to the court with jurisdiction, which is usually the one that issued the original order.
The Commissioner for Fundamental Rights may not examine the activities of the National Assembly, the President of the Republic, the Constitutional Court, the State Audit Office of Hungary or the prosecution service, with the exception of the investigative body of the prosecution service.
3.2 The main conditions In cases of enforcement of a judgment between parties in Cyprus, the criteria vary depending on the case.
1.7 Content of judgment A court judgment is given by issuing a copy of the judgment to the parties immediately after the judgment is drawn up.
In Romanian law there is no concept of ‘legal separation’ but only of ‘de facto separation’ and the judicial division of property.
Based on the above, the amount payable varies from case to case depending on factors such as whether you are the successful party and whether experts have been commissioned, witnesses have been called, judicial officers have had to travel abroad, a mediator has been appointed, etc.
The extended time limit commences on the first following day after the expiry of the time limit for which the extension was requested.
The issue of lifting interim measures must be decided by court judgement.
1.5 Rules concerning the taking of evidence If the matter goes to court, the parties must attend the District Court hearing.
History of the BULSTAT register In accordance with a decision of the National Assembly of 8 June 1995, the task of setting up, maintaining and developing the BULSTAT register was assigned to the National Statistical Institute (NSI).
Tribunals hear, as courts of first instance, all the applications which are not by law within the jurisdiction of other courts or any other applications which are by law within their jurisdiction.
According to the Fee Guideline of the Finnish Bar Association, an estimate of the fee for performing a task for a consumer must be given inclusive of VAT.
Information on the website of the Mediation Council has been available since 2 November 2006.
One special means of securing of evidence entails the securing of an object of evidence in a case relating to intellectual property rights (Article 78b of the Code of Civil Procedure (Act No 99/1963)).
It is important to understand that in Section 45 et seq. of Act No 99/1963, the Civil Procedure Code (Zákon č.
The following documents are required to issue the certificate: – an application using the civil registry (GRAO) information centre form, specifying the details of the heirs of the deceased, which must be filed by an heir or a person authorised by an heir; – a copy of the death certificate (if issued by another municipality); – the identity document of the applicant; – a notarised power of attorney if the application is filed by an authorised representative.
The suspension of the provisional enforcement may be requested either by the appeal lodged, or distinctly throughout the appeal proceedings.
The purpose of this rule is to give a degree of protection to defendants, as it will be easier for them to defend themselves at the court nearest their home.
Shares are defined and specific assets are allocated to the exclusive ownership of the individual co-dividers.
As happens in other parts of the law, the presumptions may be irrebuttable or rebuttable.
If, at the review hearing, the recognised claims of the creditors have been determined in a value exceeding HRK 50 million, and the debtor on the day of the opening of bankruptcy proceedings has employment contracts with more than 20 employees, the court is responsible for allowing the creditors to deliver a decision on establishing a committee of creditors.
Everyone has the right to examine the information contained in the card indexes and the documents in business files and to obtain copies of them.
However, case law does exceptionally allow the use of such evidence if there are substantiated reasons for doing so or if the taking of evidence would have a special importance for the implementation of a constitutionally protected right.
If the party does not collect the document sent within five working days following the placement in the electronic service space, the document must be regarded as served on the following working day (presumption of service).
In matters involving petitions, the charge is €72.
What are the applicable rates?
The mediation process is confidential, with no records kept of discussions.
Several parties obliged under a promissory note or cheque may be sued jointly before the court having jurisdiction over the place of payment or the court having general jurisdiction for the acceptor or issuer of the promissory note or cheque.
The list of bailiffs’ offices is available on the website of the Estonian Chamber of Bailiffs and Trustees in Bankruptcy.
An appeal on the merits of the case is also permissible against a default judgement.
This continues in the order down to the last of the deceased’s descendants (Article 12 of the ZD).
There is no general rule of jurisdiction, apart from the fact that jurisdiction to take interim measures normally lies with the presiding judge of the court called upon to hear the substance of the dispute.
Mediation proceedings in family, divorce and separation cases Mediation is a voluntary, confidential form of dispute resolution whereby the parties to a conflict or dispute attempt by themselves to reach an agreement with the assistance of a neutral and impartial mediator.
Easter High Court (Østre Landsret) and Western High Court (Vestre Landsret) There are two high courts in Denmark – the High Court of Western Denmark and the High Court of Eastern Denmark.
It is currently not possible to bring an action by fax or e-mail.
Related links Association of the Councils of State and Supreme Administrative Jurisdictions of the EU (ACA-Europe) European Judicial Training Network (EJTN)
Indeed, the parties may, until the start of oral pleadings in the first instance, request permission to provide statements regarding facts in which they have been personally involved or of which they have direct knowledge.
The court will not consider whether the case has been presented properly until it comes to trial, when both parties can be heard.
See the point above regarding VAT.
Representatives of employees may submit an application to have a lock-out or notice of lock-out declared illegal, on the grounds set out in the Law on Labour Disputes and in accordance with the procedure laid down there: the application to have the lock-out or notice of lock-out declared illegal is to be submitted to the court of the place where the lock-out is to take place (Section 394.1 of the Law on Civil Procedure).
For important reasons, either spouse may request the court to divide the joint property according to the extent to which each spouse has contributed to the acquisition of that property.
A separation ends if the spouses start living together again and their life together confirms their intention to live together permanently.
District courts always have territorial jurisdiction in the first instance (exceptions to this rule are set out in the Code of Civil Procedure).
Here too there may be central payment order courts in some federal states.
Each Rent Control Tribunal (of which there are currently three) is composed of a President, who is a member of the judiciary, and two lay members nominated by the tenants’ and landlords’ associations.
Petitions for legal separation, marriage annulment or divorce must be accompanied by: The marriage certificate and the birth certificates of any children; it is not sufficient simply to produce the family register (Libro de Familia).
Where there are none, a teacher of the appropriate language shall be appointed, and if there is none, any person who speaks the language.'
In Polish case-law, taking a child abroad, both permanently and temporarily, even on holiday, is considered an essential matter.
If a marriage cannot be terminated under the law of the countries of which the spouses are citizens, Croatian law is applied to the termination of marriage, if one of the spouses was permanently residing in Croatia at the time the action was filed.
Under Section 2(1) of the Act on International Legal Relationships in respect of Adoption, a Swedish court considering an application for adoption is to apply Swedish law.
For further information on public prosecution service in Poland, see the website of the Office of the Prosecutor General.
The registered office of notaries in the territory for which they are appointed is determined by the Ministry, and the official territory covered by notaries corresponds to the territory laid down by law for the municipal court on whose territory they have their registered office.
Where it is provided for remuneration, the procedure may commence only after a mediator agrees in writing with both parties to the dispute about the amount to be paid and method of payment.
A) If a parent removes the child to another state for the long-term or with the intent to remain, the consent of the other parent is necessary.
The application may not be lodged if the couple has lived together for more than a year since the applicant regained his or her mental faculties.
Roles and responsibilities of the public prosecutor service: The main tasks of the public prosecution include enforcing the law and overseeing prosecutions in criminal cases.
If the time limit is interrupted under Article 186 of the Code of Civil Procedure, after the hindrance has ceased, an invariable time limit of 15 days starts to run, irrespective of the duration of the interrupted time limit.
No, there are no other alternatives; this can only be done in court.
There is no such obligation, but it is not excluded, for example, that the court may check the current address of the company entered in the trade register and arrange for service accordingly.
In Latvia there is no special framework for initiating proceedings and bringing civil actions using the internet.
The fees for each action type are set out in Scottish Statutory Instruments, and are known as Fees Orders.
By way of exception, Article 647-1 of the Code of Civil Procedure provides that the date of service of a writ in an overseas community, New Caledonia or abroad is, with respect to the sender, the date of dispatch of the writ by the bailiff or the court registry (greffe), or failing that the date of receipt by the responsible public prosecutor’s office (parquet).
Article 18 of this Law states that the conclusion of an adoption by the competent Spanish authority will be governed by Spanish substantive law when the adoptee has his or her permanent residence in Spain at the time of the adoption or has been or will be taken to Spain for the purpose of taking up residence in Spain.
The amounts are linked to the consumer price index.
Any change of plus or minus 10 points gives rise to an increase or decrease, respectively, of 10 % of the amount.
The Chamber also has a court of honour.
If sufficient evidence is provided concerning the right of succession of the heirs and the extent thereof, the notary shall notarise the succession certificate, setting out the size of the share of the estate of each heir; however, the certificate shall not set out the composition of the estate.
EU countries must: take appropriate measures to inform all persons concerned about the transposition of this legislation; lay down, and provide information on, the system of penalties for infringements of the national provisions adopted in application of this directive.
In the case of ‘active’ judicial assistance, the German court providing the assistance is responsible for conducting proceedings and taking evidence.
This harm may take various forms, for example, damage to or theft of an object.
If your case is about an inheritance, the complete or partial withdrawal of a will, the partitioning of an inheritance or the cancellation of a voluntary partition, you need to apply to the courts where the will is administered.
Related Links Jurisdiction of the courts - France
The person’s identity is also checked as part of the examination (Section 340(1) ZPO).
They may not alter the jurisdiction with regard to the subject‑matter of a dispute, that is to say the level of the court that is to hear the case at first instance (Section 25 of the Law on Civil Procedure); nor can they alter any exclusive jurisdiction (Section 29 of the Law).
Legal database The Chamber of Private Bailiffs (Kamarata na Chastnite Sadebni Izpalniteli) keeps a register of private bailiffs.
3.7 Wills and successions As a general principle, the law governing succession to immovables is the law of the place where the property is located while the law of the country in which the deceased was domiciled at the time of his death governs the distribution and the succession to his movables.
A minor child is entitled to benefit from a maintenance allowance, and above all it is the child’s parents who are obliged to support the child, in equal parts.
The confirmation of receipt can be returned to the court on a pre-printed paper form, by fax or as an electronic document.
Lay judges Lay judges participate in the administration of justice in county courts only in criminal cases concerning a crime of the first degree.
Furthermore, such a public document has an incontestable date.
A Decree issued by the President of the Republic enters into force on the tenth day following its publication in Riigi Teataja, except as otherwise provided in the Decree.
Advocates are free to choose the field of law in which they wish to specialise (specialisation of advocate).
Practitioners' guides The EJN-civil has also developed a number of publications, notably users’ guides on specific Union law instruments.
Click on the flag of the country in which the crime was committed.
Formal service must be by personal service.
If this form is not possible, service may be undertaken at the domicile or residence.
These rules apply if the parties have not concluded a nuptial agreement which settles the above-mentioned relations in the event of divorce.
No, access is not free.
The estate is worth EUR 100 000.
The Portal collects personal data with the purpose of contacting page and web link owners.
The time limit for lodging an appeal is usually 3 months.
No agreement If parties do not reach an agreement, the mediator summarizes issues identified and any progress made.
Judges must provide assistance to parties with no legal representation, i.e. they must advise the parties of their procedural rights and obligations and of the legal consequences of their acts and omissions.
History of the Irish insolvency register The Personal Bankruptcy Register contains information dating from 1922.
If definitive maintenance has not yet been set, the court may, at the request of the maintenance creditor or ex officio, if the latter is a minor, grant provisional maintenance which will be determined at the court's discretion.
In addition, at the party’s request and expense, the bailiff may order the notice to be published in another manner indicated by the party.
The rules for attachment on such assets are in that case applicable mutatis mutandis (Article 707 Code of Civil Procedure).
Since 1 June 2010 Riigi Teataja has been published only on the internet, as an official online publication.
The court will open reorganisation proceedings if the reorganisation petition meets the requirements set in the Code of Civil Procedure and the Reorganisation Act and if the undertaking has provided a justified argument indicating that: it is likely to become insolvent in the future; the enterprise requires reorganisation; sustainable management of the enterprise is likely after the reorganisation.
The warrant should be suitably endorsed.
Unless proven otherwise, it is presumed that the spouses made an equal contribution.
A network of central contact points in EU countries will be set up to improve international cooperation.
There is an alternative to approval.
The measures remain valid until the enforcement is successful or the measures are terminated by the bailiff or the court, or by law.
It is the responsibility of the court to confirm or appoint guardians, administrators of assets and members of the family council.
In other cases, the estate distribution document must be submitted in an original and authenticated copy.
This list is not intended to be exhaustive but merely outlines the common procedures used.
How to search the Irish insolvency register Searches of the Personal Bankruptcy Register can be conducted only by attending in person at the Examiners Office, CONTACT_INFO.
Section 41 of Schedule 12 of the Tribunals, Courts and Enforcement Act provides for the sale of goods by public auction unless the court orders otherwise.
The expiry of such a limitation period liquidates not only the substantive right, but also the associated right of action and right of enforcement.
An enforceable title can be enforced if it contains information about the creditor, debtor and the subject, type, scope and time for performing the obligation (Article 21(1) of the ZIZ).
The parties may be represented by a representative of their choice, under the law, unless the law requires their appearance in person before the court of law.
A forced heir may make a declaration of acceptance or waiver of a reserved share orally before any municipal court, before the probate court or the notary public conducting the probate proceedings, or may present a certified document containing a declaration of succession to the probate court or the notary public conducting the probate proceedings.
The estate inventory is a document that clarifies the status of the deceased person’s estate; in other words it lists the deceased person’s assets and liabilities.
It is superintended by the attorney general, who answers to Parliament for the CPS.
If the judge recommends mediation, the parties (if they had not attempted to settle their dispute by mediation before they filed a lawsuit in court) are to appear before the mediator in order to be informed of the advantages of mediation.
Slovak law does not allow agreements on succession or joint wills.
In accordance with the Constitution of 1990, in March 1991 the Croatian Parliament passed the first Constitutional Act on the Constitutional Court of the Republic of Croatia (hereinafter 'Constitutional Act of 1991'), which further develops the powers of the Constitutional Court specified by the Constitution of 1990.
The substantive law applicable to divorce is as follows, in order of precedence: the law of the parties’ last common nationality, provided one of them still holds it; the law of the parties’ last common habitual residence during the marriage; or the law with which they have the strongest links.
The respective amounts must be awarded to the court.
These amounts will be paid from the court’s special account, opened in a bank according to the court’s location.
The decisions of the Constitutional Court are final and are not subject to appeal.
Complaints about decisions taken by the arrears collection authority on the recovery of debts, etc., including decisions concerning the existence and size of claims where the question at issue relates to the handling of the claim by the authority itself can be brought before the National Tax Tribunal (Landsskatteretten).
sudački vježbenik) Each year the Ministry of Justice decides the number of trainee posts in courts in accordance with the available funding earmarked in the national budget.
This platform has been translated into English, French, Italian and Spanish, although the information in the register itself is mainly in German (however, the information on capital markets is partly available in English and other languages).
Besides the CIR there is also a National Register of Debt Restructuring Cases (Landelijk Register Schuldsaneringen – LRS), which is run by one of the Legal Aid Councils (Raden voor rechtsbijstand).
Where the evidence submitted is not sufficient, a court may ask the parties and other participants in the proceedings to provide the court with corroborative evidence and fix a time-limit for presenting it.
If proceedings are heard in the District Administrative Court as court of first instance, and that court needs to verify information which involves a matter of State secrecy, the proceedings are heard in the courthouse of the District Administrative Court in Riga.
Information and training Please see above.
Ordinary courts – introduction Jurisdiction in civil matters The local courts (Amtsgerichte) as courts of first instance are competent in civil cases – mainly in cases with a litigation value of up to €5000.
Please select the specific issue relevant to your case Freedom of thought, conscience and religion You have the freedom to freely express your ideas (including ideology and moral values) as well as your religious or non-religious beliefs.
In relation to written evidence, the parties themselves must submit the document on which they rely on as proof of their statement.
The bailiff has to take the interests of the owner into consideration.
3.2 the division of property of the spouses The 1978 Order contains far-reaching provisions which allow the court to deal with the parties' property and regulate their financial arrangements, both in relation to each other or the children of the family.
The costs are determined by a permanent three-member committee of officials of the Office set up for the purpose; the members are designated by the Special Secretary of the Office.
The defendant may be assisted by a lawyer.
It allows the court to decide how to proceed, at its reasonable discretion, in cases where the value in dispute is €600 or less.
Legal practitioners specialising in asylum law may be interested in the two specialised modules in the area of asylum.
If you are a victim of crime, you can report the crime verbally or in writing to an investigative body, usually the police or the Prosecutor’s Office.
The exercise of parental authority entrusted to one of the parents by a judicial decision will then be considered exclusive.
According to this procedure, substituted service may be performed if the person on whom documents are to be served is not present at his or her residence, business premises, or an institution in which he or she is a resident.
The ruling may be challenged by the debtor at the same time as the measure itself.
This measure is not often imposed by the courts and even when it is, it is rarely actually enforced.
The payment plan runs for three years.
As far as legal representation ex officio is concerned, the costs are provided for in the Regulation.
Union citizens increasingly move across national borders to study, work or start a family in another Member State, and this leads to an increased number of couples with an international dimension: couples whose members have different nationalities, couples who live in a Member State other than that of their nationality, couples who own property in different countries or couples who divorce or die in a country other than their own.
There are also alternative dispute-settlement procedures (see ‘Jurisdiction of the courts’).
Where it is difficult to anticipate the outcome, the lawyer can also advise the client on anticipated costs associated with various possible outcomes, which will ultimately depend on the court’s consideration and discretion.
Currently, the rate has been set at 3.5 % by special order of the Minister for Finance, who has the power to adjust it.
The requesting court is responsible for providing interpreters in accordance with Article 27 of Law No 189/2003 on international legal assistance in civil and commercial matters.
The matrimonial property regime is the indivisible joint ownership of all assets, including cash deposits, acquired during the marriage.
The same applies to the preliminary questioning, if this takes place, and to matters of fitness or refusal to give evidence or the excusing of witnesses from giving evidence, which are dealt with under the authority of the judge of the requesting court, in accordance with the civil procedural law of the requesting Member State, as provided for in Article 17(6) of Regulation (EC) No 1206/2001 of 28 May 2001.
The claims lodged are then verified at a verification hearing ordered by the insolvency court.
The Courts Office (Oficina Judicial) The Organic Law on the Judiciary describes the Courts Office as the administrative organisation which acts as a support for the judicial work of judges and courts.
See also the reply to Questions 5, 11 and 16.
Appeals from the District Court take the form of a re-hearing and the decision of the Circuit Court is final and cannot be appealed any further.
There is, in principle, no rule that stipulates that the defendant must live in Finland.
Moreover, in France there is no Internet portal that allows people to consult these registers.
The services described are available 24 hours a day, 7 days a week.
If a young person is charged with a very serious offence, which in the case of an adult would be punishable with 14 years imprisonment or more, the youth court can commit them for trial at the crown court.
Furthermore, the database contains summaries of decisions, information on decisions which have not been published in the court reports and notices in the Official Journal of the European Union.
Their suggestions are not binding on the Government, but their recommendations and suggestions are often taken into account.
Written evidence (Section 1317 of the Civil Code) can be submitted either by authentic instrument or by private instrument.
Reasonable needs of the person entitled to maintenance include everything required for his or her subsistence, in the sense of both material and non-material (cultural and spiritual) needs.
The conditions for acceptance of the application for suspension of enforcement of the payment order are the following: (a) lodging of the opposition in due time and (b) speculation on the success of at least one ground of the opposition.
Anyone seeking an interim measure that the insolvency court may otherwise order on its own motion is not obliged to lodge a security.
Where it is sent by registered post or by telegram, the date of posting is taken as the date of delivery to the court to which it is addressed.
The application of withdrawal can be made by using the standard form in Annex VI of the Regulation.
The service must contain all the particulars relating to the surname and first names or company or business name of the sender, as well as this person’s domicile or registered office.
As part of those conditions, the central body may also order that the evidence be taken in German.
Opposition to the EOP The court will notify the defendant of the European order for payment by sending it by registered post with acknowledgement of receipt or by means of a bailiff’s notification.
Lodge an appeal against the registrar’s decision with the Directorate-General of Registers and Notary Services.
Loss or restrictions of a natural person’s capacity to contract is governed by the law of the State of which that person is a national.
If a claim arising from unlawful causing of damage is governed by foreign law, such compensation ordered in Estonia must not be significantly greater than the compensation prescribed for similar damage by Estonian law (Section 52 of the PILA).
The maintenance obligation exists between former spouses (Article 398 of the Civil Code).
If a petition is admitted, a creditor cannot, by relying on a breach of a financial obligation that occurred before the debt restructuring petition was submitted, terminate a contract that has been entered into with the debtor and that gives rise to the claims the debtor is seeking to restructure, or refuse to perform their obligations on those grounds.
The Directory of Case Law (Eυρετήριο της Νομολογίας) has the facility to search for the text of any decision on the basis of various search criteria.
Such an effect does not take place if the pleading is returned again for the same reason.
Maintenance payments fixed by the court for minor children are paid directly to the parent (or guardian) who is caring for the child.
Country: Portugal Instrument: Recognising and enforcing judgements in civil and commercial matters - European enforcement order 1.
Search by the personal code of natural person (owner) is restricted.
3.1 The procedure Enforcement may be ordered by means of an enforcement order.
If the claim and supporting documents are in a foreign language, then they must be submitted together with a certified translation issued by a licensed court translator.
Costs of information Information on registered acts is available, free of charge, on the official website for publication of company acts.
The Federal Government is legally required to report back to the Bundestag (lower house of parliament) on the impact of the Act five years after its implementation.
Legal acts carried out by the insolvent after the opening of the insolvency proceedings are void.
If approved, the accused is summoned to appear before the court on a specified date.
In particular, these can help to expand European judicial training in terms of numbers of activities on offer and the number of participants able to benefit.
In addition, as the decision-making body, the Directorate-General for Personnel and State Pension Costs, may obtain the cooperation of the assisting authority of the State in which the aid applicant habitually resides, in order to hold a hearing with the applicant or with any other person it considers necessary.
The instructions indicate on what grounds leave to appeal may be granted by law and how the person requesting leave to appeal must proceed in order to have the appeal heard by the Supreme Court.
Publishing case law is deemed to be a part of the administration of justice and the publication of specific data may be contested.
From the moment that a judgment annulling a marriage comes into effect, the parties are deemed never to have been married, and the marriage is considered null and void from the time it was concluded.
Because of the freedom of manner of contract in civil matters, confirmation by a Notary Public is not a prerequisite for the validity of contracts in Finland.
The court also instructs the party of this possibility (Section 30 of the Code of Civil Procedure).
A recognition decision may be opposed through the lodging of an application with the court of appeal with territorial jurisdiction or the submission of an appeal to the High Court of Cassation and Justice.
The Supreme Court cannot make absolute a decree of divorce unless it is satisfied that satisfactory arrangements have been made for any children.
Under Article 29(1) of the PILA, where Polish law provides for an insurance obligation, the insurance contract shall be governed by Polish law.
A legatee also acquires a legacy upon the death unless the legacy is subject to conditions or tied to a specific period of time; in this case, the legatee receives the legacy when that condition has been met or that period of time has passed.
Under the provisions of the Civil Procedure Act, a court also issues a decision on the issuing of an order for payment ex officio when a claimant in an action has not made application to this effect but the conditions for the issuing of an order for payment have been met, i.e. the claimant files an ordinary action and does not propose that an order for payment be issued.
The district court may also order the losing party to pay non-recoverable expenses, i.e. any expenses for representation and assistance incurred by the winning party.
In cases involving the temporary restriction of the property rights to a jointly owned item, seizure may be imposed only on that share of the property which belongs to the person subjected to the interim measures.
Unless otherwise provided, it is impossible to continue these proceedings while an insolvency decision remains in effect.
You will also find information on your obligations during the process.
The cost of mediation varies by provider and is not generally regulated by the state.
The debtor and the bankruptcy petitioner may file appeals with the Supreme Court against the district court ruling on the appeal against the ruling.
The Law on Civil Procedure gives the parties procedural rights with regard to the the preparation of the case for trial, which they may exercise no later than seven days before the date set for the adjudication of the matter.
Pursuant to Article 225 of the New Code of Civil Procedure, if any of the parties to be heard does not speak Romanian, the court shall resort to a legal translator.
Articles 81 and 82 list 'support for the training of the judiciary and judicial staff' among the measures required to strengthen judicial cooperation in civil, commercial and criminal matters.
The enforcement court is the district court (judecătorie) in whose jurisdiction the debtor’s residence/registered office is located on the date of referral to the enforcement court.
Such announcements are subject to time limits of publication in Ametlikud Teadaanded and to restrictions on access after discontinuation of publication.
In such cases it is useful to know the specific rules in each Member State on the rights for citizens and their groups in a review procedure.
A witness may be examined in situ if they cannot appear upon summons before a court because of illness, old age, disability or other substantial reason recognised by a court and a participant in the proceedings who initiated the calling of the witness cannot ensure the appearance of that witness before a court.
How to search for a mediator in Austria From the website, lists of mediators may be sorted by: Name, Postal Code, and Province.
The said agreement shall be made on some or all or of the following terms: care and the custody of the children; access of the two parties to the children; maintenance of the spouses or of one of them and of each child; residence in the matrimonial home; division of the community of acquests or the community of residue under separate administration 4 What does the legal term “legal separation” mean in practical terms?
What rates are applicable?
Institutional framework Institutions responsible for the adoption of legal rules The National Assembly is vested with the legislative authority.
Data on registered users will be deleted at their request.
The payment obligations set out in the payment schedule shall be binding to the debtor until all the specified obligations are fulfilled.
Other specialised courts are the juvenile court and the court for cases concerning public waters.
Unless the law provides otherwise, the Romanian court before which the defendant is summoned shall have jurisdiction to rule on the application, if the defendant appears before the court and submits defences as to the substance of the case, without also raising an exception related to the lack of jurisdiction at the latest by the end of the stage of inquiry in the case before the first court.
Article 20 – Agreements or arrangements to which Member States are parties and which comply with the conditions in Article 20(2) /
If a court case already exists during which child maintenance was set, the application to set maintenance for a child who has, in the meantime, reached adulthood or been emancipated is joined to the pre-existing case and heard in this court and not in the Civil Registry.
General administrative courts General administrative courts have three levels of jurisdiction (instances).
Pursuant to Article 149(4) and Article 154(6) of the Code of Civil Procedure, the communication of subpoenas and all procedural documents shall be made ex officio by the court's officers, or by any other of its employees, as well as by agents or employees of other courts in districts where the person to whom the deed is being communicated is located.
However, in some cases it may be necessary to await the outcome of police investigations or criminal proceedings.
Related links Jurisdiction of the courts – Austria
In such cases, the Social Insurance Office takes over the child’s right to maintenance allowance up to the sum paid out by the office as maintenance support.
Yes it is permitted to record videoconference hearings and the facility is available.
None, apart from those restrictions associated with the very nature of videoconferencing (the fact that it is impossible to conduct a premises search by videoconference, etc.).
Costs are due in the courts.
One can object by applying to the family court with which the application is filed for recognition and registration of the other Member State’s decision.
Article 75 (b) – Names and contact details of the courts with which an appeal against the decision on the application for refusal of enforcement is to be lodged pursuant to Article 49(2) An appeal is lodged with the court whose decision is being contested (that court refers the appeal to the court with jurisdiction for the appeal).
An application must be submitted to the court of first instance that has jurisdiction.
The Enforcement Authority always arranges a viewing of the property to be sold.
Transcripts of published wills concerning immovable property and rights to immovable property have to be registered.
For example, it may be necessary to hear witnesses or experts in other Member States, or the court may have to visit a scene of occurrence situated in another Member State.
When the court grants maintenance for a child, it may grant it in the form of a fixed sum, or in another form, e.g. food, clothing, housing etc., or both.
There is no substantial difference: the testimony of experts and other witnesses is evidence, and written statements by experts are also evidence.
Maintenance obligations are governed by the Hague Protocol of 2007 on the law applicable to maintenance obligations.
If neither of them is resident in Sweden, the case is heard by Stockholm District Court (‘Stockholms tingsrätt’).
The system works in some courts: district courts, courts of appeal, Supreme Court of cassation.
Before any sale of an immovable, a court expert prepares a report on the state of the immovable and this report is public.
According to Dutch law on evidence, the judge is in principle free to assess the evidence adduced.
Yes, it is possible to appeal against a decision on parental rights and obligations.
Sexual orientation is one of the personal circumstances referred to in Article 14(1) of the Constitution.
They are referred to as protective measures (conservatoire maatregelen) and function as interim measures of protection.
In addition, the Service of Documents Act (Sections 16(5) and 17(3)) lays down specific rules for remedying defects in the service of documents in the following situations: when the addressee is unable to find out about the served documents in time because he or she is absent from the delivery location, when substituted service is ineffective or when the documents are deposited.
Other courts A list of the other courts is given below, along with a brief description of their subject-matter jurisdiction.
a) The justice of the peace Pursuant to Article 590 of the Judicial Code, the justice of the peace (juge de paix/vrederechter) has general jurisdiction over all claims with a value below €2 500, except for those that the law expressly assigns to another court.
The chair of the Court of Appeal organises and supervises the administrative activities of the district courts and their judges, in accordance with the procedure prescribed by law.
Court registrars form a hierarchical body under the Ministry of Justice and the Court Administrators (Secretarios de Gobierno) of each of the high courts, and they are subject to practically the same rules on incompatibilities and prohibitions as judges.
This role is performed by administrative courts.
Powers The Defender of Rights is authorised to receive complaints from any natural or legal person, including minors that call for protection of their rights.
However, judgments made by the courts respect rulings of the Slovak Supreme Court, which, de facto, are sources of law.
of the Greek Bankruptcy Code, a mediator may be appointed to a transaction procedure upon request by a natural or legal person to the bankruptcy court (πτωχευτικό δικαστήριο).
If the spouses reside in different countries but have the same citizenship, the general legal consequences of the marriage are defined by the legislation of the country whose citizens they are.
Now, Article 1 of the Civil Code provides that, unless otherwise stated, texts come into force the day after their publication in the Official Journal.
In the case of the order for payment, the judge verifies the competence of the court on their own initiative.
The notice is left at the addressee’s address.
Standards for the Conduct of Mediation and Mediation Proceedings (Standardy Prowadzenia Mediacji i Postępowania Mediacyjnego) (June 2006).
Presided over by a judge Presided over by a judge Presided over by a judge The Court of Magistrates First instance In the civil field the Courts of Magistrates only have inferior jurisdiction of first instance, in general limited to claims not exceeding €15 000.
All known private publishers of case law documents have been informed about the ECLI, and most of them have already assigned an ECLI to published documents.
Safeguard and judicial reorganisation The contract is automatically continued a priori; the court-appointed administrator has an option based on public policy which enables him to require continuation of the contract subject to paying for the goods or services to be supplied to him.
Judgments given by the Superior Courts may become enforceable again after ten (10) years from the date when the judgement or decree may have been enforced.
Family mediation in cases before a court is intended to be used where, for example, conciliation has not produced a result but there is still thought to be a possibility that the parents will agree in matters affecting their children.
If the subject of the dispute is a land easement, jurisdiction is determined according to the location of the encumbered property.
One of the proposals concerned the property regimes of married couples and the other the property regimes of registered partnerships.
No representation by a lawyer is required in order to make an application for enforcement.
Hierarchy of legal instruments The hierarchy of legal instruments is as follows: the Constitution, European Union law, international agreements, Acts and Decrees, Government of the Republic Regulations and Regulations issued by Ministers.
The fees of bailiffs are determined by Grand-Ducal regulation.
D. Placing under seal The consequence of placing assets under seal (apposition des scellés/verzegeling) is that they become unavailable in practice.
Notaries, in general, subject to the clarifications provided in the preceding section.
The legitimate portion of children and descendants consists of two-thirds of the estate of the father and mother.
The obligation to pay in advance does not apply under certain circumstances, particularly if legal aid is granted.
Mediators themselves select from among the courses offered by mediation centres, universities and other entities.
In which languages can I find information on cost sources in Denmark?
The application for recognition of a decision or for a declaration of the enforceability of a decision must be accompanied by a copy of the decision on parental rights and obligations that meets the requirements as regards proof of authenticity and by a document certifying the decision, which is issued at the request of the interested person by the relevant court of origin, i.e. the court that issued the decision on parental rights and obligations.
The same also applies for the costs of witnesses or of other forms of evidence.
A notarial deed is necessary for the transfer of immovable property or a right in an immovable property to one of the heirs.
The law permitting electronic publication of official gazettes was adopted in 2007.
Witnesses are heard at the proposal of a party, which must state what the witness is to testify on and give his or her personal details (Article 236 of the ZPP).
If a person other than a lawyer acts as representative, the proxy can only make submissions as to procedural exceptions and the substance of the case through a lawyer, both in the stage of inquiry and during the presentation of arguments.
Under civil law default interest may be no higher than the rate specified by law (i.e. a lower rate can be agreed) and in the absence of any contractual agreement, default interest, if the creditor demands it, is automatically set at the statutory rate.
The concept of a document’s formal probative force is not recognised in Finland.
The Constitutional Court will not refuse to accept a complaint even where this condition has not been met, provided the complainant proves that the reasons for which it has not been met are worthy of special consideration.
The prices/values of the goods seized: Base Value: This is the value of the goods or set of goods making up a lot, as determined within the scope of the procedure to which the sale relates, namely in enforcement governed in accordance with the CPC or, in insolvency procedure, governed in accordance with the Insolvency and Business Recovery Code (Código da Insolvência e da Recuperação de Empresas).
Mediation is not free of charge; payment is subject to agreement between the mediator and the parties.
Access is via online services or by selection and processing.
Final decisions handed down by the Arbitral Council and adjudications of the Supreme Council can be appealed on a point of law to the Court of Cassation.
With service at domicile, the copy of the document is delivered to a relative, in-law, servant or employee of the addressee.
It may not be given to a child under the age of 16.
Insolvency Proceedings (Companies) As soon as an insolvency proceeding is opened (the company is dissolved by court order on grounds of insolvency) no action or proceeding shall be commenced (prohibition to commence actions) against the company or its property except by the leave of the court and subject to such terms as the court may impose.
If a spouse with an obligation to pay maintenance fails to do so in breach of an agreement endorsed by the local authority social services department or a decision or judgment given by a court, the party entitled to maintenance may request a bailiff to enforce the agreement or decision/judgment, as provided in the Enforcement Act.
The Authority is a member of the European Network of Equality Bodies (Equinet), which unites over 40 member organisations from 33 European countries operating as national bodies for equal treatment in their own countries.
In relation to initiating proceedings the Central Authority will arrange for legal representation for the Applicant through the Legal Aid Board.
Lodging of an extraordinary appeal for breach of procedure in civil proceedings.
The participants take responsibility for the solution and the mediator does not have the power to make decisions.
Depending on what is on the agenda, members are invited to take part in Network meetings.
In the case of service by mail or express delivery, the procedure is completed when the postal worker/courier signs the party’s refusal to receive the correspondence (Article 165 of the Code of Civil Procedure).
Statutory interest is due on late payments.
The only exception is the Federal Constitutional Court, which has been granted organisational autonomy as an independent constitutional organ.
Anyone can have the latest translations sent to their e-mail address by signing up for the My RT service.
A claim is considered to have been duly filed if it does not give grounds for immediate rejection or correction by the court (in other words, if it appears to be a claim which can be dealt with in accordance with the rules of procedure).
All gazettes have official, authentic versions published electronically, and provide database services that can be used to locate published announcements.
The difficulty in the latter case arises from the fact that the rules on the law applicable under the legal system of the other state concerned may refer the judge to the law of Cyprus, which he must apply (renvoi).
If the person requesting legal aid is unable to pay the procedural expenses due to his or her financial situation or is able to pay them only in part or in instalments, and if there is sufficient reason to believe that the intended participation in the proceedings will be successful, the court may release him or her from the obligation to pay procedural expenses in full or in part and leave these expenses to be covered by the state.
It became a part of the Malta Financial Services Authority in 1997 following the introduction of the new Companies Act in 1995.
Without prejudice to the provisions regarding courts martial [tribunais militares], which may be created during states of war, courts with exclusive competence to rule on certain categories of crimes are prohibited.
How to search the commercial register Anyone may access the commercial register database to obtain information on entries in the register.
To receive from the Register of Enterprises a statement or other document containing the personal identification code of a debtor (natural person) or an administrator, contact the Register of Enterprises with your request for information or apply electronically via the portal Latvija.lv.
The main purpose of the process is to establish a plan on joint parental care and other agreements connected to the child, as well as with all other issues of a material and non-material nature.
The general rule is that requests should be made directly between judicial authorities with territorial competence for initiating and executing them and should return through the same channels.
The specific grounds for non-recognition are set out in the Regulation.
Any entitled heir of adult age may waive in advance their right to bring an action for reduction (Article 929 of the Civil Code).
National Law(60 Kb) FINDING COMPETENT COURTS/AUTHORITIESThe search tool below will help you to identify court(s)/authority(ies) competent for a specific European legal instrument.
A parent may lawfully remove a child to another state without the consent of the other parent where the parent removing the child has sole custody rights, always provided that this does not infringe the right of the child to contact with the other parent.
Voting (decision on the bill) For a law to be passed, at least half the members present must vote in favour of it.
How to search the DAS register The DAS register is available on line.
Yes, where the legal proceedings are brought before the family court or in the case of proceedings that concern cross-border disputes, or asylum seekers, refugees or illegally staying third-country nationals, given that the request for legal aid is granted.
However, if agreement cannot be reached, the respondent will have an opportunity to comment on the proposed arrangements and the court may exercise its powers under the Children (Northern Ireland) Order 1995 (for example to direct where the child should live).
A party may also prevent the effect of this presumption of acknowledgement by stating that they do not recognise the facts; however, this only applies to facts that do not relate to the conduct of this party or its perception.
If the collective dismissal affects workers in several establishments, the court with jurisdiction is that for the area in which the establishment with the largest number of dismissed workers is located.
Enforcement on assets that are part of matrimonial assets can also be ordered for the recovery of a debt that was incurred by only one of the spouses during marriage or prior to marriage.
Under the relevant provisions of the law, acceptance may be explicit or tacit.
The information covers facts and relationships some of which must be entered in the register by law and some of which are entered voluntarily, along with the relevant supporting documents.
Some simply provide information about rights in their area, for example, while others can offer legal assistance in an individual case.
The Archives holds appeal cases and other records of the House of Lords acting in its judicial capacity, dating from 1621 Supreme Court website.
The letter of lodgement shall indicate, for example, the capital amount of the claim, the interest accrued and the basis for the claim and for the interest.
If the civil action is granted in part, the court divides the expenses related to the proceedings of the civil action between the victim, the accused and the defendant, considering all of the circumstances.
If this time limit is exceeded, the administration ends.
Article 5 – Languages accepted for completion of the forms Forms will be accepted in English only.
This allows clients to search for companies on the BIS: for example, in groups by region, line of business (the company's main line of business according to Statistics Finland's Standard Industrial Classification), company form, register (the registers of the Tax Administration, the Trade Register and the Register of Foundations) or by registration date (to select new companies).
Online training on European patent law (European Patent Academy) The European Patent Academy has developed several online courses in English, French and German on patents and on the European patent system.
Article 2(4)(d) – Languages that may be used for the completion of the standard form set out in Annex I Under Article 2(4), the Slovak Republic will accept Czech and English, as well as Slovak, for the completion of forms.
The rulings of the Court of Audit are not subject to the judicial authority of the Council of State.
Where the persons involved in the adoption are nationals of different states, the conditions under all the laws of the corresponding states must be met and there must be no impediments under those laws in order for the adoption to be valid.
The ordinary jurisdiction consists of the civil and criminal jurisdiction.
3.5.2 Unmarried/Cohabiting couples and partnerships Civil Unions are regulated by Chapter 530 of the Laws of Malta (the Civil Union Act), which in turn makes reference to Chapter 255.
Two of the three powers are present at these levels: legislative power, exercised by the community and regional parliaments and the provincial and municipal councils; and executive power, exercised by the community and regional governments and the provincial and municipal executives.
The Federal Court of Justice is the court of appeal instance (Revisionsinstanz) against all decisions of the higher regional court and the large criminal courts (divisions) of the regional court (§ 135 paragraph 1 GVG).
The General Council of the Bar of Ireland, which is a non-statutory body, oversees the conduct of barristers.
If the parents agree, their consensual solution can be incorporated into an agreement which is approved by the social services.
A classic example is the staying of proceedings at the joint motion of the parties.
When the decision on enforcement becomes final, the court informs the payment organisation.
A recent reform (Legislative Decree No 40 of 2006) has amended the rules on contesting equitable judgments (sentenze di equità, exercising the judge’s own discretion) in disputes with a value not exceeding €1 100: such judgments are open to appeal only if there has been a breach of procedural rules, constitutional law or Community law, or of the principles governing the subject‑matter.
The litigant must be defending their own rights and interests.
Legal separation may be applied for without any waiting time after the marriage where there is evidence of a risk to life, physical integrity, freedom, moral integrity or sexual freedom and integrity of the petitioning spouse or children of both or either of the parties to the marriage.
Yes, it costs nothing to access the Swedish database of authorised interpreters and translators.
BANKRUPTCY If there is an ongoing lawsuit between the debtor and another party concerning property belonging to the bankruptcy estate, the estate may pursue the proceedings in the debtor’s place.
Council Regulation (EC) No 4/2009 and its rules on jurisdiction apply to cross-border cases relating to maintenance.
For some documents, substituted service is precluded by law or a decision of a court – after the expiration of the ten-day period, the documents are returned to the sending court without being deemed served (Section 49(5) CCP).
Authorities designated for the purpose of certifying authentic instruments (Art. 25) - In the case of maintenance arrangements of the kind referred to in Article 4(3)(b): the administrative authority with which the arrangement was concluded.
The court also appoints the estate administrator.
It is usually the case that lower courts make decisions consistent with decisions of higher courts.
The amount of the maintenance may not in any event exceed one third of the income of the spouse liable for payment (third paragraph of Article 301(3) of the Civil Code).
It may be held at a later date if there are special grounds for doing so, but in any event within no more than six weeks.
The mediation activity is conducted equally for all persons, irrespective of race, colour, nationality, ethnic origin, language, religion, gender, opinion, political membership, wealth or social origin.
Interim and precautionary measures, more generally termed ‘provisional remedies’ (asfalistiká métra), are measures ordered by a court where full proceedings on the substance of the case are pending or about to open and there is a claim that needs judicial protection in the meantime.
Once an application, court decision or request has received its unique reference number, it is then randomly allocated by the computer system to a registration official for examination.
Examination of conflicts with international agreements Under The Constitutional Court Act, a Hungarian law may be examined for compliance with an international agreement.
The vast majority of all lawyers’ fees are agreed on a contractual basis, unless the law prescribes tariff fees.
At the first on-line judicial auction, the real estate may not be sold below four fifths of its established value.
Professors and assistant professors (docenti) teaching legal subjects at a university in the Republic of Croatia may give legal advice and opinions for payment.
If you too are resident outside Bulgaria, you need to apply to the courts in Sofia.
In practice, court interpreters are at the location of the person in need of interpretation, namely at the location of the requested court, if the court requesting the examination is examining in its language, pursuant to Article 17 of the Regulation, or at the location of the requesting court if the examination is conducted by the requested court, pursuant to Articles 10 to 12 of the Regulation.
More information on these professions can be found in this document(376 Kb).
Is access to the Slovenian Business Register free of charge?
The court may re-enter a case for hearing only if the defaulting party asks it to revoke or revise its ruling and relies on new evidence that would have led the court to a different conclusion had the court been aware of it.
You should select ‘Public land records’.
2.5 Proof of foreign law The plea of foreign law is to be proved as a matter of fact and not as a point of law.
B. Consignment Consignment is ordered at the request of the party levying attachment by the district court judge hearing applications for interim relief.
Under safeguard proceedings, a court-appointed administrator supervises or assists the debtor in his business management, according to the mandate defined by the court.
These provisions do not apply to proceedings not affected by the pre-bankruptcy proceedings or to proceedings for settling claims that were incurred after the opening of the pre‑bankruptcy proceedings.
Moreover, there are particular cases when the law does not provide specifically for a certain type of time limit (hour, day etc.), but for a moment in time for the completion of the procedural act (for example, the case of objection to enforcement, which can be filed until the last enforcing act) or it lays down provisions indicating that the act should be carried out “without delay” or “as soon as possible” or “as a matter of urgency”.
An order for maintenance between spouses requires either of the spouses concerned to make to the other spouse such periodic payments or lump sum payments for his or her support and, where appropriate, to make to such person as may be specified in the order such periodic payments for the benefit or such dependent members of the family, if any.
All previous creditors are therefore concerned, whether or not they are secured.
In cases where an amicable resolution cannot be reached, the Data Protection Commissioner will make a full investigation of all the facts before making a formal decision.
Without prejudice to its own jurisdiction, the Court of Audit lies within the sphere of legislative power and comes directly under the Cortes Generales.
Latvia has established a Maintenance Guarantee Fund (Uzturlīdzekļu garantiju fonds) designed to provide maintenance for minor children from the central government budget.
However, if the enforceable instrument is not a judgment, i.e. if it does not result from a court decision or from a decision issued by the Registrar attached to the Court (such as in the case of authenticated public documents with notarial intervention that are enforceable), there are special rules for assigning jurisdiction to a Court, depending on various links to the case.
The Prosecutor‑General acts as counsel for the prosecution in all cases of serious crimes against the state that significantly compromise the internal or external security of the Federal Republic of Germany (i.e. politically motivated offences, particularly acts of terrorism, treason or espionage).
The administrator takes over the possession of the estate and administers it insofar as this is necessary to perform the testamentary dispositions.
2 List of the various days envisaged as non-working days pursuant to the Regulation (EEC, Euratom) n° 1182/71 of 3 June 1971.
Special prosecutors, like the parliamentary ombudsman and the chancellor of justice, are competent to bring charges only in certain, clearly defined, special cases.
Between Denmark and the other Member States the Convention on the Taking of Evidence Abroad in Civil or Commercial Matters of 1970 applies.
A spouse is not obliged to support the other spouse if so doing would jeopardise his or her own ability to support him/herself or any minors whom he or she is obliged to support by law.
The estate is liable for the following charges: the testator’s funeral and related expenses; charges for executorship and the administration and winding-up of the estate; payment of the deceased's debts; satisfaction of legacies.
These courts deal with disputes in administrative and tax-related matters (direct taxes).
The court declines to admit evidence if this evidence is not relevant to the case, is not sufficiently specified (too vague), is out of time (too late) or is frivolous.
Although the translations do not have legal force they are kept updated, and the translations of amendments are generally added to the consolidated texts before the amendments enter into force.
The prosecutor presents evidence to the court on behalf of the Crown.
If the court acknowledges a fact to be common knowledge, it need not be proved.
For the settlement of the claim, the judge summons the parties, in accordance with the provisions on urgent matters, in order to provide explanations and clarifications and to insist on the debtor’s execution of the payment due or to have the parties reach an agreement on the methods of payment.
A win-win situation for every party taking part in mediation The mediator is an impartial and trained helper that can assist you to try to work things out yourselves.
The basis of court procedure are hearings before courts of first instance.
While the judicial systems of the Member States differ significantly in detail, there is a set of common principles which apply to all of them, as well as to the EU as such.
Where a natural person is performing a legal transaction within the framework of their business, it shall be sufficient that they have capacity to perform that transaction under the law of the country in which the business is based.
This page discusses the courts in the England and Wales jurisdiction.
In the absence of testamentary heirs, under common civil law, the law distributes the inheritance in this order: children, parents (in both cases with the spouse holding a right of usufruct over one-third in proportion to one-third or one-half of the inheritance under usufruct respectively), widow or widower; relatives of the deceased person, and the State.
In the case of filiation, the Code specifies that the applicable law is the law of the nationality that the person whose paternity or maternity is at issue holds at the time of the child’s birth (Article 62).
The district court may decide that no enforcement action should be taken for the time being (this is called inhibition) or, if it finds specific grounds for this, that an action already taken should be revoked.
In the case of the basic job‑seekers’ benefit (Grundsicherung für Arbeitssuchende), the transfer takes place only upon written notice from the payment provider to the party liable for maintenance.
As mentioned above, in the procedure for adopting precautionary measures, lodging an appeal has no suspensory effect: the judge will continue granting any orders considered necessary for the precautionary measure to be adopted.
As indicated under point 1., if the trip abroad is not for the long-term, the parent may remove the child to another state even without the consent of the other parent.
Within 3 working days, the bailiff sends a notice of attachment to the Central Register of notices of attachment, delegation, assignment, collective debt settlement and protest (Centraal Bestand van berichten van beslag, delegatie, overdracht en collectieve schuldenregeling en van protest) (Article 1390, §1, Judicial Code).
1.4 Rejection of application On an application for undisputed enforcement of obligations, a judge, sitting alone, takes a decision within seven days of the day the application is submitted, on the basis of the application and the documents attached to it, without giving prior notice to the applicant and the debtor.
1.2 Application of procedure The specific rules for small claims under Austrian procedural law are mandatory and the parties cannot opt out of them.
C. Placing under administration If the claim in the principal action has not yet been brought before the court, it must be lodged within a time limit to be determined by the court.
Sources of law The law in France is essentially made up of written rules called sources of law.
In principle, the court designated by the parties as having jurisdiction is bound to accept a case brought before it.
Administrative justice The review of the legality of decisions taken and procedures followed by public authorities is governed by the provisions of the fifth part of Code of Civil Procedure (Act No 99/1963, as amended).
It provides a free service and looks into complaints where someone believes there has been injustice or hardship because an organisation has not acted properly or fairly or has given a poor service and not put things right.
If the error cannot be corrected, the Clerk to the Court will inform the Judge, who will decide whether or not to allow the claim to proceed.
In the case of real estate sales by direct dealing, real estate is sold through a person authorised for real estate sales, an enforcement administrator, a notary public or in another manner.
199(1) CCP (1) A statement of claim lodged in person or by a proxy, by post, courier, fax or scanned and sent by email or as an electronic document is registered and stamped with the date of receipt.
2.2.1 The basic rule of territorial jurisdiction Adversarial cases According to the provisions of the CCAP, the ordinary court of the defendant will always have territorial jurisdiction, unless otherwise provided (Section 13 CCAP).
If the testator has appointed an executor, he or she is then responsible for partitioning the estate.
Enforcement proceedings may be instituted ex officio, when specifically prescribed by law.
The senates of the federal high court are composed of five professional judges.
6 Short description of the procedure to settle a succession under national law, including the winding-up of the estate and sharing out of the assets (this includes information whether the succession procedure is initiated by a court or other competent authority on its own motion) There is no single procedure defined by law.
6 Short description of the procedure to settle a succession under national law, including the winding-up of the estate and sharing out of the assets (this includes information whether the succession procedure is initiated by a court or other competent authority on its own motion) Probate proceedings are non-contentious proceedings to establish who the testator's heirs are, what constitutes the testator's estate and what other rights in respect of the estate belong to the heirs, legatees and other persons.
There are no other specialised courts.
This fifth volume goes together with Title VI of the Code, which deals with legal conciliation, and Title VI bis, which deals with court mediation.
Other measures regulated by the OZ are securing by preliminary enforcement, securing by preliminary measures and interim measures.
Sections may be established within the district courts and administrative and labour courts for handling specific types of cases.
The creditors’ committee exercises the powers of creditor bodies, except in matters that are within the remit of the creditors’ meeting or have been reserved by the creditors’ meeting for its own competence.
The lien for forced collection, which is granted to the creditor on the basis of an enforcement on movable goods of the debtor, expires after two years if the sales procedure has not been duly continued.
Jurisdiction of the courts is determined by the rules of territorial, subject-matter and functional jurisdiction.
Where the action complained of does not constitute an offence, the Commissioner shall call upon the person against whom the complaint is directed to redress the situation and mediate between the complainant and such person to settle the matter.
Pursuant to Article 32(1) and (2) of the Commercial Registry Code: Only acts established in documents that legally substantiate them can be registered; Documents written in a foreign language can only be accepted when translated, unless they refer to facts that are subject to registration by transcription, are written in English, French or Spanish, and the competent official is fluent in that language.
In the case of inspection procedures, the principle of adversarial proceedings is always observed.
This enables those concerned to be heard, except in cases provided for by law, i.e. cases in which the investigation of criminal proceedings and the taking of evidence may be objectively hampered.
Government decisions determine how laws are to be effectively implemented and other various organisational aspects of their implementation.
legislative acts issued by the central government administration (orders and instructions) are issued only on the basis of and in order to implement laws, Government decisions and Government orders.
acts of autonomous administrative authorities legislative acts issued by local government administration (County Councils, Local Councils, Bucharest General Council) regulate areas that fall within the competence of local government authorities.
FAMILY MEDIATION IN PORTUGAL Principle of voluntary participation and approval of the agreement In Portugal mediation is voluntary.
At national and regional levels, these guidelines could be used as a starting point for developing policies and practices taking account of local circumstances, constraints and resources.
If the certificate relates to an authentic instrument, this application must be made to the notary who issued the certificate.
A substantive infringement of the rules of enforcement procedures shall be understood to mean an infringement that had a substantive effect on the outcome of the enforcement procedure (Section 217(1) of the Judicial Enforcement Act).
In such cases, Estonian law is to be applied (Section 7 of the PILA).
Article 25 1 (b) Means of communication The action is brought by lodging a written application to the registry of the district civil court in person.
Introduction Apart from lawyers, European Union law does not regulate the conditions for exercising as a legal professional.
Legal professions are generally regulated at national level.
All other legal and court-appointed time limits may be extended by the court at the request of the concerned party, submitted prior to the expiry of the time limit if there are good reasons (Article 63 CPC).
If analysis of the facts presented in the complaint results in litigation, and after all necessary steps have been taken to resolve the situation, the ASAE informs the complainant in writing (if he or she has been duly identified) of the procedures or measures that have been or will be taken following the complaint.
The law does not preclude the defendant from bringing a claim against the plaintiff for compensation of the damages that the interim measures have caused to the former, if the claim subject to the granted interim measures is revoked or not submitted within the prescribed time limit, as well as if the case is terminated (Article 403 of the CPC).
The main duty of the administrator is to ensure that the liabilities of the estate are cleared.
Since the debtor becomes aware of the authorization of the measure at the same time as the measure itself, challenging the ruling is subject to the same rules as challenging the measure, being admissible only as long as the measure has not been put into effect.
Where the parents' marriage terminated or was dissolved before the birth of the child, the law that at the date of termination or dissolution governed its effects shall apply.
The creditor has the right to reply to the objection within 8 days.
The register contains no data on artisans or associations.
Whether or not a fundamental right has been violated is determined on the basis of national substantive law.
If the marriage took place abroad and the foreign marriage certificate was not filed in a Dutch register, the Dutch divorce order is to be entered in the special register of births, marriages and deaths of the municipality of The Hague.
The Bulgarian courts have jurisdiction in cases concerning personal and property relations between parents and children if the respondent is habitually resident in Bulgaria, if the petitioner or applicant is a Bulgarian national or if the child or parent who is a party is a Bulgarian national or habitually resident in Bulgaria.
The most common areas for mediation are family law, inheritance law and commercial law.
The website of the Ministry of Justice provides access to: A list of mediators Private organisations which train mediators In what area is recourse to mediation admissible and/or the most common?
This non-compulsory form aims at facilitating the recovery of maintenance arrears and is available in 23 languages.
A person may not be appointed as an administrator if they have a conflict of interest.
Summaries of legislation and further information In addition to EUR-Lex, which provides full texts of all EU law documents, the website “Summaries of EU legislation” presents the main aspects of EU legislation in a concise and easy-to-read manner.
The current Commissioner is Alex Brown and his role is to safeguard and promote the interests of older people in Northern Ireland.
At the end of the hearing, the debates are concluded and the court will consider the matter.
The collection of the costs of a criminal procedure, the confiscation of property and other penalties which are of a pecuniary nature are the task of county court bailiffs.
You also need to apply to the court that has jurisdiction for the property if your case is about a deed confirming real rights in that property or about severing, dissolving or voiding a real property deed.
The supremacy of EU law is not specifically established in the Constitution, but is considered superior to national law.
When a Portuguese court is the requesting party of a request pursuant to Article 17 of Regulation (EC) No 1206/2001 of 28 May 2001, it summons the person to be heard to appear in the named court in the other (requested) Member State by post, using one of the methods mentioned in response to question 8, depending on the case.
This organisational structure is based on the nature of the dispute.
Statutory interest Yes, Portuguese legislation provides for statutory interest rates.
1.4 Rejection of application If the court finds that the claim is insufficiently substantiated, it will so inform the claimant via the clerk of the court, asking the claimant to produce additional evidence.
See ‘Competent courts - Greece’ 5 Which particular court should I go to in this Member State, given the nature of my case and the amount at stake?
A Court Registrar’s main function is to assist the judge during the course of a court sitting and ensures that the administration necessary for the smooth running of the courts is managed efficiently.
Formats Case law is available in HTML format.
Property may also be protected against attachment under specific regulations.
This could be the case with, for example, compensation.
The Ombudsman’s Office receives individual complaints of persons with disabilities and those working in their interest, considers complaints about the violation of the rights of persons with disabilities, and in contact with the institutions responsible for resolving these issues tries to obtain the most favourable solution.
If you are looking for an interpreter, you can search by language, special area of expertise, county (län) or surname.
Claims that do not meet even these criteria for inclusion in the list, having been communicated after the deadline, lose all possibility of being paid in the insolvency proceedings.
Interest in commercial transactions, on the other hand, is governed by the Act of 8 March 2013 on payment terms in commercial transactions (Journal of Laws of 2013, item 403, as amended), and the level of interest is always set in a notice issued by the Minister of Development.
Therefore, given the relatively long deadlines for the settlement of consumer disputes and certain short limitation periods for claims, there is a serious risk of exceeding the limitation period.
The question has been addressed mainly in case‑law, and there seems to be a division between proceedings on matters that the parties would be free to settle out of court (dispositiva mål) and proceedings on matters that can be determined only by a court (indispositiva mål).
The estate is managed by one or more bankruptcy administrators (konkursförvaltare).
The legal system in Slovenia does not recognise judicial precedence, which means that lower-instance courts (nižja sodišča) are not formally bound by the decisions of higher-instance courts (višja sodišča).
In administrative justice, courts carry out reviews based on complaints or appeals relating to the legality of decisions made or procedures followed by public authorities.
The applicant has to prove that the marriage has broken down irretrievably and has to provide evidence of one of the five facts listed below.
Court reports are also published on the website of the Courts Office.
The time limit for bringing court action varies depending on the case.
By way of exception, in non-contentious proceedings, a decision fee (Entscheidungsgebühr) rather than a claim fee (Klagegebühr) is sometimes payable.
The executive power has the right to enact regulations, such as decrees, ordinances, resolutions, rules, regulations, instructions and orders.
You can also find legislation and other legal documents in the Register of legal acts of Lithuania (Lietuvos teisės aktų registras).
Please see the answer to question 2.2 below.
Business register (cégnyilvántartás) Information on the initiation and termination of insolvency proceedings – namely on liquidation or bankruptcy, but also on the liquidator – is contained in the Business Register (Cégnyilvántartás).
See also “Legal aid – Czech Republic”.
A foster parent receives foster care benefits from the state (for example a contribution towards the payment of the child’s needs, a contribution at the end of the foster care, foster parent remuneration etc.)
In accordance with the Justice (Northern Ireland) Act 2002, the functions of the Director shall be exercised independently of any other person.
Country: Bulgaria Instrument: Recognising and enforcing judgements in civil and commercial matters - European enforcement order 1.
It can be performed through eviction, removing items, splitting common items, the completion of work and other performances.
The judge determines the number of persons who may be present in the rooms.
Initial and further professional training for judges and prosecutors is provided by the National Institute of Magistracy, which is a public body with legal personality under the coordination of the Superior Council of Magistracy.
See point (b) 5.4 to receive a declaration of waiver and acceptance of a reserved share?
Movable property Movable property is sold by oral judicial auction or by direct dealing.
Not applicable Are the official announcements freely available as open data?
History of the Swedish land register The establishment of the electronic register started in 1970.
Legal databases Comprehensive information on the legal profession can be found on the website of the Federal Chamber of Lawyers (Bundesrechtsanwaltskammer, BRAK).
Jurisdiction based on the case matter and the person's status Alphabetical index: Procedural criminal law.
It may launch an enquiry, collect evidence or seek the opinions of third parties.
An application is submitted in the municipal or town office having jurisdiction over the place of residence of the person entitled to maintenance.
This is composed of one professional judge and two lay assessors.
Videoconferencing may also be used in the taking of evidence under Article 17 of the Regulation; the central body or the competent authority are required to encourage the use of communications technology, such as videoconferences and teleconferences.
In some neighbourhood disputes an attempt to settle the matter out of court must be made first before the case can be brought to court.
The financial situation of a victim or the beneficiaries will be considered to be precarious if, on the date on which aid is applied for, neither the victims nor the beneficiaries are receiving annualised incomes of any kind greater than the annualised Public Multiple Purpose Index (IPREM) in force at the time of the application.
Applicable income threshold in the area of criminal justice for victims If certain conditions are met, every victim – irrespective of his or her income – is entitled to a counsel pursuant to the Act concerning Counsel for the aggrieved person.
Representation by a lawyer in these proceedings is not required.
The creditors’ meeting is responsible for electing and removing members and alternate members of the creditors’ committee (or a creditors’ representative).
The applicant must demonstrate that the details required by law are all accurate or provide a statutory declaration to show that there are no grounds to doubt the accuracy of the details.
One of the judges must have an adequate knowledge of German.
Types of auctions to which rules may not fully apply Slovenian law does not recognise any other types of auctions.
Other specialised authorities The primary body to which natural persons may turn in the event of a violation of fundamental human rights is the Public Defender of Rights.
3.3 The personal status, its aspects relating to the civil status (name, domicile, capacity) An individual's name is governed by his/her national law.
The website is available in English, French and Spanish.
What documents and information are recorded in the Greek business register?
An application for a declaration of enforceability shall be submitted to the court appearing in Court for recognition/enforceability application.
Within these areas, the manual focuses on topics such as child protection, crime prevention, law enforcement, trial procedures, and sentencing and rehabilitation.
1 What are the different types of measures?
A brochure on judicial mediation is also available.
The amounts of the fees are laid down in Article 8 of the Rules.
The application is lodged with the secretariat of the court; the secretary will set a date for the hearing and enter that date on the copies of the application.
The debtor is only obliged to submit a more recent list of assets if the creditor proves that the debtor has acquired assets or if more than one year has passed since submission of the list of assets.
Provided proof is presented to confirm that a legal interest exists a request may be made to the police administration for information on the place of permanent or temporary residence of a person upon whom documents are to be served in civil proceedings.
3.6 Matrimonial property regimes The partners may choose for themselves the law to govern their matrimonial property regime.
This time‑limit cannot be less than 20 days starting from the day of posting of the decision.
Country: Cyprus Instrument: Mediation Article 10 - Information on competent courts or authorities Article 10 - Information on competent courts or authorities The Republic of Cyprus has designated the district courts as the courts competent to receive requests in accordance with Article 6(1) and (2).
There is an option of a provisional order, which takes the form of an urgent procedure.
The Controller-General is free to choose the establishments to be visited, and those visits may be either planned (in this case, the head of the establishment is notified of the visit a few days in advance) or unannounced.
The application for marriage annulment is personal in character, with no effect passed down to the heirs.
For further information it is necessary to contact the office by phone or e-mail until the web store opens next year.
In criminal proceedings, interpretation and translation costs for defendants or interested parties, provided that they are necessary for the defence or for the exercise of procedural rights, are normally paid from the public purse.
In calculating the amount of statutory interest, eight per cent is added to this rate in accordance with Section 113(1) of the Act.
Special reports – if the Ombudsman institution finds shortcomings in the legislation or serious cases of corruption or non-compliance with the national laws during the investigations conducted, it submits a report containing the findings to the Presidents of the two Chambers of Parliament or, where appropriate, to the Prime Minister.
The approximation of legislation performed by this directive allows the effectiveness of these injunctions to be increased and the EU’s internal market to function more smoothly.
In certain cases, the Chairperson of the Council may impose a financial penalty on the media service provider.
In this case, the amounts reserved for satisfaction of this claim during the previous distributions are included in the estate from which the final distribution is to be made.
2.5 Proof of foreign law If the court finds that a foreign law is applicable, and the court is not acquainted with the substantive provisions of the foreign system of law, there are two courses open to it.
If you are in dispute with a company, a professional person, an employer or other person in the country of your residence and you do not have sufficient financial resources to meet a court case, you can apply for legal aid under existing national regulations.
For the Federal Finance Court, the principle of equal treatment generally applies; i.e. the Federal Finance Court must take into consideration the right of the press to equal treatment of the media.
The register provides information filed by companies, limited liability partnerships, limited partnerships, overseas companies, EEIGs (European Economic interest groupings), cross-border mergers and SEs (Societas Europaea, European Company).
The assembly of creditors has the right to ask the liquidator to submit notifications and reports on the state of affairs and business operations.
The Commissioner prepares and publishes a report of the findings in any formal investigation and include in it such recommendations as appear to be necessary or expedient.
In financial courts of first instance, cases can also be referred to an individual judge.
The Regulation does not apply in Denmark and the UK.
There are some limitations to the authority of the estate administrator, e.g. when selling immovable property the estate administrator must have the written consent of all the joint owners or, if this cannot be obtained, the permission of a competent district court.
It guarantees that the parties will not lose their possibility to go to court as a result of the time spent in mediation: the time limits for bringing an action before the court are suspended during mediation.
However, even then a refusal to submit the document is unacceptable if its holder or the third party are required to do so in reference to at least one of the parties or if the document is issued in the interest of the party that requests the taking of evidence.
Depending on the kind of family relationship, Polish law distinguishes the following kinds of maintenance obligations: 1. a maintenance obligation between relatives (child maintenance is a specific form of this obligation): In the case of relatives, only persons in financial difficulties are entitled to maintenance.
If the provisional order was served personally on the debtor, the enforceable order has the effect of an order in proceedings in which both sides are heard, and can be appealed up to 15 days after it is served.
Information on mediation is available on the website of the Ministry of Justice and of the National Institute for Health and Welfare.
Regional courts act as courts of first instance in administrative cases, except where otherwise stipulated by law.
If the offender is found guilty the judge specifies the penalty to be imposed.
Yes, at the constitutional tribunal Yes, where the case was brought in the Supreme Administrative Court Decision will be made depending on contents of the judgement.
At national level, the Servicio Interconfederal de Mediación y Arbitraje, SIMA, (interconfederal mediation and arbitration service) offers a free mediation service for disputes which fall outside the remit of the bodies of the Autonomous Communities.
There are also special provisions in the Sales Act, and special rules governing matters such as contracts of employment and financial instruments.
The Law Lords within the House of Lords have acted as the Supreme Court of the United Kingdom but were replaced by the new Supreme Court, which came into being on 1st October 2009.
The public prosecutor issues a formal charge (recommending a penalty), which sets in motion the procedure for an action to be brought before the relevant court.
Criminal proceedings in Luxembourg consist of two stages: investigation and trial.
The services available on the internet are: Documents and Applications are accessible for the Companies Section.
EuroPris has an observer status at the Council for Penological Cooperation of the Council of Europe.
In the case of a pre-enforcements hearing in a juvenile court, the maintenance debtor is notified before being ordered to pledge income but is unable to oppose.
The use of electronic signatures has been included in the system.
The agreement reached and authorised in this way has the effects and takes the place of judicial separation or divorce provisions and changes the conditions set out therein.
This takes the form of a financial payment, taking responsibility for a loan or even the occupation of the marital home.
According to Article 590 of the New Code of Civil Procedure (Nouveau code de procedure civile), a debtor may block a provisional enforcement if it has been ordered in a case other than those provided for by law.
Yes, there is no free online business register in Latvia.
The relevant provisions of the Code of Civil Procedure are Article 737 et seq.
Yes, the crime must have been reported to the police.
It lists documents and leaflets that have been translated into Arabic, Cantonese, Gaelic, Mandarin, Polish, Punjabi, Russian and Urdu.
The method and the manner of viewing and any presence of an enforcement agent is determined by the court in the order for the sale of the immovable property (Article 176 of ZIZ).
Which losses and expenses are covered by the compensation?
Legal framework Insolvency proceedings in the Czech Republic are primarily regulated by Act No 182/2006 on insolvency and insolvency procedures (Zákon č.
The court will refuse to approve the final report and, by means of a ruling, will return it to the trustee for the bankruptcy proceedings to continue if the final report reveals that the rights of the debtor or the creditors have been breached in the bankruptcy proceedings.
Lay judges participate, with some important exceptions, in all criminal cases heard by the first and second instance courts.
Once the European Enforcement Order has been issued by the court, it must be sent to the enforcement authority of the Member State where the debtor lives or where his/her assets are.
For instance, choice of court is not possible for claims up to EUR 25 000 (irrespective of the nature of the claim).
The petition must be signed and dated.
The court can send confirmation of receipt upon request.
This means, for example, that an appeal is considered to have been filed on time if it was posted by the last day of the procedural time limit for appeal (date of postmark), even if the court receives it well after the deadline.
As the injured party you have certain legal rights before, during and after court proceedings.
If the applicant is the person who was cohabiting with the deceased under the terms laid down in the applicable law, they must submit a certificate of cohabitation at the same address.
If the secured debtor is not entered in the land register as the owner of the real estate, the secured creditor shall, together with the motion, submit a document suitable for the entry of the secured debtor’s right of ownership.
For violations that are not personally proven, the labour inspector draws up an incident report supported by the evidence available and names at least two witnesses.
Where a time limit is expressed in months and in days, the months are counted first, then the days.
The directive repeals Directive 90/314/EEC with effect from 1 July 2018.
The above shall not apply in respect of any close-out netting agreement entered into at a time at which the other party knew or ought to have known that an application for the dissolution and winding up of the company by reason of insolvency was pending, or that the company has taken formal steps under any applicable law to bring about its dissolution and winding up by reason of insolvency.
Stage of the civil proceeding where fixed costs must be paid For civil proceedings at first instance a flat‑rate fee must be paid when lodging the originating application.
Maintenance is payable for no more than three years after the termination of the marriage, unless the parties have agreed a longer period.
If the defendant, in addition to filing an application for setting aside a first-instance court judgement, has also appealed the judgement, and the application for setting aside the judgement has been granted by an enforceable ruling, the appeal shall be disregarded (see Section 153b (5) of the Code of Civil Procedure).
Claims arising after the opening of proceedings, in the period of observation or in the course of judicial reorganisation proceedings, will be paid in accordance with the documents substantiating them and do not have to be included in the insolvency estate.
The prosecutor heads the preliminary investigation for crimes that are not regarded as minor, in which a particular person can reasonably be suspected of the crime.
For contractual proprietary relationships between people living in an unmarried/cohabiting partnership, the governing law is the law applicable to their proprietary relationship at the time of concluding the contract.
The judge can, either ex officio or at the request of a party, put all the questions to the witness so that the evidence can be clarified or supplemented (Section 938 of the Judicial Code).
The list of witnesses may also be added or amended up to 20 days before the date on which the final hearing is held and the other party is notified to make use of this possibility, if they so wish, within five days.
Article 4 – In legal relations with cross-border implications, where Romanian law is applicable and payment is to be made in foreign currency, the statutory interest shall be 6 % per year.
Yes, to the maximum allowable amount of financial assistance.
4 In the absence of a disposition of property upon death, who inherits and how much?
Institutional framework Institutions responsible for the adoption of norms Laws/acts are adopted by the lower chamber of the Slovenian bicameral parliament, the National Assembly (Državni zbor).
The official gazette publishes official announcements submitted by authorities and institutions or by individuals (entries in public registers, notices, announcements or information from public entities and their officials and from individuals) where the official publication of such announcements is provided for in legislation.
The procedure for challenging an electronic document, and in particular the electronic signature that is a mandatory feature of an electronic document, is laid down in the Electronic Document and Electronic Signature Act.
A central timestamp service is available for entries in the Land Register only, confirming receipt of a valid submission.
According to the Fundamental Law cardinal Acts apply for example to citizenship, the churches, the rights of the national minorities living in Hungary, the legal status and remuneration of Members of the National Assembly and of the President of the Republic, the Constitutional Court, the local governments, the detailed rules for the use of the coat of arms and the flag, and the provisions on state decorations.
Latvia(145 Kb):The Court Administration organises court staff training, which it delivers in collaboration with the Latvian Judicial Training Centre.
If the amount of the claim is more than €6 000, the court will allow the creditor a period of one month in which to submit a claim under the ordinary procedure.
What does the Slovak Land Register offer?
Persons who are authorised by law to propose entries in the register (personally or through an authorised representative).
The time limit for submitting an appeal is 30 days from communication of the decision.
Payments from the Fund cease when the child reaches eighteen.
The Saeima (Latvian Parliament), Cabinet and President may instruct a Public Prosecutor’s Office to verify facts relating to infringements and receive explanations from the Prosecutor-General’s Office.
Any unjustified failure by a party to attend the proceedings or to testify in court must be judged by the court with due regard for all the circumstances.
Where the content of the foreign law cannot be determined in a particular case, Slovenian law applies.
Following payment, the information can be obtained by entering a certificate code.
Judges Judges in Bulgaria are appointed, promoted and demoted, transferred and removed from office by decision of the Supreme Judicial Council.
Under Article 51(2) of Law No 26/1990 on the Trade Register, republished, as amended, 'records in the Trade Register are entered electronically, both at the Trade Register offices attached to tribunals and in the central computerised register'.
The Maltese court jurisdiction is determined by Regulation (EC) 2201/2003 concerning jurisdiction and the recognition and enforcement of judgements in matrimonial matters and the matters of parental responsibility (Brussels II bis).
With effect from the declaration of insolvency the debtor is automatically deprived of the right to manage, i.e. to administer and dispose of, his assets.
The applicant must tell the respondent about the application giving him/her the opportunity to oppose the recognition of the decision by sending the papers, unless the court decides that the respondent has accepted the judgment unequivocally.
Related links: Federal Public Service for Justice portal Contact details for prisons Complaints Commission (with responsibility for foreign nationals held in detention centres, accommodation facilities or holding centres).
The court is not bound by its decision on evidence.
The Court of Cassation is divided into divisions (chambres): three civil divisions, one commercial division, one social division and one criminal division, each composed of a president and other professional judges.
The law stipulates that spouses that are party to a legal separation do not inherit each other’s property in the event of death.
If the debtor is declared bankrupt, the debt restructuring application lapses.
Succession certificates are issued only in relation to persons who were subject to registration in the population registry on the date of their death and for whom a death certificate was drawn up.
According to Section 563 of the Code, on petition by one parent, the court may summon both parents to court in order to settle such a dispute by way of an agreement.
In proceedings for legal separation and divorce brought jointly by the spouses, the court judgment or decision that gives effect to the legal separation or divorce and approves in its entirety the proposal for a Settlement Agreement presented to the judge for his approval, is not open to appeal, except by the Prosecution Service, if it is involved, which may lodge an appeal in the interests of any minor or incapacitated children.
If the bailiff locates the party (wherever that might be) and the party refuses to accept the copy of the document, the bailiff notes the refusal on the original (the copy is then attached to the original) and service is deemed to have been effected in person.
(3) The presiding judge or the single judge shall inform the other parties of the court fee exemption at the next hearing.
No, consultation of the register of insolvencies is free.
The creditors express their vote in writing on the prescribed voting form.
Where a will contradicts the above, the relevant part of the will shall be void, unless the specified descendants have been disinherited”.
4 In the absence of a disposition of property upon death, who inherits and how much?
However, heirs are entitled to waive their inheritance (see below).
The same principles apply to electronic procedures as to claims filed by conventional, non-electronic means.
In such cases a ‘.letter’ combination representing the branch is to be added at the end of EON, based on the following classification: Celje: .C Ljubljana: .L Nova Gorica: .G Maribor: .M D: Some penal (criminal law) documents in the SOVS database of the Supreme Court use two RONs in the field ‘Odločba’.
In the event of substituted service by deposit of the documents, a note must be made on the record to indicate how this deposit has been communicated in writing.
They are obliged only to maintain a proper level of diligence and take all necessary measures to deal with the case properly.
The testator may impose the execution of the legacy as an obligation for the heir or another legatee.
How can a parent get an abducted child back?
5.2.2.1 – Fundamental rights – Equality (14.2) – Criteria for differentiation (14.1) – Sex.
The Regulation does not govern whether the documents are recognised by the country they are being presented in as this is currently governed by national law.
Where the spouse able to file for divorce is prohibited from doing so, the action may be brought by their legal representative, authorised by the family council; where the legal representative is the other spouse, the action may be brought, on behalf of the holder of the right to act, by any of their relatives in the direct line or up to the 3rd degree of the collateral line, provided this is also authorised by the family council.
Pursuant to the Decree No 96-1080 of 12 December 1996, the remuneration of bailiffs includes a lump sum, expressed cumulatively or alternatively, according to the case in question, in fixed or proportional rights, including the right to prosecution, where appropriate.
If the application is linked to a child maintenance claim, the claimant may also lodge the application with the court of the area in which he or she is habitually resident.
Mediation is an activity of public interest.
In the court of first instance, administrative proceedings are heard by a single judge or a panel of judges, whereas in a court of appeal—full appeal or appeal on a point of law—they are heard by a panel.
Related links Finding the competent court
This value is usually updated every year and it is therefore necessary to consult the updated national legislation.
Jurisdiction in the event of a change in the defendant's status.
Case type: Judgment Case number: 55 Case date: 1/7/2004 Related area: Criminal and civil procedure (appeals, jurisdiction, etc.)
In the case of insurance agreements that are subject to the Rome I Regulation, the Act utilises the option Member States have under Article 7(3) of that Regulation allowing the parties to select any applicable law to the extent allowed by the Regulation.
The general rule regarding territorial jurisdiction stipulates that in an action filed against a natural or legal person, the action must be filed with the court covering the area in which the defendant has permanent residence or in which the legal person has its registered office.
Fixed costs Fixed costs in civil proceedings Fixed costs for litigants in civil proceedings Usually, the court receives a court fee, calculated according to the value of the claim.
The Lithuanian authorities declare that applications for relief from the effects of the expiry of the time for appeal against a judgment, as referred to in Article 19(4) of the Regulation, will not be heard if they are filed more than one year after the date of the judgment.
The president of the court may shorten that period in urgent cases.
Only descendants of the children of the deceased and descendants of the siblings of the deceased may take part in the inheritance by right of representation.
Witnesses living outside Malta may be heard in video conference.
Yes subsequent proceedings before: other national courts (Constitutional Court, etc.)?
the Court of Justice of the European Union?
the European Court of Human Rights?
Despite this, where the parents of a child are not married to one another either at the child's date of birth or at the time of conception, the child is not regarded as legitimate.
Other persons may also be defined by law.
The cost of the submission and registration of documents relating to voluntary winding-up proceedings with the official receiver amounts to a total of approximately EUR 440.
dc) The surviving spouse’s life estate on lineal property (Section 7:69 of the Civil Code) The heirs specified in point db) (lineal heirs) inherit the ownership title to lineal property.
The administrator’s fees are claimed against the insolvency estate and are set by the judge in accordance with a legally approved fee scale; at the moment, the fee scale approved by Royal Decree 1860/2004 of 6 September 2004 is still valid.
Related links Mediation in Slovenia, Mediation in Slovenia
The information is limited to data regarding the stage of the proceedings and single judges, presidents of the chamber, council members and legal secretaries which are hearing the case.
1.9 Possibility to appeal The ordinary rules apply in order for payment cases.
You can view the consolidated versions that are/were in force on any particular date.
Attorneys’ fees are only regulated if they act as public defenders (kirendelt védő) in court proceedings.
The court is assumed to have knowledge of the law in force in Romania.
A witness may also be questioned by videoconference in court, depending on the witness’s whereabouts, or at a place specially equipped for such a purpose.
The ordinary courts are municipal courts and county courts.
Discrepencies between entry as submitted and as published If there is a discrepancy between the entry in the register and the information published, the entry in the register takes precedence, and then the information published, and finally the content of the supporting documents.
The President of the Supreme Court may authorise only one or only a few of the municipal courts in the territory of one or more county courts to perform service tasks.
Circumstances of a case which are required by law to be proved by particular means of evidence cannot be proved by any other means of evidence (Article 177(4) of the Code of Civil Procedure).
It also acts as an advisory body on legislative and regulatory issues.
If obligations arising from a leasing contract are to be restructured, the lessor who is a creditor may extraordinarily cancel the contract within one week of the restructuring plan being approved.
This compensation is granted as a single payment on the basis of actuarial calculations starting from the lowest family pension under the Pension Insurance Act (Zakon o mirovinskom osiguranju) calculated according to a 5-year occupational record and the expected period of maintenance of the indirect victim.
The other person may be any adult belonging to the addressee's family or living at the address or a worker, employee or employer at the address.
The first pre-condition for this type of attachment is urgency: the debtor's solvency must be in danger, with the result that the subsequent sale of the assets is jeopardised.
The lawyers are responsible for the drawing up of the garnishing order, while the bailiffs are responsible for the service of that document.
The court-appointed administrator must take, or have the debtor take, the necessary measures to preserve the rights of the business against its debtors and the necessary measures to maintain its production capacity.
When appointing an estate administrator, the court will issue him or her with an instrument of appointment, specifying the estate to which the appointment relates.
If the spouses have a minor child in common, they are obliged to attach a report on mandatory counselling from Article 324 ObZ 2015 to their divorce action, as well as proof of participation in the first family mediation meeting (Article 379 ObZ 2015).
2 Up to what age can a child benefit from a maintenance allowance?
1.3 Forms Forms, other claims or declarations are submitted in written form, by fax or email and are only used for European small claims procedures under Regulation No 861/2007 There are no other set forms to initiate an action in small claims procedures.
Our powers and duties derive from a number of statutes which have been enacted over the last decades, providing protection against discrimination on the grounds of age, disability, race, religion and political opinion, sex and sexual orientation.
All judgments handed down by the District Courts, in both criminal and civil cases, are open to appeal before the Supreme Court without restriction.
Different time limits apply to different kinds of actions.
The same applies if the bailiff refuses to execute an order.
If it appears that there is a register entry containing manifest errors or non-compliance with the order of the court, the court shall automatically correct the entry.
A notarial will is always kept in safe custody.
Data that have been deleted can also be obtained on request (provided they are available electronically).
The court schedules the case at an open hearing, to which it summons the parties.
Basically everybody is under the duty to give evidence, except for those who are entitled to the exemption (see answer to question 2.9).
The professional in charge of the sale takes registrations, which can in principle be conveyed by any means, the most common being through the website on which the auction will be broadcast.
It is therefore possible to attach goods on the premises of a third party, subject to the authorisation of the court (Article 1503 Judicial Code).
If the spouses have been separated continuously for at least two years, there is an irrebuttable presumption of breakdown, and divorce may be sought even if the breakdown was caused by the applicant.
For the purpose of securing a non-pecuniary claim an interim measure can be ordered if the secured creditor demonstrates the existence of his claim is probable, and if he demonstrates as probable the risk that the secured debtor would, without this measure, prevent or make significantly more difficult the enforcement of the claim, in particular by altering the current situation, or if he demonstrates that the measure is probably necessary to prevent violence or the occurrence of irreparable damage.
223); 4) Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC (OJ L 271 of 9 October 2002, p.
If the claim thus approved covers time-barred obligations, any future claims will be subject to a limitation of three years.
3.2 the division of property of the spouses The divorce dissolves the joint estate established by law (comunione legale, which includes all purchases made by the spouses jointly or separately during the marriage, apart from the personal items listed in Section 179 of the Civil Code) and also any fund set aside for the needs of the family (fondo patrimoniale).
This information allows the creditor to locate the competent authority for the purposes of Article 25 of Regulation (EC) No 805/2004 without difficulty.
Candidates who are admitted are appointed as trainees (auditores de justiça).
The law applicable to the annulment of a marriage is that of the place in which it was contracted.
Announcements in electronic form have been published since January 2014 on the website of the Official Gazette of the Republic of Croatia.
See points 5, 7.1 and 7.4 for options for alternative service.
The Act sets out the grounds for refusal to grant State legal aid.
Objections shall meet the general requirements for the content and form of procedural documents, with the exception of the requirement to indicate the grounds.
There are also expert reports, which provide the court with the technical knowledge it lacks.
Its role was thus limited to monitoring the conformity of acts, decrees and ordinances with the rules on division of powers contained in the Constitution and acts of institutional reform.
3.4.2 Adoption The conditions for the establishment of an adoption are governed by the national law of the adopter or the joint common national law of the adopters.
ICJ - International Court of Justice: the principal judicial organ of the United Nations (UN), established by the Charter of the United Nations.
Ministry of Justice, Department of International Private Law (Igazságügyi Minisztérium, Nemzetközi Magánjogi Főosztály) Address: CONTACT_INFO.
There is no appeal against the recognition of a decision by the Supreme Court of the Czech Republic.
Limited financial means may be proved by a document issued by the competent administrative authority, or a statement issued by a public social welfare institution where the individual is resident.
Certificates can be issued both over the counter at the Registration Agency and electronically (fees are collected in accordance with the above schedule).
Thus: (a) the protection of creditors with collateral is removed; (b) the effects of the agreement are adjusted on the basis of the majorities reached in its approval and in relation to whether or not the claim is effectively covered by the collateral.
A brief explanation must be provided of how the debt arose.
The Commission also assists data subjects to exercise their rights, in particular by informing them of their rights and the procedure to be followed.
The information which the central authority can acquire directly from the respective registers can enable it to obtain documents and evidence .
The same applies to the fraudulent organisation of insolvency by a debtor.
If the person under the obligation fails to meet the obligation, the penalty determined by the court lasts until enforcement, and the bailiff will notify the prosecutor to commence prosecution.
CONTACT_INFO Tel./Fax: CONTACT_INFO PHONENUMBER-0 E-mail: EMAIL-0 Article 71 1.
(e) – Public bodies The regional courts (sądy okręgowe) are designated as the central authority for the purpose of transmitting applications and taking any appropriate measures in respect of these applications.
In some cases, the court orders an inventory of the estate even if no heir requests this, primarily for the protection of minor heirs, heirs whose residence is unknown, and the testator's creditors.
If a judicial document is served by being deposited, pursuant to Subsection 327(2) of the Code of Civil Procedure a written notice concerning this is left at or sent to the address of the recipient.
The first registration of the real estate in the integrated information system of cadastre and land registry can be done also based on the heir certificate and the cadastral documentation.
The enforced recovery of movable goods and direct enforcement of movable property are executed by the judicial enforcement officer whose office is located in the jurisdiction of the appeal court where the debtor has his/her residence/registered office or where the property is located.
The Court constitutes the judicial authority of the European Union and, in cooperation with the courts and tribunals of the Member States, ensures the application and uniform interpretation of European Union law.
What does the Latvian business register offer?
The bailiff conducts an inquiry to determine the debtor's earnings, assets and place of residence on an ex officio basis.
Nevertheless, there are certain differences in the rules that govern them: adjudicating judges are not subject to instructions from any higher authority, and enjoy security of tenure, in that they cannot be given a new posting without their consent.
With the exception of the office of the Principal State Counsel (procureur général) at the Court of Cassation, which is separate, France’s State Counsel’s Offices make up a hierarchical pyramid ‘under the authority of the Minister of Justice’.
The rates for the provision of mediation provided via the online civil mediation directory are available from the justice website.
Actions regarding inheritance and estates must be brought to a court of first instance in the judicial district where the deceased had his or her place of residence or domicile.
In the case of a person who is going to leave Malta or is ill or elderly, or who is likely to die or become incapacitated before the hearing of the case, or cannot appear in a sitting, the court may engage a judicial assistant to hear that person.
The summons for the hearing at which evidence will be taken by examining the party must be served to this party in line with the rules of personal delivery.
For a parent to transfer a child under national law, the consent of the other parent is always necessary, particularly when the other parent has a right which will be infringed when the child is transferred.
Statutory procedural deadlines cannot be changed by a court decision.
2 If yes, what is the amount/rate and what is the legal basis for it?
Common courts also keep land and mortgage registers as well as the pledge register, National Court Register, and National Criminal Register.
The Institute can be contracted by scientific institutions or bodies to conduct specialist research work and is available to draw up opinions at the request of specialised fora in Romania and abroad.
A legal person is either a legal person in private law or a legal person in public law.
In this case, the postal service will notify the absent addressee that the document will remain at the post office for a specific period of time, during which he/she may request it.
From a territorial perspective, jurisdiction belongs to the court in the place where the spouses’ last joint home is located.
The lawyer is thus obliged to follow the code of conduct and the Bar’s internal rules and regulations.
Mediation in civil cases Who to contact?
The Law Society and the Bar Council may be helpful in finding a legal representative, although they do not hold information on the costs of legal representation as this will depend on many individual factors of the particular case concerned.
Value Added Tax How is this information provided Information is available on the Ministry of Justice website.
You may have access to some rights whether you report the crime or not.
This process takes place in ongoing consultation with the members of the court councils.
They, too, are legally qualified (usually as solicitors or barristers).
A foster parent must guarantee proper care, be resident in the Czech Republic, and must agree with the entrusting of the child into his/her foster care.
The Supreme Court (Sąd Najwyższy) is the highest judicial authority in Poland.
If court jurisdiction cannot be determined this way, the ordinary court of one of the spouses will have jurisdiction (Section 101 CMP).
If interest is being claimed, that interest must also be precisely defined (interest rate and the period for which the claim is being made).
But even then courts at the same level each have their own territorial jurisdiction.
Regional courts have jurisdiction at second instance, which means that appeals against decisions of district courts will always be heard by regional courts.
All published instruments are also linked to a time stamp, which enables any cases of unauthorised processing to be detected.
Stage of the civil proceeding where fixed costs must be paid Court fees must be paid at the start of any process at which court fees are due; any other fees and fixed costs are usually paid once the proceedings have finished.
In exercising his or her administrative powers, the President of the NJO hands down decisions, regulations and recommendations.
Any person, including a foreign authority, may contact the Austrian registration authorities (municipal office, municipal authorities, municipal district office (Gemeindeamt, Magistrat, Magistratisches Bezirksamt)) to request registration information about the principal residence registered for a natural person.
In addition, there are specific acts based on previous treaties: for instance, in the area of criminal matters 'framework decisions' continue to apply (they were adopted before the Lisbon Treaty entered into force, when judicial and police cooperation in criminal matters had a specific status - you can find more information on this at the following link: summaries - criminal matters until November 2009).
If there are none, the other grandparent on the same side of the family succeeds to his or her share.
In the second succession class, those inheriting are the deceased's spouse, the deceased's parents and persons who lived with the deceased for at least one year before his or her death in a shared household, and therefore took care of the household shared with the deceased, or were dependent on the deceased for their maintenance.
Depending on the matter at issue, civil registry offices are competent to process and decide on divorce or legal separation proceedings by mutual consent, including the ratification of agreements with respect to parental responsibility annexed thereto.
Given that the proposed regulations deal with the management but in particular with the sharing of the international couple's property in case of divorce/separation or the death of one of its members, these regulations are closely connected with the existing Union regulations on divorce/separation and succession.
Estonia does not have a separate insolvency register.
A court may launch the procedure ex officio where this is provided for by law.
The ‘Brussels I’ Regulation also contains an alternative rule in respect of maintenance obligations.
Private law or civil law is the area of law in a society that affects the relationships between individuals or groups without the intervention of the state or government.
Both parents jointly share parental rights and obligations towards a child, irrespective of whether the child is born in or out of wedlock or whether the parents live together or not (are married, separated or divorced).
If you change your mind, you can choose to be tracked again by Piwik (opt-in).
For example, if the rules regarding to service of the documents have not been properly complied with, the claim for judgment in default will fail.
Administration of the land registers is the responsibility of the Department of Lands and Surveys (Τμήμα Κτηματολογίου και Χωρομετρίας) of the Ministry of Interior (Υπουργείο Εσωτερικών).
Disposal of a specific asset entails acceptance (sale of immovable property, furniture), since those items form part of the estate.
Half of the share is also received by the children or grandchildren of any siblings who died before the deceased or who waived their right to succession or have been debarred (Article 1815 of the Civil Code).
In that case, the court will suspend enforcement.
Within 20 days of the day when the appeal court notifies the parties that proceedings have been initiated, the parties may submit written observations on the appeal, supplying a number of copies equal to the number of parties.
The Supreme Court Portal contains an archive of case-law rulings which contains both topical Senate rulings and compilations of case-law.
The drawing up of inventories of assets [la formación de inventarios de bienes], in accordance with the conditions specified by the court.
A certified notary will dissolve the marriage in cases where the spouses have agreed to the divorce and have no joint minor child or joint property, or if the spouses have a joint minor child or joint property and have entered into a written agreement on the guardianship of the joint minor child, access rights, the child’s maintenance and the division of the joint property.
A court order comes into effect if the debtor does not file any opposition to the creditor’s application within twenty days.
The generic form of an ECLI is therefore: ECLI:FR:CC:{year of decision}:{ordinal number} The ordinal number is in two parts, separated by a full stop: the serial number within each class or type of decision (which starts again at 1 every year); the type of decision (DC, QPC, AN… see list of types).
Provisions of international law are applied irrespective of their source in accordance with their position in the hierarchy of legislative acts.
The debtor retains rights related to the management of the assets of the insolvent estate, but under oversight by the administrator.
These courts have the same statute as the district court.
Under Section 232(1) of Act No 160/2015, the Contentious Civil Procedure Code (Civilný sporový poriadok), enforceability is an attribute of a court decision establishing an obligation to comply with the decision; it consists in the option of the decision’s direct and immediate enforceability by legal means.
In these cases, claimants may choose either the court where the defendant is domiciled or the court where the child is resident.
Generally speaking, actions involving the exercise of individual consumer or user rights may be heard by the court of the domicile of the consumer, user or defendant, at the choice of the consumer.
First level legal aid entitlement is established when a person's income per year does not exceed LTL 8 000 (€2 318.8) plus LTL 3 000 (€869.6) for each dependant.
It is not mandatory for the defendant to use the internet.
Value Added Tax How can I obtain relevant information?
In addition, a list of all administrators (seznam vseh upraviteljev) and the insolvency proceedings they are dealing with can be obtained from the e-Publications database.
Within the area covered by the Maintenance Regulation, legal aid is granted in accordance with Articles 44 to 47 of the Regulation.
A divorce may be granted by a registry office or a notary on the agreement of the spouses on the basis of a joint written application, or by a court on the basis of an action brought by one spouse against the other.
The presentation entry is automatically extended by the Registrar for sixty days from the last date of the above-mentioned notifications.
The salaries owed for salvaging or assisting ships can be demanded in the court of the place where the fact occurred, the court of the area of domicile of the owners of the salvaged objects or the court for the place where the salvaged ship is registered or is to be found.
In carrying out all of its specific tasks in the fields of research, training and the provision of information and expert advice, the Romanian Institute for Human Rights is constantly mindful both of the rules and standards set out in international treaties with regard to human rights and of the relevant case-law of international courts.
In the case of a maintenance allowance allocated to a spouse in divorce proceedings based on the duty of support, it may be decided that all of part of the monthly payments for a loan will be taken on; the payment of a monthly amount is, however, favoured by the courts.
You can find this information in the statistical yearbook of the Ministry of Justice of the Slovak Republic.
No, parties are notified of court decisions via their respective lawyers.
Court charges are either set as a fixed sum, or are determined as a percentage rate based on the value of the subject matter of the judicial proceedings.
In this case the notary is the authority which receives the declaration of acceptance.
Where the spouses have not reached agreement either by themselves or with the assistance of a Social Work Centre, they may request that the court decide.
The Courts Office (Tiesu administrācija) arranges and ensures performance of the administrative work of district and city courts, regional courts and land registry offices.
It is under the authority of the Minister for Justice, who acts via the Ministry of Justice.
Yes, access to LandWeb is free of charge for authorised users.
If even those children, or any of them, do not inherit, then their descendants inherit in equal proportions.
History of Luxembourg's land register The land register was established in 1820.
See also question 4.
Absolute time limits, if not observed, ultimately affect the validity of the procedural acts, whereas non-observance of relative time limits, even if it does not necessarily result in the invalidation of the procedural acts, can trigger the application of disciplinary or financial sanctions for the guilty parties (the ruling time limit, the preparation time limit etc.).
Organisation of justice - the judicial system The judicial system of the Grand Duchy of Luxembourg is divided into a judicial branch and an administrative branch.
County courts also offer an in-house small claims mediation service, although external mediation is available for other disputed claims.
The Council has a significant say in appointing members to the court council.
However, the CCP provides for mandatory representation by a lawyer in specified situations.
And in the area of town planning: final planning implementing measures affecting existing buildings, sales to municipal authorities, transfer of urban land use rights, conditions for planning permission, proceedings instituted in the area of town planning, and appeals lodged and the court's decisions, among others.
Some specific details concerning the recovery of maintenance are provided below.
It is not restricted to former partners or spouses.
This happens through death or being declared dead, dismissal, loss of Czech citizenship, or loss or restriction of legal capacity.
Disputes between the parents are settled by the orphans’ court (bāriņtiesa), unless the legislation provides otherwise.
Lease, sublease There are detailed provisions on lease and sublease contracts.
Legal basis: Law No 9/1991 establishing the Romanian Institute for Human Rights Objective: The Institute's remit is to ensure that public bodies, non-governmental associations and Romanian citizens are kept well informed about matters relating to human rights, and about how human rights are guaranteed in other countries, particularly those participating in the Conference on Security and Cooperation in Europe.
If no mediation agreement is reached, the matter can be pursued in court.
For instance, a hypothecary registration is made by the Director of the Public Registry after receiving an authenticated copy of the judgment together with a certificate from the registrar indicating that there has been no appeal from the judgment and the time for filing such an appeal has lapsed or that it is not possible to appeal from the judgment.
There is a hierarchy of sources of law.
Local government representative bodies can also lay down their own activities and those of bodies run by them, as well as their action programmes and the organisation and functioning of bodies run by them in normative decisions.
The agreement resulting from the mediation procedure must be set down in writing.
It thus protects the economic interests of consumers before, during and after a commercial transaction has taken place.
The number of notaries’ offices in the area of each district court is laid down by the Minister of Justice after consulting the Chamber of Notaries.
However if these are insufficient the Court may order that payment is effected by other (connected) persons and on such basis as the Court may direct.
A court may order acknowledged facts to be proved if it believes that a party has acknowledged them in order to assert a claim which it may not assert (third paragraph of Article 3 of the ZPP).
1.1 Scope of procedure, threshold The special procedure for civil matters involving small amounts is followed by the ordinary court of first instance (the district court; ‘tingsrätt’) when the plaintiff’s claim falls below a certain threshold value.
It can also decide not to discuss the act at all.
The administration is mainly of interest to ensure continued management by an independent third party of the goods of companies, for example, during the proceedings.
The legislation assumes, however, that attached property will be sold without delay; see 3.2.
Announcements from courts, lawyers, public institutions and private undertakings are published.
On the basis of an enforceable title, under which the debtor must do something which can be performed by someone else, enforcement takes place by the court authorising the creditor to entrust the task to someone else at the debtor’s expense or to perform it him or herself (substitute service at the debtor's expense).
The refusal to attempt the mediation has no influence on the outcome of a court’s decision.
In which language(s) do the compensation authorities(s) accept the: claim?
As a general rule, parental authority is shared by both parents.
Likewise, if the time limit is expressed in months or years, it is irrelevant whether there are holidays in between or not, unless the law provides for explicitly that the time limit pertains to working days.
The Council also has a general advisory task.
The Traffic Register is a public electronic database, but access to some of the data contained therein (for example, information on the owners of vehicles) is restricted.
When a Bill has passed through all its parliamentary stages in the UK or Scottish Parliaments, it is sent to the Sovereign for Royal Assent, after which it becomes an Act.
With regard to summonses, please see the response to question 13.
Enforcement under the Non-Contentious Civil Procedure Code The enforcement of a decision in a case involving a minor may only be conducted by a court; the court with territorial jurisdiction is essentially the court in whose jurisdiction the minor has place of abode, as agreed by the parents or in another lawful way.
In Swedish private international law, questions of the spouses’ entitlement to inherit, their acquisition of the other spouse’s name or their duty to maintain the other spouse’s children are not regarded as legal effects of the marriage, and the law applicable is determined by the conflict‑of‑law rules that govern inheritance, personal names etc.
Annex III - The courts with which appeals referred to in Article 43(2) may be lodged - in the Czech Republic, the district courts (okresní soudy).
2.- Judgments handed down by Courts declaring that certain clauses in these standard contracts are null and void These are final judgments in favour of the complainant in cases brought by private individuals (individual actions) or by a consumer organisation representing a number of private individuals (class actions).
The next of kin can be disinherited by means of a will.
The appeal court can under no circumstances prohibit or suspend the enforcement of a judgment (Article 1402 of the Judicial Code).
An electronic document is deemed to have been submitted to a court once it has been recorded in the database for the receipt of court documents.
If a corrective decision is issued with regard to the original decision, the deadline begins again from the date on which the corrective decision comes into legal effect.
Forms are only used for European small claims procedures.
Certain important circumstances take effect from the moment the register entry is made: for instance, the increasing of a company's share capital takes effect from the moment the increase is entered in the commercial register, and not from the time the decision to increase the share capital is taken or from the time the contributions are made.
If the advance does not cover the costs either, the bill is footed by the state.
If the last month does not have a corresponding day to that when the time limit started to run, the time limit ends on the last day of that month.
A tax stamp of RON 5 is to be affixed on each application.
However, they cannot change the reason why the registered claim occurred or its ranking.
Can a court in the country where the child was abducted to refuse the return of the child?
The exercise of the parental responsibility of a parent whose legal capacity has been restricted in this area is suspended for the duration of the restriction of his/her legal capacity, unless a court decides that the parent, in view of his/her person, will retain the exercise of the obligation and right of care for the child and personal contact with the child.
Insolvency Proceedings (Companies) Claims shall be accepted at the discretion of the insolvency practitioner.
Each part of the public mediation system is managed by a public authority, which is identified in the authority’s articles of association.
Other specialised courts Federal Constitutional Court The Federal Constitutional Court (Bundesverfassungsgericht) exercises jurisdiction over constitutional matters at national level.
However, the law lays down specific rules (Article 176bis) for cases in which the debtor’s assets are presumably not enough to pay the claims against the insolvency estate.
In other words, both verbal and written evidence may be submitted.
For the EU, the Decision replaces the European Convention on the transfer of sentenced persons (1983) and its Additional Protocol (1997), although these Conventions will continue to apply to non-EU countries.
2.3 Change of connecting factor Swedish private international law has no general rule for the effect of a change in the connecting factor: the matter is regulated specifically in each separate statute.
Furthermore, different welfare benefits are not taken into account when calculating resources (family allowances, social security payments, housing benefit).
Applications for a summons, responses and other court documents can also be sent to courts via email.
At the request of a trustee, the court may also extend that period.
A petition for divorce may be filed by one of the spouses (a unilateral petition) or by both spouses (a joint petition).
This is sent to all known creditors whose claims are covered by the proposal, with an invitation to them to submit their comments within a certain period.
Judges Organisation The structure of the courts in Cyprus is very straightforward.
The defendant has 30 days to reply, by filling in his or her part of the Answer Form.
Complaint processing: Complaints concerning cases of discrimination or gender-based violence are received by the CIG by email, through the Commission's Facebook page, and on paper.
The heir himself/herself, who shall therefore administer the succession property.
However, the obligation imposed on the party liable for maintenance is reinforced by the fact that a breach is punishable under criminal law.
The parties in appeals in cassation are represented by a lawyer at the Supreme Court.
Additionally, creditors or groups of creditors whose claims exceed the limit laid down by law are entitled to put forward a draft restructuring programme.
Related LinksEuropean Land Information Service, Cadastre (Land Registry and Mapping Agency)
A Bill is adopted by the National Assembly in two readings.
Any person aggrieved by the decision of the Commissioner have the right to appeal in writing to the Data Protection Appeals Tribunal within 30 days from the notification to him of the said decision.
This is not the case, however, if rules on exclusive jurisdiction apply; the court must consider this question of its own accord.
The Danish Business Authority may be liable for damages for use of reported information or documents that are incorrect due to a management factor, such as a processing error.
With regard to the taking of evidence through the collection of witness testimony, verbal hearing of experts (as a general rule, experts are only heard at the final hearing if it is necessary to provide verbal clarifications, since the results of their investigations are given in written reports), judicial inspections, investigation reports and documents not defined by law as having any special significance, the court freely assesses all such evidence.
A public will is drawn up by a notary in his or her register.
Useful links Data bases of legal documents
Directive 2008/52/EC stipulates that those involved in a dispute may request that a written agreement arising from mediation be made enforceable.
Voluntary division is carried out with the consent of all co-owners and takes the form of a contract.
Likewise, if an action is left unadjudicated, the court may at the defendant’s request order the plaintiff to pay the defendant’s court costs.
Bailiffs in the state addressed are not responsible for ensuring that the form and content of the document transmitted directly by the person concerned are in order.
If the addressee resides in a hotel/apartment building and cannot be found at home, the document may be served to the administrator or the doorman (Article 163 points 6 and 7 of the Code of Civil Procedure).
As a rule, the recognition of a divorce judgment issued in another Member State is based on Council Regulation (EC) No 2201/2003.
Emergency assistance can be granted to victims of terrorism who have been hospitalised and to the close relatives of a victim who has died as a result of the act of terrorism.
They are of great constitutional importance.
The Supreme Court is also the court of constitutional review.
In addition to the condition as regards time, a precondition for recovery is that the contract has damaged the creditors’ interests.
All notaries are appointed and supervised by their respective regional judicial authority (Landesjustizverwaltung).
In Poland, civil cases are dealt with by ordinary courts (sądy powszechne) and the Supreme Court (Sąd Najwyższy) (see: Judicial systems in Member States - Poland), unless they fall within the competence of specialised courts.
Available website on cost information: Website of the Supreme Court.
After mediation, a mediation record is signed by the mediator, the parties and their lawyers.
Liability for debts shall continue also after bankruptcy.
Complaints or incident reports regarding violations committed by bodies under the authority of the Ministry, including institutions belonging to the Santa Casa da Misericórdia (Holy House of Mercy) and Private Social Solidarity Institutions, can be addressed to the Inspectorate.
The Centre is engaged in the provision of legal advice on questions of discrimination, manifestations of intolerance, and violation of the principle of equal treatment for all residents in the Slovak Republic; it is also legally empowered to represent, on request, parties in proceedings relating to violation of the principle of equal treatment.
If a notice cannot be left at the place where delivery was attempted, the serving authority returns the document to the sending court and the court posts a notice requesting the collection of the document on its official notice board.
Law is open to interpretation and jurisprudence can influence subsequent decisions.
History of the Hungarian Land Registry The official name of the legal and administrative system managing the registry of real estate in Hungary is the 'unified land registry system' (egységes ingatlan-nyilvántartási rendszer).
Submission of the annual accounts of entrepreneurs and other individuals required to submit them.
Under the General Accounting Plan (Plan General Contable), it is mandatory to keep annual accounts.
For the recognition of a decision on parental authority, the provisions of Regulation (EC) No 2201/2003 shall apply.
In the Federal Labour Court: 10., 11.2.2009, 10 AZR 222/08, special payment – with reference to a unilateral set of rules of employers – subject to modification.
A court may admit the application of judicial seizure or precautionary attachment if this measure is necessary to preserve the respective right and a case is pending as regards ownership or another overriding right in rem, the possession of assets or the use or administration of joint property.
Where creditors themselves propose the opening of compulsory settlement proceedings against an insolvent debtor in accordance with the new legal provision, the court appoints the administrator that was suggested by the petitioners.
Given that parties enjoy an equal position in civil judicial procedure, a claim need not be filed in the Slovak language.
A claim relating to consumer contracts may be filed according to the place of residence or the registered office of the defendant or the consumer.
Whilst in the Constitutional Court either the individual or the government may appeal, when referring a case to the European Court of Human Rights, only the individual may refer his case (right of individual petition) before this Court.
Insolvency proceedings may be initiated against natural and legal persons, irrespective of whether they are business entities.
However, the Government may waive this general rule in cases of emergency (to be evaluated by the Grand Duke on the basis of a properly reasoned report prepared by the proposing minister) and consequently dispense from seeking the opinion of the Haute Corporation (Council of State).
If you would like to find a notary in a Member State, you can use the Find a notary search tool provided by the European Commission in cooperation with participating notaries associations.
In selling the assets, the court commissioner acts for the parties in his own name but takes into account any more advantageous suggestions by the parties for asset liquidation.
The trustee must take possession of the debtor’s assets and start the administration of the bankruptcy estate without delay after a bankruptcy ruling is issued.
The eligibility conditions can be found in Law No 1990/217 and in the factsheet on legal aid.
If a fact is generally known or is not challenged, the court may decide that in the circumstances of the case it does not have to be demonstrated.
After the end of their term in office, judges who decided or judged on investigatory or court proceedings in which a judgment infringed fundamental human rights and freedoms no longer meet the conditions for election as a judge.
Disclaimer The Contact Point, the courts or other entities and authorities are not bound by the information contained in this factsheet.
Where enforcement is conducted by attachment of earnings, a basic amount may not be deducted from the obligor’s monthly wage or other income; the Government defines the methods for calculating this basic amount in a regulation.
Under Article 32(2), in Estonia the district courts are competent to hear appeals against decisions on a declaration of enforceability.
Click on the links below to find the information you need 1 – Consulting a lawyer 2 – My rights during the enquiries Arrest and questioning by the police Disclosure file Investigation file Special case: remand in custody Closure of the investigation 3 – My rights during the trial 4 – My rights after the trial 5 – Breaches of the Highway Code and other minor offences
There is no need to order a hearing to consider the succession.
All time limits can be shortened subject to documented agreement between the parties.
For details on the enforcement, please consult the relevant section.
Regulation: a legal rule of a general nature issued by the executive authority.
The candidate notary can sit the first part of the examination after 18 months’ candidacy, but must pass the first part no later than at the end of the fifth year of candidacy; otherwise, his or her name is to be removed from the list of candidate notaries.
Interested persons may request certain personal data of Romanian citizens from the National Register of Personal Records, regarding their domicile or place of residence, by submitting a reasoned written request to the local personal records office that is competent in the area where the law firm/person searched is located.
An application may be dismissed as unfounded, for example, if it emerges from the application or from another available report that the conditions for debt restructuring are not fulfilled.
Section 391(1) of the Code of Criminal Procedure, however, provides that the costs of the criminal proceedings are to be recovered from the convicted person only provided this does not endanger the resources necessary for the convicted person to maintain a modest standard of living or their ability to pay compensation for the damage caused.
The facts alleged in the petition should be supported by documentary evidence.
Part 4 contains the following information on each registered property: the mortgage holder; monetary value of the mortgage (outstanding sum); notes concerning the mortgage; amendments to entries; deletion of entries.
Payments guaranteed by the Fund are due from the first day of the month following that in which the court's decision set the guaranteed value.
The current Constitution of Luxembourg dates from 17 October 1868.
Since 2004 the webpage has provided access to: a database of translators or interpreters, which can be searched using set criteria legal information on translation and interpreting services.
It provides information about alternatives to imprisonment at every stage of the criminal justice process and about the issues to be considered when implementing them, including what various parties involved in the process must do to ensure its success, together with examples of systems that have reduced the use of imprisonment.
Click on the links below to find the information you need.
If the objection is dismissed, the judge will make an order finding against the debtor.
If this cannot be established or if the defendant did not have one, jurisdiction will be established on the basis of the claimant’s place of residence or, failing that, his or her place of stay.
Summons Notice periods for summoning a party may be shortened by the court at the claimant’s request, if necessary subject to certain conditions.
The instruments must indicate the heirs or other beneficiaries by name, residential address, personal identity number or date of birth (or, if a legal person, by name, registered office and registration number, if assigned).
2.3 Change of connecting factor The connecting factor of a legal relationship often changes during the course of the relationship, e.g. the domicile of a company is transferred from one country to another, in which case the applicable law also changes.
It was prepared in particular for the use by criminal justice officials, but the materials are directed towards a number of different audiences and individual users may therefore find some sections of more relevance and interest than others.
A mediation settlement which has been approved by the court and declared enforceable has the legal validity of a court settlement and may be enforced.
Any attachments levied on the property do not restrict the powers of the administrator.
In such proceedings by Joint Petition, a court decision rejecting the petition for divorce or legal separation or any or all of the measures proposed by the spouses is open to appeal.
The services of these professionals may be shared where the spouses are filing jointly for legal separation or divorce.
The criminal court may sentence you to a maximum of 20 years in prison in the case of a crime reduced to a serious offence by statute.
What is a legal interpreter?
Both movable and immovable property may be sold if all the heirs agree, with the proceeds being divided amongst the heirs according to the proportions indicated in the will.
The Estonian Land Register is a record of proprietary interests and restricted rights, providing third parties with information about registered immovable property.
It restored to Scotland (following a referendum) the separate Parliament that had been lost at the time of the Union with England and Wales in 1707.
An extramarital union which gives the right to legal succession is a life union between an unmarried woman and an unmarried man which has lasted for some time (at least three years or less if a common child has been born to such a union) and has ceased upon the testator's death, provided that the prerequisites for the validity of marriage have been met.
In the absence of such plea, or in the absence of satisfactory proof, domestic courts are to adjudicate in accordance to Maltese law.
The rules for temporary removals are not the same as those for permanent removals.
The termination of the marital union ensues if the spouses terminate all mutual relations that otherwise comprise conjugal life, i.e. if they no longer have the wish to live as a married couple and to realise the specific content of such a relationship (e.g. they cease to communicate, etc.).
The minimum living wage is regularly re-evaluated and the current rate is published on the Austrian Justice website.
Any person who is 18 years of age or above and is of sound mind may dispose of his or her property upon death through a will.
Different claims in civil proceedings or complaints against individual acts and applications in administrative proceedings may be filed electronically.
For further information see the Office of the Immigration Service Commissioner
In other proceedings to determine maintenance, including its increase, the petitioner is exempt from court fees.
Under Section 110 of the Constitution, the President of the Republic may not use a Decree to enact, amend or repeal the Constitution, the Acts referred to in Section 104 of the Constitution, Acts setting national taxes or the State budget.
If the estate has not been distributed, the claim must be submitted to the estate administrator or to a court.
In which area is recourse to mediation admissible and/or the most common?
2.2 Renvoi In Portugal, there are three key rules when it comes to renvoi: A rule which provides for renvoi to the law of another State A rule which provides for renvoi to Portuguese law A rule which provides for cases in which renvoi is not permitted.
A waiver declaration may be made for any person or persons having a share in the deceased person’s estate, the estate administrator, the estate distributor, the executor of the will, or any descendants taking the place of deceased heirs.
Holographic wills A holographic will is a will entirely written, dated and signed by the testator in person.
The specialised administrative courts operating in the Republic of Lithuania do not try civil, commercial or family-related cases.
They try cases arising from legal administrative relations.
In the case indicated in (iv), the registration is drawn up in Conservatórias do Registo Civil [register offices] as an entry or record through a declaration by the parties.
Right to access courts and other bodies in order to obtain redress, such as a binding decision or a financial compensation This is for when you are unable to seek justice, when your hearing is unfair or wrongly conducted in private, the court is not independent, the length of proceedings is unreasonable or if you do not receive legal aid or legal representation.
Competent court: Enforcement on movable goods and enforcement on receivables: For enforcements on receivables, the court at the general jurisdiction (residence) of the debtor is responsible; for enforcement on movable goods, it depends on where the movable goods are located at the start of enforcement.
In most cases it is based on the constitutional rules of the State, the fundamental principles of national laws and moral principles.
In matters not regulated by the Bankruptcy Act, the rules of the Code of Civil Procedure apply, with derogations arising from the specificities of non-contentious proceedings.
The section of the website of the Ministry of Justice and Public Administration on the analysis of judicial statistics contains information on the average length of time of different procedures.
The competent district court is that of the district where the deceased had his/her last abode or usual place of residence.
All the decisions of the Council for the Assessment of the Legality of General Acts are published on the website of the High Administrative Court of the Republic of Croatia.
Related Links Federal Public Service Justice Federal Mediation Commission
Deadlines of periods determined in weeks, months, or years fall at the end of the day whose designation is the same as that of the day of the event determining the start of the period, and if there is no such day in a month, then on the last day of the month.
Where the original claim is for a liquidated or definite sum, final judgment may be entered in the Central Office of the High Court or in the Circuit Court Office, depending on the amount of the claim (except in a small number of cases e.g. moneylending matters, in which case the plaintiff must make an application for judgment in default or obtain the leave of the court to have judgment entered in their favour).
A list of mediators registered in accordance with Act No 202/2012 on mediation, held by the Ministry of Justice, is to be published shortly.
This time period is as follows: Three months after the marriage if legal separation is requested by both spouses or by one with the consent of the other.
If a grandparent debarred from succession has no descendant or if the descendant is excluded from succession, the spouse of such grandparent succeeds in his stead, and if he too is debarred, his descendants succeed.
Under certain conditions, this also applies to spouses who are not yet divorced but live separately.
A procedural deadline is met if the action is executed at a court or a submission handed over to an authority that is obliged to deliver it, i.e., most frequently a postal licence holder, on the last day of the period.
The plan mentions all the commitments which have been entered into by the persons responsible for its implementation and which are necessary for the business turnaround.
Requirements and documents that must accompany the application for enforceability The requirements and documents that must accompany the application for enforceability are laid down in the Brussels IIa Regulation.
In the case of the temporary incapacity of the victim, aid is incompatible with any allowance that might be paid for such incapacity in a public social security scheme.
As defined in the Code of Civil Procedure, evidence in civil proceedings means any actual data serving as a basis for a court to find under the statutory procedure whether or not circumstances substantiating the claims and replications of the parties exist as well as other circumstances relevant to reaching a fair and just decision in the case.
If one of the spouses cannot maintain him or herself completely, the other spouse is also liable to contribute to the spouse‘s personal needs.
Once the precautionary measure has been taken and the debtor has been informed of this, the latter may challenge the conditions leading to the order before the enforcement judge who ordered the measure.
If the consent of the other parent is necessary but there is disagreement and that parent refuses to give their consent, the removal must be authorised by the judicial authority.
Where several preferential creditors compete, they are paid in an order fixed by law, but still before the unsecured creditors.
A list of all district courts, including updated contact details, is available on the Ministry of Justice website.
The enforcement offices also have clerical staff.
Insolvency Proceedings (Companies)(including creditors voluntary winding up) All the assets of the company will be liquidated to cover the liabilities of the debtor.
If all heirs propose division and the method of division by agreement in the course of probate proceedings, the court makes reference to this agreement in the decision on inheritance (Article 214(3) of the ZD).
All complaints against lawyers are handled by a committee of five lawyers which then makes recommendations to the Commission for the Administration of Justice on the disciplinary action to be taken.
Ordinary furnishings and household equipment pass to heirs by intestate succession irrespective of their degree of descent and their inherited share provided that they lived with the deceased for no less than a year up to his or her death.
The ZPP does not define those facts which can be shown to be probable in order that a certain norm be taken into account.
5 Is there a possibility of appeal against the decision granting such a measure?
a) Withdrawal of the enforcement sheet and deletion of the enforcement clause.
However, we make no warranty, express or implied, with respect to the completeness or accuracy of information obtained through external hyperlinks.
The decision of the Sofia Court of Appeal is subject to an appeal on points of law only by the Supreme Court of Cassation.
The victim of a crime has the right to hold a private prosecution.
Therefore, the European Judicial Network in civil and commercial matters established factsheets which provide information on how statutory interest is defined by the Member States, whether national law provides for statutory interest and if so, on which legal basis and at which rate/amount.
The right of pecuniary action is subject to time-barring, unless the law provides otherwise.
The Mediation Directive 2008/52/EC has been transposed into Estonian law by means of the Conciliation Act.
The debtor, a creditor or the trustee may request that the court revoke a resolution of the general meeting of creditors if the resolution is contrary to law or was made in violation of the procedure provided for by law or if the right to contest the resolution is directly prescribed by law.
If no such court exists, the competent authority in the matters of custody or contact is the Bratislava I District Court; (c) the court competent to order the enforcement of a decision or to issue authorisation to proceed to enforcement where it is not possible to determine the court jurisdiction pursuant to letter (b).
Legal aid is provided by the National Legal Aid Bureau.
Judicial seizure may be applied whenever proceedings have been initiated in connection with property or another overriding right in rem, with ownership of assets or with use or management of joint property, the court being competent to approve judicial seizure of an asset.
The Ombudsperson is responsible for monitoring and promoting implementation of the principle of equal opportunities and equal treatment of men and women within the scope of the above Law (Article 25 of Law No 3896/2010).
Debt restructuring may be requested by a debtor whose place of residence is in Estonia and who has resided in Estonia for a period of no less than two years before submitting the debt restructuring petition.
The Council of Ministers issues a decree when it approves regulations, ordinances or instructions, and when it issues regulations to provide for social arrangements not regulated in the sphere of its executive and ordering activity.
Relatives having a maintenance obligation who provide for the maintenance or take care of the person entitled to receive maintenance may bring a legal action in their own right against the other parties having a maintenance obligation.
In proceedings that can be instituted ex officio, the enforcement procedure can be instituted ex officio further to a request by the court of first instance hearing the case lodged with the court with jurisdiction or bailiff (Article 796(1) of the Code of Civil Procedure).
The bailiffs’ costs are borne solely by the maintenance debtor.
When it appears necessary, the Commissioner may carry out a child impact assessment relating to any decision or proposal on policy which affects children.
On the opening of bankruptcy proceedings, the rights of an individual debtor to administer and dispose of assets that form part of the bankruptcy estate are transferred to the liquidator.
Experts’ fees Experts set their own fees, which, if requested, are included in the legal costs awarded by the court.
In case of non-enforcement within that period, the judgment may be renewed by the court pursuant to Rule 40D.8 of the Civil Procedure Rules.
The Swedish business register provides information on, for example: company names and addresses registration number company officers (including members of the board) annual accounts articles of association registration certificates bankruptcy.
Applicable income threshold in the area of criminal justice for victims The law does not prescribe a specific threshold.
In order to receive an opinion, an application must be submitted to the Commissioner containing a description of the facts suggesting that discrimination has taken place.
Refugee Advice Centre The Refugee Advice Centre is an NGO that provides legal aid and advice to asylum seekers, refugees and other foreigners in Finland.
For Luxembourgish and German the level of proficiency required is level B2 of the Common European Framework of Reference in oral comprehension, level B1 in oral expression and, for German only, level B2 in written comprehension.
Maintenance ordered by the court for children who have reached majority but are not financially independent is paid direct to those children.
The Council is responsible for the recruitment, selection and training of judicial and court officials.
What do business registers in France offer?
The goods are placed under the control of the court.
Juvenile cases are free of charge.
The judge of attachments decides whether these conditions have been met, but the court subsequently hearing the case will not be bound by this decision.
Parties have the right to choose their mediator freely.
Sources of law In Italy, as in every modern democracy, the political system is based on the separation of powers between the legislature, the executive and the judiciary.
Brief summary of contents Data bases on legislation.
Stage of the civil proceedings where fixed costs for litigants must be paid In the event of an acquittal, the procedural costs are reimbursed by the State.
In cases involving wills, the capacity of the testator to make a will is determined by the law of the testators' domicile on the date of the will.
A legatee will have capacity to receive movables if he has capacity under either the law of his own domicile or under the law of the domicile of the testator'.
A simplified compulsory settlement does not have any effect on priority or secured claims, nor on claims for taxes and contributions.
As the central level of the executive, it has most experience of the implementation of legislation and possesses direct knowledge of where new statutory provisions are needed in practice.
Appeal against the Tribunal's decisions can be made to the Court of Appeal.
From the time of freezing until the full payment of obligations stated in the enforceable order, the third party subject to attachment will not make any payment or conduct any operation that is likely to reduce the frozen assets.
Foreign law is applied in accordance with its interpretation and application in practice in the country concerned.
As regards fiscal obligations, under Article 51(1) of the Commercial Registry Code, no act subject to charges of a fiscal nature may be definitively registered without the tax duties being paid or secured.
If the debtor’s obligation involves an action rather than the payment of money or surrender of an asset, it may require the performance of an ‘actual act’ (feitelijke handeling, an act that has a legal consequence regardless of whether this was intended) or a juristic act (rechtshandeling, an act with an intended legal consequence).
The purpose of serving official documents is to inform addressees of the content of the documents, but in a manner that also enables senders to prove that the documents were transmitted to the addressees.
The daughter receives half the inheritance while the grandchildren have to share the other half between them — that is, the half that would otherwise have gone to their father.
A party may challenge the decision of a district court (okresní soud) or the decision of a regional court (krajský soud) rendered in first instance proceedings by a judgement, unless the law excludes that (see Section 201 of Act No 99/1963, Code of Civil Procedure, as amended).
The lodgement may also be revised or supplemented after the lodgement date.
If a young criminal has reached the age of 16, a judge of the juvenile court may, in specific circumstances, decline jurisdiction.
3.5.2 Unmarried/Cohabiting couples and partnerships The Private International Law and Procedure Act does not contain any special provisions concerning unmarried/cohabiting couples.
The liquidator therefore undertakes the administration of his assets.
An Act of Assembly is a law, enforced in all areas of Wales, where it is applicable.
According to the national conflict-of-law rules, in divorce and legal separation the common national law of the spouses is applicable.
Time has repercussions in the legal world.
In that case, the questions directed at the witness, together with his answers, shall be put in writing, and the witness shall sign the evidence or put the mark of a cross instead of the signature.
Every creditor must bear its own costs for participating in insolvency proceedings.
In accordance with its case-law, the Commission can grant emergency assistance solely for medical costs (minimum of €500) that are payable by the victim (after any insurance companies have made or refused to make their contribution).
Therefore, as a general rule, a child cannot be taken abroad without the other parent’s consent.
The term for waiver of right of succession is three months.
It makes no difference in this respect whether the matter involves proceedings initiated by writ of summons, proceedings initiated by application or summary proceedings, a procedure for an interim injunction or, for example, proceedings in default for failure to appear.
Judicial system In Lithuania there are 56 ordinary courts and six specialised (administrative) courts.
Where the procedure relates to a claim to money, the sum must be precisely defined.
When addressing particular cases, no court may apply such an instrument, and the courts are authorised not to apply any legal instrument that is in conflict with the Constitution.
The provincial courts (Audiencias Provinciales) comprise one president and two or more judges.
You can fill in all the forms online.
Complaint processing: Anyone can lodge a complaint about job advertisements and other employee recruitment methods that do not guarantee the right to equality between men and women in access to employment.
The exemption applies only to the extent that the account has a balance that does not exceed, during the period from ordering the enforcement until the day of payment, the amount of the claim exempted from enforcement.
The documents supporting the claim and any grounds for preferential ranking are to be attached to the application no later than the deadline set for the submission of the application itself.
Applications that are made under Article 55 of the EU Maintenance Regulation or Article 2(1) and 2(2) of the UN Convention of 1956 by an entitled party who is resident in Germany must be submitted to the requested Central Authority by sending them to the Federal Office of Justice in Bonn.
If the litigant who has won costs lives away from the place of the trial, the procedural agent's expenses may be reimbursed, even if the involvement of a procedural agent is not mandatory.
First-instance proceedings in criminal cases are conducted by regional courts if the legally prescribed penalty for the offences involved is a minimum of five years' imprisonment, or if a special penalty may be imposed.
The work is funded by the Scottish Government.
According to Article 3 of Presidential Decree 142/2013: ‘The court shall decide of its own motion or at the request of a party whether a videoconference should be held for a specific case.
A completed form may be sent unsigned or signed with a certified electronic signature using a certified certificate.
Lords Justices of Appeal sit in the Court of Appeal, which deals with both criminal and civil cases.
Where there are no heirs, the inheritance is considered vacant, and a certificate of succession vacancy is issued.
There are certain facts that need not be proved by evidence.
It requires an enforceable title (Article 1386 of the Judicial Code), because it involves an intrusion into the debtor’s personal legal sphere.
In addition, if the court deems that the party's refusal to appear makes it impossible to discharge the burden of proof, it may invert the burden of proof.
The President of the Italian Republic is also president of the CSM.
The Register of Business Enterprise is one of the 14 national registers managed by the Brønnøysund Register Centre.
The assets subject to these measures are movable and immovable assets.
However, where the LBIO takes over collection, the maintenance debtor pays the recovery costs to the LBIO.
The LBIO imposes a surcharge for collection.
In family mediation, the parties can either freely choose a mediator (from the accredited list), and bear the cost of doing so themselves, or the Court Registrar appoints one of the mediators, on a rota basis, from a list forwarded by the Mediation Centre.
Provisions governing claims are laid down in the decision to allow the debt restructuring.
A legal act for which a writ of execution has been obtained and a legal act undertaken within the enforcement process may be contested.
Both fixed and movable property may be attached.
If the court rules in favour of the application, the defendant is obliged to pay the respective court fee or a portion determined by the court, unless he or she is also exempt from the fee.
If the matter concerns a decision delivered in Denmark, the objection has to be filed while it is still before the Court of First Instance while the Court is considering the other party’s petition for its recognition.
13 Can judicial documents, and particularly judgments, be served via the internet?
In this event, the spouses must submit a new proposal for approval by the judge, if applicable.
There is no central authority with responsibility for mediation services.
Factual data is established by the following means: statements by the parties and third persons (directly or through a representative), witness testimonies, written evidence, material evidence, inspection protocols, expert conclusions, legally obtained photographs, video and audio recordings and other pieces of evidence.
If the creditor’s claim is not stated in writing, the security deposit is set bylaw at half the value claimed.
Section 13(6) of the Ombudsman Law provides that the Ombudsman may also initiate cases on his or her own initiative.
There are various counselling services for family, marital and interpersonal relationships.
The Government Plenipotentiary for Persons with Disabilities (Pełnomocnik Rządu ds.
These rules are contained in the Code of Criminal Procedure.
The voters have the opportunity to confirm or reject a law/act adopted by the National Assembly before it is promulgated by the President of the Republic (Predsednik republike).
Consequently, if there are no privileges, hypothecs, or the benefit of the separation of estates, the debtors will rank equally.
The creditors’ procedural expenses are borne by the creditors themselves.
Creditors who have a joint right or whose rights formed a single unified right until the emergence of the grounds for pre‑bankruptcy count as one creditor in the voting.
Where a legal relationship between individuals has elements which connect it with more than one state (an international element) and a dispute arises, the Greek courts do not necessarily apply Greek law and will investigate which law must be applied (the applicable law) on the basis of private international law.
Replies to questionnaire on EAW 2014(1582 Kb) Replies to questionnaire on EAW 2015(1479 Kb) Data is not available for all countries, but the table indicates how frequently the warrant is used.
Minors who have reached the age of 16 may become emancipated by marriage.
An application for a divorce by mutual agreement of the spouses must be filed with the district court (apylinkės teismas) of the place of residence of one of the spouses.
Judicial liquidation All current contracts are in principle maintained.
Partially seizable assets Two-thirds of the net salaries, wages, periodic amounts received as retirement pension or any other social benefits, insurance, accident indemnity, annuity, or payment of any kind that ensure the maintenance debtor's sustenance are unseizable.
When the creditor and the debtor have reached an agreement on the payment, the court acknowledges this fact and issues an expeditious decision.
The expeditious order is final and deemed an enforceable title.
However, such databases do not exist in all Member States.
Every notarised will must be registered in the Central Notary Register of Wills.
In the case of credits, however, the enforcement proceedings do not terminate with the sale but with the allocation of the debtor’s credit to his or her creditor.
In such cases three witnesses must be present.
They testify to the will by their signature after hearing it.
Within 15 days of receiving the report, the party seeking enforcement may inform the bailiff in writing if it does not agree with the contents of the instalment plan, may make recommendations for the contents of the plan and the amount of the instalments, and may request that the debtor provide security for performance.
If the financial circumstances of the grandchildren are unequal, a court may define their obligations to maintain their grandparents, commensurate to the financial situation of each grandchild.
Filings made to an email address should use the HTML format, PLAIN TEXT with coded text coded text - ISO-8559-2, ISO - 8559-1(LATIN-1),Unicode or UTF-8.
In a civil action, you can raise a claim the objective of which is to restore or remedy the condition of well-being infringed by the act forming the subject of the criminal proceedings.
The decision may be enforced once an order on its enforcement has been issued, and enforcement may proceed without the order being served on the parties.
Under Article 5(1) of the Common Rules for the Conditions for Delivery of Postal Items and Postal Parcels (adopted by Decision No 581 of the Communications Regulation Commission of 27 May 2010), the recipient's signature is required upon delivery of items sent by registered mail.
In general, the judge’s function is to hear all of the evidence adduced by the parties and not to engage in a fact-finding mission.
Original documents in a case file may be returned at the request of submitters.
The legal basis for this is provided under national law by Article 36A of Chapter 9 of the Evidence Act, as amended by Act 122(I)/2010.
Territorial jurisdiction in proceedings in cases concerning notarial custody will be had by the court in whose district the notary holding the money, items, or securities in custody has his registered office (Section 334 CMP).
It is not possible to appeal against an order for judicial separation but it may be possible to override it where both parties agree to do so.
Polish case-law goes even further in this respect.
The form of the adoption is subject to the law of the state in which territory it is concluded.
Decree of 14 February 1947, much of which has been amended.
Once these benefits have been returned to the bankruptcy estate, the creditors who are plaintiffs are entitled to preferential settlement from those benefits in proportion to the amount of their established claims.
The full bench (plēnums) is the general assembly of the judges of the Supreme Court.
The competent authority will reach a decision on a claim within 60 days if the claim is complete and in order (if all the required documents were obtained and submitted, all information and evidence necessary to reach a decision).
In general, items such as food, fuel and others which, in the opinion of the court, are essential so that the judgment debtor and their dependents can live with reasonable dignity.
Applications to register a new company, amend its registry data, liquidate it and delete it from the register can be submitted through the portal.
Reimbursement of travelling expenses is added to this amount.
The court spokesperson provides information about the work of the court in accordance with the Courts Act, the Court Rules of Procedure (Sudski poslovnik) and the Freedom of Information Act (Zakon o pravu na pristup informacijama).
The Union of Judges in Bulgaria (SSB) was established in Sofia on 28 March 1997 by 30 founding members, including judges from the Supreme Court of Cassation and provincial and district courts across the country.
An enforcement order may be issued if the enforceable decision contains an obligation (penalty), is final or its interim execution has been ordered, and the deadline for performance has passed.
If a document is not being served on a state body or a legal entity the server serving the document on a person shall, if the person is unknown to them, ask the person to identify themselves to them.
Claims arising from contracts with reciprocal obligations referred to in Articles 61, 62, 68 and 69, if the judge, following a report from the administrator, finds that the creditor repeatedly obstructed fulfilment of the contract to the detriment of the interests of the insolvency proceedings.
All notaries have a legal training and, although most of them may also be solicitors, qualification as a notary is by way of independent and separate examinations.
The central administrative courts operate under the direction of a President (Presiding Judge), assisted by three Vice-Presidents.
Relations between parents and children are governed: By the common national law of the parents; or, failing this, By the law of the place of common habitual residence of the parents; or, if the parents habitually reside in different States, By the personal law of the child.
Mediation is a separate procedure from legal proceedings.
Under a precautionary measure, a court may establish a charge on the debtor's belongings, rights or other assets in order to secure a monetary claim of the creditor where it is feared that enforcement will be compromised.
An enforceability clause is incorporated ex officio into titles issued in the proceedings which have, or could have, been instituted ex officio.
Lawyers Lawyers’ fees are governed by an implementing decree of the Ministry of Justice of the Slovak Republic (No 655/2004 on lawyers’ fees and compensation for the provision of legal services) – an English version is available on the website of the Slovak Bar Association.
The trustee must be notified of all their claims against the debtor that had arisen before bankruptcy was declared, regardless of the grounds or the due dates for fulfilling the claims.
11 Which claims are to be lodged against the debtor's insolvency estate and how are claims arising after the opening of insolvency proceedings treated?
Older data is available on paper only.
The appeal periods have the effect of suspending attachment in execution of a judgment (but not precautionary attachment) in cases where a party has been ordered to pay a sum of money.
From that point onwards, the volunteer will remain in constant and regular contact with the victim throughout the whole process of the victim’s recovery from the effects of the crime undergone.
By virtue of the closure of the proceedings, the delegated judge, the court‑appointed administrator or liquidator and all the persons who assisted them are discharged of any duties or liabilities relating to the proceedings, the debtor and the debtor’s estate, creditors, holders of preference rights, shareholders or partners.
(EUR 311.30) Applicable income threshold in the area of criminal justice for defendants The income threshold for defendants wishing to be assisted by an ex officio counsel in the area of criminal justice is not laid down.
For some disputes there are special courts with exclusive jurisdiction.
In civil proceedings a panel consisting of one professional judge and two associate judges may sit in cases defined by law.
The law provides that the statement must indicate the parent’s consent to the trip concerned to the country(ies) of destination and to the travel period.
In criminal proceedings, experts’ fees form part of the court costs (Section 381(1) of the Code of Criminal Procedure) which according to Section 389(1) of the Code of Criminal Procedure must be borne by the convicted person.
Complaints cannot relate to the functioning of the administration in general.
The essence of a witness's testimony is recorded.
4 Can a request be made on behalf of a relative (if yes, what grade), or a child?
5 If I plan to bring the case to court, how do I know which court has jurisdiction?
Extinguishment or cessation of interest credit From the time it arises, interest credit is not necessarily dependant on the principal credit.
One can be transferred or cancelled without the other.
Under the Constitution, the President may issue: special decrees in the event of urgent national need and if it is impossible to convene Parliament; emergency decrees in the event of urgent national need, where the Government has declared a state of emergency and if it is impossible to convene Parliament or there is not enough time for Parliament to be convened.
Bankruptcy A claim in bankruptcy means a debt owed by the debtor and based on a legal basis that has arisen before the beginning of bankruptcy.
An authentic instrument is an instrument that has been executed in the statutory form by a competent public officer (for example a notary or a registrar) and is considered by the parties and by third parties to be conclusive evidence of the agreement contained therein.
Courts concerned Judgements of all courts can be found on the website using the Search facility, Dutch judiciary and the Supreme Court of the Netherlands.
As a rule, a maintenance obligation arises from various kinds of family relationships.
A contact point has also been appointed for matters of jurisdiction.
What does the Swedish land register offer?
In criminal matters and cases involving minors the court appoints the mediator.
The procedure is conducted in court.
The Ombudsman may NOT intervene in the following situations: Where there has been no intervention on the part of public authorities.
In the case of conflicts between individuals.
Where more than one year has passed since the individual became aware of the facts relating to the complaint.
In the case of anonymous complaints without specific claims, which are in bad faith or the processing of which may harm the legitimate rights of a third party.
2 What are the conditions under which such measures may be issued?
A transaction that could be reversed if a bankruptcy application had been filed instead of a restructuring application may be reversed on the request of the creditor in the restructuring proceedings on the same grounds as provided in the Act on the Recovery of Assets to a Bankruptcy Estate.
The court will release the trustee when the bankruptcy proceedings are closed, unless otherwise provided for by law.
An appeal against an order for the enforcement of a decision may only be on the grounds that the enforceable title is not enforceable, or that circumstances arising since the inception of the enforceable title have resulted in the extinction of the obligation.
The District Court in whose district a minor child resides is the competent court for lodging applications on parental rights and obligations.
In property auctions, the sale to the highest bidder must be made for minimum amounts in proportion to the appraisal value of the asset or the amount of the debt.
Responsibility for the accuracy of the records The notifier is responsible for the accuracy of the reported information, see Section 8 of the Notification Order [anmeldelsesbekendtgørelsen], and Section 15(2) of the Companies Act.
The head of household may ask heirs or a third person to hand over assets he or she is to administer which they have in their possession.
One specific template is used for all court decisions, comprising the national coat of arms, court, judiciary name, sitting date, case reference number, litigants involved in the case (A vs B) followed by the actual text of the court judgment.
Remedies This refers to the means provided by law to a person to enable them to challenge the decision of a criminal court.
The debtor is required to cooperate with and provide information to the court, the insolvency practitioner and the committee of the creditors.
The preparation proceeds orally, with one judge presiding at the meeting.
When a court determines that the conditions for sale are met, it announces that the auction will commence.
3.2 The main conditions See point 2.
The court procedure followed is that laid down for matrimonial disputes, which was amended by Law 4055/2012.
In labour proceedings, for example, exclusive competence lies with the administrative and labour court having jurisdiction in the area where the seat of the employer is located or where the branch of the employer where the employee performs or performed work under its employment contract is located.
Nevertheless, the heirs may agree on differing levels of shares in succession only where this possibility has been expressly conceded by the testator.
Related links Organisation of justice – Austria
Legal databases For legislation: Official State Gazette.
For case-law: Legal Documentation Centre.
Is access to these databases free of charge?
Revision of the amount In the event of any change in circumstances, the maintenance allowance can be revised upwards or downwards and even revoked.
This means, for example, in the event of a purchase, the purchase document, among other things, must be submitted.
The applicant must summarily prove the right relating to the goods and the facts on which the fear of their loss or dissipation are based.
Upon the dissolution of their marriage a child’s parents may mutually agree on the maintenance of a child, but if the parents fail to reach agreement the dispute is settled by the court during the divorce proceedings.
In procedures before commercial courts, small claims procedures are disputes in which the claim is for an amount of no more than HRK 50 000.
Under Law 3226/2004, legal aid is provided to citizens with low income in civil cases (if their annual family income is not more than 2/3 of the minimum annual income established in the national general collective labour contract).
The National Judicial Council The National Judicial Council (NJC) is the body that supervises the central administration of the courts.
Unreasonable behaviour and cruelty of the spouse.
Fixed costs Fixed costs in civil proceedings Fixed costs for litigants in civil proceedings All categories of fees are set out in the respective regulations, and are determined in various ways: Court fees are governed by Act No 71/1992 on court fees and copies of entries in the criminal records, as amended (“Act on Court Fees”).
For suspects provisionally released in advance of their trial, this decision enables responsibility for non-custodial supervision to be transferred to the country where they normally live.
The obligation to institute criminal proceedings helps to ensure the independence of the public prosecution service in carrying out its work and also underpins the equality of all people before the law.
The 15-day period for persons on whom a Decision must be served in accordance with the ZFPPIPP starts running from the day of serving the Decision; for other persons, the 15-day period starts running from the day the Decision is published.
No, there is no upper limit.
Otherwise, the entitlement to payment is forfeited.
A search item is any of the following information in a land register part opened for any registered property: digital data in Part 1 (Composition of the property); digital data in Part 2 (Owner); digital data in Parts 3 (Encumbrances and restrictions) and 4 (Mortgages).
The closing of the proceedings is appropriate if there is no reasonable indication of the act giving rise to the court case having been committed, if the act did not constitute a crime or if those tried as perpetrators, accomplices or accessories appear to be exempt from criminal liability.
The other is the Italgiure DB system, which is accessible through the same portal.
At national level The Charter of Fundamental Rights of the European Union applies to Member States only when they are implementing EU law.
Videoconferencing Equipment - Sound 3.3.
The regular enforcement procedures apply (court enforcement) with the exception of enforcement of decisions on personal care (if a child is to be returned to the parent who under the decision has the right of personal care).
The addressee referred to above is the person for whom the document is intended, his or her legal representative (Section 170 of the German Code of Civil Procedure), or his or her authorised recipient (Section 171 of the German Code of Civil Procedure).
However, in proceedings involving criminal cases, minor offences and tax offences, judicial clerks are authorised to hand down recommendations and, in the cases stipulated by law, decisions and orders.
A judgment given in a Member State and enforceable in that State shall be enforced in another Member State without any declaration of enforceability being required.
An inheritance tax form will have to be submitted as part of the confirmation process in Scotland, even if no Inheritance Tax is due.
The capacity for marriage and consent are subject to the national law of each of the spouses (Article 9.1 of the Civil Code.).
In public mediation, the parties can choose a mediator from a list of selected public mediators.
Impeding facts are those which act as obstacles to the effective establishment of the right.
However, a party whose financial situation does not allow that person to pay the fee may apply to the court for full or partial exemption from the court costs, and may also request the court to appoint a lawyer ex officio for him or her.
There are also three mobile videoconference equipment sets available which courts can use at local or other courts.
Stage of the criminal proceeding where fixed costs must be paid If the court decides that the defendant must reimburse the State the public funds spent pursuant to the court decision on remuneration for his or her defence counsel or counsel for the aggrieved person, the amount is paid after the verdict has been pronounced.
If the addressee does not collect the document by that deadline, the server once again attempts to serve the document on the addressee.
Article 17 – Central body or competent authority(ies) responsible for decisions on requests for direct taking of evidence Ministry of Justice Directorate for International Law and Judicial Cooperation Service for international judicial cooperation in civil matters Str.
These were widely used but had two main drawbacks: they were merely a register of charges, not of ownership, and they were kept in chronological order.
After opening compulsory settlement proceedings, the debtor may only take loans with the court’s consent and they are capped at the total value of liquid assets required for financing regular business operations and for covering the costs of compulsory settlement proceedings.
All other foreign documents must be certified by the Greek consular authority in the country of origin of the document or by the country’s consular authority in Greece.
Non-adversarial matters In non-adversarial matters (Section 3 CMP), a court designated by the Act has territorial jurisdiction.
However, for other categories of property this rule may include exceptions provided for in special legal provisions.
The Belgian legal system differentiates between civil law and commercial law.
This may be a judicial decision, an authentic instrument, a writ of execution from the tax authorities, a foreign judgment with exequatur, etc.
In addition to laying down conditions binding on the liable parent, the maintenance obligation to the child also determines property relations and the reasonable needs of the child, which primarily depends on his/her age and state of health.
In other words, together they receive the portion that would have passed to that person if they had survived the deceased.
One of the following is required: Either spouse was domiciled in Ireland on the date of the institution of the proceedings Either spouse was ordinarily resident in Ireland for 1 year on that date Either spouse died before that date and was domiciled in Ireland at the time of death or had been ordinarily resident in Ireland for 1 year on that date.
Related Links European Business Register
The debtor carries out the registration and ranking of claims in collaboration with the administrator and with the involvement of the administrator prepares a programme and a proposal for composition negotiations for the purpose of obtaining a composition aimed at restoring or preserving solvency.
By notifying a claim, the creditor obtains the right to perform procedural acts in the main insolvency proceedings.
Cases are heard by a single judge and there is no jury.
1.6 Statement of opposition A written statement of opposition is to be lodged with the court that issued the order for payment.
The applicant or the competent authority of the Member State in which the applicant is domiciled or habitually resident (transmitting authority) forward the application for legal aid in Croatia to the Ministry of Justice (the receiving authority).
Interim measures can relate to a person’s entire movable assets.
If none of the deceased's grandparents inherits, in the fifth succession class inheritance passes to the grandparents of the deceased's parents (i.e. the great grandparents).
Either spouse or both spouses together can file for divorce.
If a person can be examined under civil procedural law, this is also possible in principle by videoconference.
If the addressee cannot be reached at the address indicated, the registered item will not be delivered.
In principle, the creditor may subsequently receive payment in respect of his or her claim only if fresh resources become available (ex post distribution, efterutdelning).
He or she may also, in certain circumstances, refuse to disclose trade secrets.
The estate distributor must endeavour to ensure that the beneficiaries agree on the distribution.
Where matrimonial proceedings have already been commenced in the Circuit Court or the High Court, it is necessary to make applications there regardless of the amount sought.
This provides for: a reciprocal maintenance obligation between partners.
Case law available in Scotland Much of the case law from courts in the Scottish jurisdiction of the UK is available to the public.
If the applicant proves that due to his or her financial situation, he or she is entitled to full personal exemption from costs under Hungarian law, the applicant will not have to pay the costs even if he or she loses the case.
Article 22(1) of the ZARSS provides that mediation in disputes concerning the relationship between parents and children is free of charge because fees for the mediator and his/her travelling costs are covered in full by the court - not by the parties.
Mandatory ratification of the agreement Once the agreement has been obtained as a result of the mediation, in order for it to be binding and enforceable, the parties must apply for its ratification by the court or the civil registry registrar, as the case may be.
1 What are the types of deadlines relevant for civil procedures?
If the ombudsman finds that the principle of gender equality has been violated, he is authorised to submit a request for constitutional review of the law or the review of constitutionality and legality of other regulations.
For example, these can be banks which are regarded as well-informed entities and have the required information, infrastructure and staff to put forth a plan for financial restructuring of the insolvent debtor.
If documents are to be served personally, they are served with an acknowledgement of receipt – i.e. an acknowledgment confirming receipt by the addressee of the document set out on that acknowledgment.
National Law(1069 Kb) FINDING COMPETENT COURTS/AUTHORITIESThe search tool below will help you to identify court(s)/authority(ies) competent for a specific European legal instrument.
Thus, users only have the option of selecting, via a calendar, the publication date and number of the Official Gazette (for each Part).
The application (of objection) must state the items listed below.
The Act on Special Court Proceedings (Act No 292/2013, as amended) regulates a special preliminary ruling for a case in which a minor is in a situation of a lack of proper care irrespective of whether there is or is not a person who has the right to care for the child, or if the life of the child, his/her normal development or other important interest is seriously threatened or has been disrupted.
A contract to the effect that the debtor is liable on the basis of or in connection with the debt adjustment shall be void, unless the liability has been prescribed in the payment schedule or is based on law.
The prosecutor leads an investigation as supervising prosecutor.
Denmark does not maintain an insolvency register.
Immovable and movable property of children below the age of majority, except for perishables, may be alienated, encumbered with liens or, generally, disposed of with permission from the district court at their habitual residence only if necessary or obviously to the benefit to the children.
Evidence means objects, documents or data which could be produced as evidence in criminal proceedings.
Where the claim originates from some of the deeds under Article 417 CPC, there is no upper limit in terms of its amount.
Forms and further details are available from the Supreme Court Registry, CONTACT_INFO.
The remuneration of mediators and their refundable expenses are set out in the Regulation of the Minister of Justice of 30 November 2003.
The application for administration is made pursuant to Chapter 189 including, but not limited to, Articles 18, 19, 20, 29, 49 and Chapter 192.
If the spouses are divorced, there is no right to an inheritance.
The difference between inheritance and legacy is set out in the answer to the following question.
The court decides which evidence should be taken for the purpose of establishing the decisive facts (second paragraph of Article 213 and Article 287 of the ZPP).
Will the decision of the court be enforced in the other EU country?
The basic rule of territorial jurisdiction is the place where the defendant resides.
For deciding in collective labour disputes in which an employer is a party, the court with general territorial jurisdiction for the employer has territorial jurisdiction.
At the judicial enforcement officer’s request, the seizure may be noted in the Trade Register (registrul comerţului), in the Electronic Archive of Real Estate Collateral (Arhiva Electronică de Garanţii Reale Mobiliare), in the inheritance book (registrul succesoral) kept by the Chamber of Notary Publics (camera notarilor publici) or in other public records.
It is a multilingual institution, as each of the official languages of the European Union can be the language of a case.
Distress for rent refers to the seizing of a tenant’s goods by a landlord to secure payment of rent arrears without the intervention of the court.
Publication of information therein constitutes its official publication.
Some pages also provide certain information in English.
No state body has the authority to interfere in the work or judgments of judges in the constitutional, specialised and general courts.
The whole point of the small claims procedure is to facilitate the bringing of a claim without the need for a solicitor or barrister.
‘Residence’ means any other establishment, such as the place at which the person has an office or operates a business or industry.
There is also additional national legislation on its functions in the Act on the Central Authority in Finland in Certain International Matters Relating to Maintenance (1076/2010).
An administrator in bankruptcy proceedings is a legal person appointed by a court, authorised to carry out the tasks of an insolvency practitioner.
Effectively the retention period is therefore one year, subject to manual check and automatic renewal.
If, in cases provided by the Lithuanian Civil Code (Lietuvos Respublikos civilinis kodeksas) or other laws, the court calls witnesses (liudytojai) and experts (ekspertai) on its own initiative, the expenses are payable from the state budget.
If a mandatory heir asserts the right to a reserved share, the other heirs may reach an agreement with that heir on the settlement of the reserved share (a severance payment).
Applications may also be sent by post to the office of the clerk of court.
No changes to the data are made.
The restructuring programme shall be prepared on the basis of the entire assets of the debtor at the time of the proceedings.
Webinars on intellectual property (OHIM Academy) Intellectual property (IP) rights are the legal rights which protect creations of the human mind.
Each witness must be heard separately.
If the estate declines to respond to the action, and the debtor is not willing to resume the proceedings, the plaintiff may request that the case be resolved.
The Human Rights Ombudsman operates on the basis of the 1994 Human Rights Ombudsman Act (Zakon o Varuhu človekovih pravic).
Grandchildren are liable to their grandparents The obligation to maintain grandparents, if necessary, likewise lies upon all the grandchildren in equal measure.
Their decisions are subject to appeal before the relevant provincial court.
Attorneys’ fees must be paid after the court issues an order on the costs of the proceeding.
(5) The charges for providing copies and/or information, regardless of the method of delivery, may not exceed the administrative costs incurred for the provision thereof.'
More specifically, the insolvency proceedings are terminated upon liquidation of the assets, and the administrator will submit a report within one month.
In both civil and criminal cases these courts deal only with appeals (i.e. at second instance).
The duty of a notary is to execute preventive justice and issue authenticated official acts.
Applicable income threshold in the area of criminal justice for victims Legal aid is not available to victims of crime.
If the spouses are citizens of different states, the law of the state where they are domiciled is the applicable law.
2.2 The main conditions An interim measure may be ordered: if provisional arrangements need to be in place to govern the parties’ relations; if there is concern that the enforcement of a judicial ruling will be compromised; to govern relations on a provisional basis.
Since 2011, at least one court room at every district court (11 locations) in Slovenia has been supplied with all the necessary equipment for a videoconference and for recording such connections.
Is access to the register of translators free of charge?
There are no specialised courts in the Czech Republic (see the response to question 1).
Bailiff’s fees Official acts performed by bailiffs are subject to fixed fees, which may be charged to the debtor.
Otherwise, based on the application of Article 3 (c) and (d) of the Regulation on Maintenance Obligations, proceedings in the Czech Republic may be brought to the court which has jurisdiction to entertain proceedings to determine paternity or the court which has jurisdiction to entertain proceedings concerning parental responsibility, unless that jurisdiction is based solely on the nationality of one of the parties.
Bulgaria: factsheet on the National Institute of Justice(146 Kb) Czech Republic: factsheet on the Judicial Academy(124 Kb) Denmark: factsheet on the Court Administration(120 Kb) Germany:The German Judicial Academy is responsible for continuous training of all judges and public prosecutors at national level.
Access to Riigi Teataja and to all legal information services is free of charge for users.
Enforcement against immovable property Compulsory enforcement against the debtor’s immovable property takes the form of a mortgage entered in the land register, or forced sale or receivership of the property.
Civil status In matters relating to supplementation, registration, cancellation or modification of civil status registers or of certificates to be registered or already registered in them, the court within the jurisdiction of which the certificate has been or is to be registered has jurisdiction (Article 263 of the Code of Civil Procedure).
Allegations of breaches of the Code of Conduct are investigated by the Professional Practices Committee of the Bar Council, which includes non-members of the Bar.
Heirs inherit the estate of the deceased in total or in part, i.e. the assets they are to inherit are not predetermined.
Under the laws of the Czech Republic, a court serves written documents during a hearing or in the course of another court action.
Likewise, the court may allow the wife to refrain from using the husband’s surname where such use may be to her detriment.
Interim measures: Article 76 of the Code of Civil Procedure provides that an interim measure may order a party, for example, to pay maintenance, to lodge a sum of money with the court, to place an item in the custody of the court, not to dispose of certain items or rights, to do something, to refrain from doing something, or to allow something to be done.
Ordinarily, a period of at least 1 week applies.
There is no difference between the constitutional position of the legitimate child and the legitimated child.
These are the most important Swedish rules on exclusive jurisdiction: Most property law disputes must be dealt with by the court in the place where the property is located.
Entries in the announcement register can be searched using the following parameters: Announcement type Subject of announcement Business ID / date of birth / year of birth Due date Domicile Case number issued by district court An unrestricted keyword search is available in the paid database of the Official Gazette.
It offers drug addicts convicted of non-violent crimes, an opportunity to escape the cycle of drugs, crime and prison.
Its protocol contains rules on obtaining information on bank accounts and banking transactions.
This legal principle has various exceptions laid down therein and in other specific legal provisions.
Applicable income threshold in the area of criminal justice for victims The applicable threshold is the same as for other parties in criminal proceedings (see above).
Where claims held by the debtor against a third party are attached and assigned, the third party may no longer pay the debtor; he can pay a claim that has been assigned to a creditor for deduction from the debtor’s claim only to the creditor, and this releases him from his own debt.
The communities and regions may draw up acts, called decrees (ordinances in the Brussels-Capital Region).
Exceptional constitutional reviews were introduced on 1 March 2010, with the entry into force of the ‘preliminary question of constitutionality’ (question prioritaire de constitutionnalité).
Pursuant to Section 10a of Ministry of Justice Instruction No 505/2001, the chairman of a panel of judges (a sole judge) may use technical equipment for video and audio transmission ('a videophone') in order to hear a witness or an expert if this is appropriate from the point of view of protecting the rights or ensuring the safety of persons or necessary for security or other compelling reasons, and if it is technically possible.
The law of the country of domicile of a natural person applies to their passive and active legal capacity, but a change of domicile does not restrict the active legal capacity already acquired (Sections 12(1)-(2) of the PILA).
Regional courts in Poland have civil family divisions competent to hear, in particular, cases for divorce, legal separation and termination of legal separation, for the annulment of marriage, for establishing the existence or non-existence of marriage, or for declaring the enforceability of judgments of foreign courts in family cases.
Access to information on natural persons, estates and companies from the registers managed by the Swedish Companies Registration Office is accessible from an Internet search engine.
The register is a database maintained by the Land Registry and Estates Department (Administration de l’Enregistrement et des Domaines) (also see below).
Where can I find information on the average length of time that different procedings take?
An optional prior viewing of the property may be arranged.
During a liquidation proceeding each creditor may assert a claim against the debtor only by registering for the proceeding, no set-off can be invoked out of court, except for close-out netting applied on the basis of international trade conventions.
In such a case, the court with jurisdiction is the divorce court.
Parents exercise parental responsibility in mutual agreement.
Bankruptcy Disbursements to the creditors in bankruptcy shall be paid out in accordance with the certified disbursement list.
In all cases, the interpreter will be required to take an oath or swear to tell the truth and act with the greatest possible objectivity in the performance of his or her duties.
1.5.51.1.16 – Constitutional justice – Decisions – Type of Constitutional Court decision – Theoretical review procedure – Call on the legislator to harmonise a regulation with the Constitution/law.
The objective of the European e-Justice Portal The European e-Justice Portal is conceived as a "one-stop (electronic) shop" for information on European justice and access to European judicial procedures.
A decision will be made within 30 days of the receipt of the last document.
A judge must supervise candidate judges, candidate assistant judges and university student trainees undergoing their preparatory service.
The rules on territorial jurisdiction are the same as the rules that apply to the Courts of First Instance hearing family law matters in the absence of a specialised Family Court in the district in question.
History of the insolvency information service The Estonian insolvency service has been available since 1 September 1995.
The charge is €1 for each search of a search item.
If the addressee refuses to accept the copy, the bailiff records this in the notice of service.
In this case, the document is regarded as having been served on the date of presentation to the addressee.
The constitution confers a general authorisation to make implementing regulations fleshing out the rules laid down in more general provisions, usually in statute law.
In this case the documents are deemed to have been served at the moment that the addressee actually picks up the documents (Article 139(5) ZPP).
Code of Criminal Procedure, Article 29(1) and Article 40.
Under Section 269(2) of the Code of Civil Procedure, a participant in a proceeding must take the following oath before giving testimony: "I, (name), swear by my honour and conscience that I shall disclose the whole truth about the matter without concealing, adding or changing anything."
However, in some cases the manner in which a party becomes aware of the judgment influences the start of the time limit for seeking a legal remedy, e.g. for lodging an objection.
BUSINESS REORGANISATION There are no general rules for the notification of claims in the event of business reorganisation.
Other special courts There is no constitutional court or anything similar in Sweden.
A witness bound by professional secrecy cannot reveal secret and confidential information, except in certain circumstances according to the particular law applicable to the case.
Since 24 September 2013, all legal instruments are given the issuing body’s digital stamp and a time stamp when they are published in Riigi Teataja.
6 Short description of the procedure to settle a succession under national law, including the winding-up of the estate and sharing out of the assets (this includes information whether the succession procedure is initiated by a court or other competent authority on its own motion) The notarial succession procedure is opened on request.
Where the child has more than one nationality other than Romanian, the law of citizenship which is most favourable to him/her applies.
Care and protection cases and civil guardianship cases may be treated as emergency procedures when a delay may adversely affect the interests of the child.
Interim aid may be granted before the legal ruling ending criminal proceedings against which no further remedy is available is handed down, provided the precarious financial situation in which you as victim or your beneficiaries were left has been demonstrated.
The authority takes this into account automatically, not at the request of a party or as a result of a plea being raised.
Unless the law or a special legal regulation stipulates other requirements for a summons, the summons must contain the following information: the case in which the person summoned is to appear, the subject, place and starting time of the court action, the reason for the summons, the status of the summoned person in the proceedings, the obligations of a summoned person during the court action and, where appropriate, the expected duration of that action.
Asylum and Refugee Office (Oficina de Asilo y Refugio) The Asylum and Refugee Office (OAR) is part of the Ministry of the Interior and is in charge of drawing up proposals to grant authorisation or permits to remain in Spain in accordance with legislation governing the right of asylum.
Mediation in civil cases Chapter 27 of the Administration of Justice Act sets out rules on court mediation in civil cases pending before a district court, a High Court or the Maritime and Commercial Court.
The same applies to the lodging of a document by a soldier with unit headquarters, by a person deprived of liberty with the administration of their prison or by a member of the crew of a Polish sea-going vessel with the captain of that vessel.
A separate settlement from the debtor’s share may be requested for the settlement of liabilities stemming from such relationship.
Presided over by a judge or a magistrate Partition of Inheritances Tribunal First instance This Tribunal hears and decides on cases related to the partition of property held in common by the heirs of a deceased person.
Specialised courts The Constitutional Court Second instance Appeal This court hears appeals concerning cases relating to alleged breaches of human rights, interpretations of the Constitution and invalidity of laws.
Anyone who fulfils the requirements for appointment to the position of judge can also be appointed a public prosecutor.
Under Article 146 of the Belgian Constitution, no extraordinary courts or commissions may be created, no matter what they may be called.
Persons not entered on these lists, but with particular experience or qualifications in the light of the case, may also be designated.
The fees are charged by reference to a list of court fees.
The Supreme Court monitors and assesses the final judgments by courts in civil and criminal proceedings, and on the basis thereof, in the interests of consistent decision-making by the courts, delivers opinions concerning decision-making by the courts in particular types of case.
The body with authority over the public authority against which the complaint is directed or, if there is no such body, the government of the Slovak Republic is required under paragraph 3 to inform the Public Defender of Rights, within 20 days of receiving notice, of the measures which it has taken in this matter.
The Administration of the Maintenance Guarantee Fund provides legal aid and representation before Latvian courts and enforcing bodies to domestic maintenance creditors and to foreign creditors entitled to legal aid under the Regulation.
Under current arrangements for European small claims procedures, Regulation No 861/2007) is applied if the value of the claim does not exceed EUR 2 000 at the time the claim form is received by the court or tribunal with jurisdiction, excluding all interest, expenses and fees.
Closure of bankruptcy proceedings against a legal person Bankruptcy proceedings against a legal person are closed by a decision on the closure of bankruptcy proceedings.
The law also allows a spouse entitled to maintenance to register a judgment mortgage or apply for seizure of the assets of the spouse required to pay support.
Yes, it is possible to appeal against a decision relating to parental responsibility.
Fixed costs in criminal proceedings Fixed costs for litigants in criminal proceedings No costs are incurred in criminal proceedings.
The Judicial Appointments Advisory Board (JAAB) was established pursuant to the Court and Courts Officers Act 1995.
The forms used for the procedure can also be found on this website.
If the obligor has several accounts, funds up to EUR 165 on just one bank account are not subject to enforcement.
Some of the County Administrative Boards' websites, however, contain more information on notaries public.
1.5 Rules concerning the taking of evidence Are certain rules concerning the taking of evidence relaxed compared with the ordinary procedure ?
Where the spouses are nationals of different states and have never had a common place of residence, the governing law will be the law of the state in which the marriage was contracted.
A registered estate inventory is important in civil law.
As regards trusts, the (Ratifying) Law Applicable to Trusts and on their Recognition of 2017 (Law 15(III)/2017), which ratified the Hague Convention of 1985,,applies.
Family administrators carry out preparatory and collaborative tasks for the court in the course of debt settlement before the court, enforce the court’s decisions, support the debtor, oversee the management of the debtor’s household, sell the debtor’s commercially valuable assets and pay the creditors.
Example: The testator is survived by a niece and a nephew.
Article 42(4) of the Code of Civil Procedure allows communications to be served on a party in a civil or commercial case by email.
They order or refuse entries, endorsements and removals from the property register and decide whether references and certificates are issued; they perform notarial and other deeds laid down by law.
Yes, access to information about mediators is free of charge.
The application fee is currently SEK 450 (approximately EUR 50).
This provides access to information about courts, court proceedings, judgments of the administrative courts and other courts, and other miscellaneous information.
The Bulgarian property register is owned and managed by the Registry Agency, within the framework of what is called the ‘personal entry system’.
A judgment of an appeal court cannot be appealed on point of law, and takes effect when it is pronounced or, if it is adjudicated by written procedure, the date on which it is drawn up.
The proposed Directive and Regulation are currently being negotiated, adapted and finalised during the legislative process by the European legislator – the Council and the Parliament.
This information must be provided in January of each year.
If the request for enforcement is accepted, the bailiff sends a warrant and a summons to the parent or person with whom the minor is staying, informing him/her of a date on which to appear with the minor in order for the minor to be taken into the charge of the person claiming entitlement, or ordering him/her to allow the other parent to exercise their right to personal relations with the minor.
The court official is a specially trained member of the judicial staff.
Besides the general particulars, an application to secure evidence must include a description of the facts that are to be the subject of the evidence-taking.
Where this law provides that spouses may choose a law to govern their proprietary agreements, the law they choose applies.
The competence rule in the special procedure for orders for payment is supplemented by the general rules of competence according to value.
Documents for members of the armed forces who do not have accommodation in buildings owned by the armed forces are served directly.
In any particular case, an enforcement agent may conduct measures in the entire Republic of Slovenia.
3.4.2 Adoption Conditions for and termination of adoption are decided by the law of the State of which the adopter and adoptee are nationals.
In accordance with Article 208 of the Code of Civil Procedure, the sanctioning of a failure to submit a defence in the period laid down by law is the same regardless of the manner in which it is submitted.
The Minister for Justice is also empowered to dismiss notaries.
Authorities designated for the purpose of certifying authentic instruments (Art. 25) It is the responsibility of the authorising notary, or his legal representative or replacement for this dossier, to issue the certificate provided for in Article 25(1) and in Annex III to Regulation (EC) No 805/2004.
Cases relating to undisputed enforcement of obligations (saistību bezstrīdus piespiedu izpildīšana): Applications for the voluntary sale of immovable property at auction through the court must be submitted to the district or city court of the place where the immovable property is situated (Section 395 of the Civil Procedure Law).
The on-line judicial auction will close at the time specified in the call for participation (Article 103(1) of the EA).
A notarially authenticated will may also be drawn up by a juvenile of at least 15 years of age.
An investigation may be closed at any point if, as a result of information obtained after the complaint was determined to be admissible, the Commission considers that the complaint is frivolous or vexatious; the Commission considers that the complaint was made in the knowledge that it was false or misleading, or having regard to all the circumstances, the Commission considers that further investigation is not necessary or reasonably practicable.
Arbitration Court at the Bulgarian Chamber of Commerce and Industry The Arbitration Court settles civil disputes and disputes over filling gaps in contracts or adapting contracts to new circumstances, regardless of whether one or both parties have their registered office or domicile in the Republic of Bulgaria.
Judges are appointed to office for life.
The Law Office headed by the Attorney General is staffed by advocates, some of whom specialise in criminal law and handle the cases tried by the Assize Courts.
Personal data included in the communication between the user and the court is stored in encrypted form in a separate Commission database.
Formal laws Formal laws are the laws passed by the House of Representatives (Βουλή των Αντιπροσώπων), which exercises legislative power, and they must be in keeping with both EU law and the Constitution.
Criminal proceedings carried out by prosecutor's offices attached to courts of appeal, tribunals, or children's and family tribunals The institutional hierarchy of prosecutor's offices is as follows: The highest body is the Prosecutor's Office attached to the High Court of Cassation and Justice (Prosecutor-General's Office), headed by the Prosecutor-General of Romania.
The application can be delivered in person or sent by post to any Social Security customer service office (please attach all necessary documents).
The competence of courts and of the other institutions mentioned above is laid down in the legislative acts in force (for example, the Code of Civil Procedure, the Code of Criminal Procedure, Law No 554/2004).
The third party attachee may, however, place a sufficient amount in deposit (ring-fencing).
An appeal may be filed against a ruling made in the first instance within eight days of the day the first instance ruling is served, unless provided otherwise by the OZ.
The Chamber's registered office is in Zagreb.
The estate is divided through an estate distribution document (arvskifte), which is drawn up by the heirs and universal legatees.
No access restrictions apply to announcements to exercise legal rights of preference, which may be done free of charge.
In the bankruptcy proceedings of a debtor who is a legal person, the trustee may conclude any transactions and perform any legal acts with the bankruptcy estate.
Judges are impartial and are bound to professional secrecy.
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6 - After partition is complete, the weapon will be given to the beneficiary heir, provided they meet the legal conditions for possessing it.
For more detailed information on the possibilities regarding the submission of applications by electronic means, please see under ‘Automatic processing’.
Whom to contact The social services have special responsibility and must, among other things, offer parents conciliation (samarbetssamtal).
If an executor is named in the will, he/she will also be appointed administrator unless there are valid grounds for not doing so.
Finally, the Greek tax authorities are also competent to receive succession tax declarations and to apply succession taxes.
Mediation is optional before the referral to the Court.
Rectification shall be ordered on a date to be determined by the court; that date shall be stated on the court’s order, as shall such performance as has already taken place, and a rectified European Enforcement Order certificate shall be issued.
When the parents cannot reach an agreement at the meeting, the judge will suspend it for a maximum period of two to three months, depending on the case, and refer the parents for mediation (if they agree to use this method), or for specialist technical hearing (which may be imposed on parents as mandatory).
If the spouses do not have a joint home or if neither lives any longer in the place for which the district court has jurisdiction and where the joint home is located, the district court that has jurisdiction is that where the defendant’s home is located.
What does the Danish Business Register offer?
Custody rights also cover other rights and duties linked to the education and care of the child, including the right to look after the child and his/her assets.
If the court is satisfied on the evidence that the marriage has broken down irretrievably, it will grant a decree nisi (the court order leading to a divorce).
If the defendant has accepted the claim in full, the grounds of judgment indicate only the laws and regulations that the court has applied.
Notaries are independent in the performance of their duties.
The court fee for non-pecuniary demands is LTL 100.
The court shall make an order on the lapse of bankruptcy, if the funds of the bankruptcy estate are insufficient for the costs of the bankruptcy proceedings or the continuation of the bankruptcy would not for other reason be expedient.
These persons or entities are identified above in the answer to the question “Should the disposition be registered and if yes, how?” in the section indicating the records to be submitted to the Land Registry.
Transmitting authorities are competent to send applications.
3 Object and nature of such measures These are in the nature of provisional measures pending a judgment in the main proceedings.
A spouse who does not live in Ireland or who is not Irish may apply for a Divorce in Ireland if he/she fits either of the conditions detailed in Sec.
39 (1) (a) & (b) of the Family Law (Divorce) Act, 1996.
There is no specific reference in the Italian legal system and in particular, in the Code of Civil Procedure (Codice di Procedura Civile) to the taking of evidence by videoconferencing.
However, if no agreement is reached or the parties did not want to use mediation, judgment is made on all those points on which the parties disagree.
Since 2011 the Chancellor of Justice has also performed the functions of the ombudsman for children under Article 4 of the Convention on the Rights of the Child.
Other legal professions Legal procurators To be able to practise as a legal procurator in Malta, individuals must be in possession of a warrant issued by the President of the Republic and under the Public Seal of Malta.
Information on the EJN and materials it publishes are also provided to national judicial authorities and other legal practitioners by email and by post.
The same applies to shares in civil-law partnerships, which have to be published at the registry of the commercial and companies court.
The proposal should be submitted in paper form in the required amount of copies so that one copy remains at the court and each participant receives a copy, if necessary.
1.6 Written procedure This is usually the same as for other civil proceedings.
Certain administrative activities are carried out by the administrative director of the court, who reports to the President of the court.
Review of enacted laws: the constitutional revision of 23 July 2008 inserted an Article 61‑1 in the Constitution, creating the priority preliminary ruling on the issue of constitutionality (question prioritaire de constitutionalité).
Parental responsibility is exercised by parents in accordance with the interests of the child.
Background information on mediation activities can be found on the website of the Ministry of Justice (Ministerstwo Sprawiedliwości).
Only an attorney may act as counsel for the defendant in criminal proceedings.
Exceptions to the statutory division of the liabilities of the inheritance The universal heirs and heirs under universal title must contribute to the payment of the debts and obligations of the estate in proportion to their respective share.
The registrar at the court before which the proceedings are conducted must establish, in the court itself, the identity of the persons participating by videoconference, through the prior submission or direct presentation of documents or through personal knowledge.
In their current form the provisions of the article have no conceivable significance from the point of view of the country's legal system and therefore cannot be applied in Finland in practice.
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Guidance document and database In 2016, the Commission issued updated guidance on the implementation and application of the directive.
In assessing witness statements, the court will take into account the witnesses’ sincerity and the circumstances in which the facts that form the subject-matter of their statements came to their knowledge.
These give rise to claims against the estate itself (massafordringar).
The time limit for making and communicating the relevant decision is 12 months, except for study aid where it is 6 months, with the request being understood as approved if the time limits have passed with no explicit decision being issued.
Is access to the Italian land register free of charge?
Article 10 – Certificate of service and copy of the document served The languages that may be used to complete the form referred to in Article 4(3) of the Regulation and the certificate of service referred to in Article 10(2) of the Regulation are English and German.
These rules regulate particularly important matters in the internal legal relationships of the state and are also applied directly by the Greek courts in cases with an international element that are not resolved by the operation of Greek private international law.
Under Section 235.1 of the Civil Procedure Law, an application for divorce must also indicate the following: since when the parties have been living separately; whether the other spouse agrees to the divorce; whether the parties have reached agreement regarding the guardianship of children, the procedures for exercising the access rights of the other parent, maintenance, and the division of the property acquired during marriage, or whether they are submitting claims to the court in these respects.
The divisions of the commercial court consist of a professional judge and two lay judges (here called juges consulaires/rechters in handelszaken).
The party appearing before the court in person or through a lawyer or another representative has the obligation to receive the procedural documents that are serviced during the hearing.
The EU courts have their seat in Luxembourg and are multilingual institutions.
It is responsible for preparing the public annual report on the fight against racism referred to in Article 2 of the Law of 13 July 1990.
Official copies are admissible as evidence in a court of law.
The system also has a time stamp function.
However, the surviving spouse cannot inherit the deceased spouse’s estate.
A notarial deed is necessary for the transfer of immovable property or rights in immovable property in the Netherlands, see response to question 7 above.
Applications for an enforceability clause to be incorporated are examined by the court without undue delay, but not later than three days after submission to the body with jurisdiction (Article 7811 of the Code of Civil Procedure).
The Act also governs the organisation and management of the Public Prosecution Service.
The general rules of international law rank below the Constitution but before the laws of the Federation and the Länder.
The court registry fees include the fee for entry on the cause list, the fee for the drafting of the documents and the charge for authenticated copies.
If a claim lodged is defective or incomplete, the insolvency practitioner invites the creditor to correct or complete it within 15 days (a longer time-limit may be set), and advises on how to do so.
A limitation period is calculated in calendar days.
It begins to run from 0 hours 00 minutes on the day following the calendar date or event defining its start, unless otherwise provided for in specific laws.
The Disciplinary Tribunal is convened to review the legality of the decisions of the Judicial Disciplinary Committee (Tiesnešu disciplinārkolēģija).
In all other circumstances, the courts in the place of residence of the maintenance creditor have jurisdiction.
The application may be submitted by, for example, a parent that the child is to move to or have contact with.
Specialised courts can be set up for specific areas.
As central authorities, the Ministry of Justice (Department of Private International Law) and the Ministry of Human Resources (Emberi Erőforrások Minisztériuma) are members of the Network.
A request should clearly state which procedure the requesting court means.
In non-adversarial matters, a submission may be made to any district court, which is obliged to record the submission in its register and without delay forward it to the court having jurisdiction.
Such Orders, however, require to be approved by affirmative resolution of both Houses of Parliament before they can be made.
There is no hierarchical relationship between the various judicial levels.
Every failure to adhere to a procedural deadline has procedural consequences.
These scales apply only to certain cases and in certain circumstances - they are not applicable to all cases.
In general, both spouses may file a claim to obtain the personal effects under their individual ownership.
In order for the waiver to have legal effect against seizure by creditors , the heir should either notify the deceased person’s estate of his or her waiver, or deposit the waiver declaration with the competent local register office so that it can be duly entered in the records (Section 81 of Chapter 4 of the Enforcement Code).
That being the case, the disqualification is only relative, in the sense that it only applies to the benefit of the attaching creditor.
The other creditors must still put up with fluctuations in the debtor’s assets.
Documents relating to judicial proceedings, other than summonses and the first request for a response, may also be served by sending them by standard post to the address indicated by the relevant party to the court.
After an appeal has been quashed, the court of first instance will make a fresh assessment of the case within the limits of the quashing and taking account of all the grounds invoked before the court whose decision has been quashed.
In cases where (a) the parent in whose household the child is mostly looked after or (b) the parent with sole custody wishes to move to another State with the child, he or she must comply, in the internal relationship, with the obligation to notify pursuant to Section 189 ABGB (see response to question 1) and consider the view of the notified parent, if it is more in line with the best interests of the child.
The National Council of Bar Associations has a website which allows everyone to have free access to information on the structure of the profession, current issues concerning the profession, and a directory of all the lawyers registered with French bar associations.
Legal advice enables the party to consult a lawyer in order to obtain technical information on a specific dispute before bringing or contesting an action in court.
To be precise, an application is filed with the court with general territorial jurisdiction for the defendant, i.e. with general territorial jurisdiction based on temporary or permanent residence or the defendant’s registered office, if the defendant is a legal entity.
The content of all the EAPO-related forms is laid down in Commission Implementing Regulation (EU) 2016/1823.
Exceptionally, the commencement date may be made by publication of a notice in the official gazettes (the London or Edinburgh Gazette).
A committee does not settle disputes relating to the provision of health services or legal services or the transfer of immovable property or buildings, or disputes for which the settlement procedure is prescribed by other Acts.
In the case of requests made under Articles 10 to 12, if it is necessary to ensure the use of mother tongue or a regional or minority language, the court has an obligation to use an interpreter.
Legal consequences of attachment by garnishment In the case of attachment by garnishment, the creditor (the party imposing attachment) imposes attachment on a third party (i.e. not the debtor), because this third party has a debt to the debtor or is holding property belonging to the debtor.
Is access to Luxembourg's land register free of charge?
There is no deadline for submitting the application: it may be submitted at any time.
In general, the court will play a more active role in proceedings that can be decided only by a court (see above); in proceedings where the parties would be free to reach a settlement between themselves, the court can leave the investigation largely to the parties.
At the request of both parties or at the court's initiative, all the costs are paid by both parties or by one party depending on the circumstances.
Simplified compulsory settlement proceedings are permitted only against a company which is regarded as a micro company according to the rules of the Companies Act (Zakon o gospodarskih družbah) or against an entrepreneur that meets the criteria for a micro or small company.
The National Legislation Database contains all legislation (excluding local government decrees) and legal instruments of state administration in force on the date of the search.
For maintenance due to a minor, the guardianship authority, and for maintenance due to a parent ‒ subject to his or her consent ‒ the competent district authority, may bring a legal action.
Parties or their legal representatives are obliged, in the case that they change their address before the service of a second-instance decision with which the proceedings are concluded, to report the change to the court without delay.
However, if no one forces the heir to make a choice, they are allowed up to 10 years to reach a decision, after which they can be deemed to have accepted the succession implicitly.
The CYPRUS LEGAL PORTAL is only accessible to subscribers.
Creditors must defend their claims at a general meeting of creditors (meeting for the defence of claims).
A party who has been exempted from the payment of court fees cannot be obliged to pay a deposit towards the costs of evidence or obliged to reimburse the state for costs it has incurred (i.e. witnesses, expert witnesses, interpreting, etc.).
Expert opinion is provided only at the request of a court (and must be submitted in writing in the form of an expert report).
The ordinary units of the public prosecution service are divided into four levels: Office of the Prosecutor General; Office of the Appellate Prosecutor; Office of the Regional Prosecutor; Office of the District Prosecutor.
An appeal against the writ of execution for reasons relating to the claim laid down in the European order for payment is permitted only if these reasons occurred after the order was served and if they could no longer be presented in the statement of opposition pursuant to Article 16 of Regulation No 1896/2006.
Further information about the e-Business Register is available on the website of the Centre of Registers and Information Systems.
Notification by registered letter with acknowledgement of receipt When the document is sent by registered letter with acknowledgement of receipt, if the addressee cannot be found at the address shown on the letter, a delivery notification is left at that address.
Should this court not exist, the general court of the spouse who did not file the petition to commence proceedings has jurisdiction, and if there is no such court, then jurisdiction lies with the general court of the spouse who did file the petition to commence proceedings.
Legal aid Applicable income threshold in the area of civil justice In order to be granted legal aid, the applicant’s income must not exceed a financial threshold, currently set at SEK 260 000 (approximately EUR 25 000).
The spouses may jointly apply to the court for a legal separation if they have signed a separation agreement providing for the living arrangements, maintenance and education of their minor children, the division of their property and mutual maintenance.
A party that requests or contests the recognition of a judicial decision, or files a request for a declaration of enforceability, must submit: a copy of the judicial decision that meets the conditions necessary for conforming its authenticity; confirmation, on a standard form, of the judicial decision in the matrimonial dispute.
Disputes relating to succession fall under the exclusive jurisdiction of the court in the region of which the deceased had their domicile or, in the absence of a domicile, their residence at the time of death.
Other relevant case law databases are: EUR-Lex , the European Union's legal database: EU case law in all EU official languages, including case law from the period before 17/06/1997.
A jury made up of 12 jurors chosen from among the population will determine whether you are guilty of the charges against you.
Announcements of private legal entities which must be published by law and which are published for public interest purposes, i.e. which are intended to inform the general public (e.g. division and dissolution of companies), are also published.
The operation of administrative courts is regulated by the Administrative Courts Organisation Act of 25 July 2002.
The applicant is entitled to bring the case before a different court in certain cases.
The national point of contact is a judge, who has experience in court and works in the Department of Civil Affairs of the Ministry of Justice.
Persons wishing to submit documents to a court or obtain documents from it must contact the court registry, which will explain the procedure for submitting, obtaining or returning documents.
Joint custody may be arranged by agreement of the parents (reached either in the initial proposal for the settlement agreement, or during the proceedings), with court approval.
Parental responsibility, as an institution for the protection of minors, lies with both parents.
If the Senate sends an amended draft back to the Chamber of Deputies, the lower house votes on the version approved by the Senate.
In the event of divorce by consent, the spouses can freely agree whether one should pay the other maintenance or whether they both waive any maintenance claims.
For permanent incapacity for one’s own job: 60 monthly instalments.
Applications should be submitted to the courts of law, the Courts of First Instance (Juzgados de Primera Instancia) having jurisdiction.
Orders to perform a legal transaction or other legal act for a debtor terminate if the debtor had issued them before the opening of bankruptcy proceedings.
Article 29(1)(c) - Means of communication In Latvia, an application may be submitted to the competent court in writing (in paper form) either personally or via an authorised intermediary, or it may be sent by post.
Example:Sodba II Ips 49/2008 and II Ips 28/2011 then the ECLI is:ECLI:SI:VSRS:2008:II.IPS.49.2008.A B: Where a decision uses only one RON which is similar to a number of other decisions with different RONs, the others have not been added to the case law databases.
In the second stage (the appeal stage), the Administrative Chambers of the Tallinn and Tartu district courts review rulings given by the administrative court.
Authorisation must be sought by an ex parte application (Article 1417 Judicial Code).
An action is brought by letter or by declaration submitted to the secretary’s office.
If the court finds that the costs will become recoverable in the future, but are not recoverable for the time being, the economic capacity of the person concerned has to be re-examined after a certain period.
Notaries Organisation Notaries and their activities are regulated by Act No 358/1992 on notaries and their activities (Notarial Code).
In addition to those decisions, it contains the most significant decisions of the other courts in the Republic of Croatia.
The law is a set of hard legal rules, written or otherwise, which govern social relations between citizens and the authorities and among citizens and also organise public administration.
Review of court decisions refers to the re-examination of decisions and rulings that have already entered into force, in cases where new circumstances have arisen and on the basis of an application by a party to the proceedings.
The bailiff will call on the executing court to consent to enforcement.
If a testator has a surviving spouse, no claim may be made, on the grounds of lineal succession, for furnishings and household accessories of ordinary value.
e) Obligation to restore gifts (hotchpot) If the heirs are descendants of the deceased person, the share allocated to each heir from the estate is influenced by the obligation of the descendants to restore gifts vis-a-vis one another.
A barrister is not always required, however, as suitably qualified solicitors have rights of audience (that is, they are entitled to represent clients) in the higher courts.
State attorneys and state attorney's assistants are appointed by the Slovenian Government acting on a proposal from the Ministry of Justice after consulting the State Attorney-General.
These can be given through a bequest/legacy or a contract, which must take the form of a notarial deed.
Reference is also made to the information concerning ‘Automatic processing’.
When there are insufficient common assets and one of the spouses is unable to obtain legal aid because the financial position of the other prevents it, the latter may be obliged to bear all or part of the costs of the litigation under a procedure known as ῾litis expensas’ (litigation expenses under special arrangements for divorce proceedings).
However, if the parents get divorced or split up, they need to decide how this responsibility will be exercised in the future.
An action or a proposal to end a marriage by agreement are required to terminate a marriage.
If the claim is disputed and a settlement cannot be reached out of court, the case is tried by a judge of the District Court whose order may be appealed to the Circuit Court.
If the case is to be adjudicated by written procedure, no date is set for a hearing, and no court summons is sent to the parties.
Civil and criminal courts Administrative courts Specialised human rights bodies The National Committee for Human Rights Neofitou Vamva 610674 Athens, Greece The National Committee for Human Rights (NCHR) was recently set up under the Paris Principles as a body providing advice to the government on matters of human rights.
Opening and notice of proceedings On the same day that a court issues a Decision on opening proceedings, it publishes that Decision on the webpages used for publishing court documents, documents from participants and other information in insolvency proceedings.
Mediation can be terminated at any stage.
The highest-ranking among the selected members of the Supreme Court presides; if more than one member holds the same rank, the eldest among them presides.
If any of the claimant's claims are to be filed according to the rules of sole jurisdiction, the overall action must be filed in accordance with those rules.
As a rule, all businesses have to be entered in the register.
Businesses also have to notify any changes to their register details.
In divorce proceedings there is a relative legal requirement for a lawyer; if a party does not wish to appear in court in person, they can only be represented by a lawyer.
Decisions from the courts, case law, play an important part in the application of the law.
This particularly applies to decisions from the highest instances, the Supreme Court and the Supreme Administrative Court.
The court advises parties of this option.
These information sheets explain how to register a will in each Member State and give advice on how to find a will in each Member State.
Commercial invoices may also constitute suitable written proof of the claim, provided they are accompanied by the stamped copy from the claimant’s register of invoices.
This fee of EUR 50.00 is paid by each of the parties right at the beginning of the public mediation.
The applicable VAT rate is 21%.
In accordance with the provisions of Article 302 ObZ 2015, spouses may conclude a maintenance agreement in the event of divorce (Articles 302, 470-473 ObZ 2015).
Such refusal is possible if the European order for payment is irreconcilable with an earlier decision or order previously given in any Member State or in a third country.
The same shall apply if the parties themselves decide to have recourse to mediation while the action is pending’.
Scotland’s most senior judge, the Lord President, has leadership of the new structures, similar to the UK model described above.
The Upper Tribunal will take on responsibility for hearing most appeals from First-tier decisions, removing these from the jurisdictions of the courts.
Lithuanian Chamber of Bailiffs Address: CONTACT_INFO
The work of the Network is combined with other tasks.
All acts and deeds of a prosecutor’s office are open to appeal before the prosecutors’ office directly above it, unless they are subject to judicial review.
These three sources of information have been grouped together in the Federal Ministry of Finance’s national property documentation centre (Algemene Administratie van de Patrimoniumdocumentatie/Administration Générale de la Documentation Patrimoniale).
History of the business register The data in the Liechtenstein business register were originally recorded on index cards.
BANKRUPTCY If the debtor agrees to pay his or her debts, or has reached another agreement with the creditors (a voluntary agreement, frivillig uppgörelse), the district court must decide to discontinue the bankruptcy.
The provisions of the Code relating both to international jurisdiction and to the effects of foreign court judgments and authentic instruments are applicable to actions brought after the entry into force of the Law, and court judgments and authentic instruments delivered after the entry into force of the Law.
Pursuant to Articles 1 and 3 of Decree-Law No 83/2016 (approving the public service of universal free access to the Diário da República).
The term ‘maintenance’ refers to the direct human needs for survival, mainly food.
In fact, however, the term maintenance covers all living requirements, whether they relate to the upkeep, or to the education, culture or leisure activities of a person.
Moreover, the Code states that the court of first instance (tribunal de première instance/rechtbank van eerste aanleg) has general territorial jurisdiction.
It may entrust the service of documents to the postal service.
A void marriage is one which should never have been celebrated and which is regarded as never having any legal status.
The Criminal Procedure Code sets out the jurisdiction of the military courts.
If acceptable, the information is registered so that a record is maintained and made available for public inspection.
See Article 1086 and subsequent articles of the Civil Code.
Any person, acting on their own behalf, through their lawyer or through any duly authorised natural or legal person may submit to the Commission a request concerning respect for their fundamental rights and freedoms as regards data processing.
Article 25 1 (c) Authorities or organisations providing practical assistance As part of the Finnish Competition and Consumer Authority (Kilpailu- ja kuluttajavirasto), the European Consumer Centre Finland (Euroopan kuluttajakeskus Suomessa) provides assistance and general information on the scope of application of the European Small Claims Procedure, as well as general information as to which courts and tribunals are competent to render a judgment in the European Small Claims Procedure.
6 Short description of the procedure to settle a succession under national law, including the winding-up of the estate and sharing out of the assets (this includes information whether the succession procedure is initiated by a court or other competent authority on its own motion) Hungarian law provides for a formal legal procedure of the so-called probate proceedings.
Therefore, if the location of property changes after creation and exhaustion of a right in rem, the law applicable to it also changes.
Austria has set up in Department I 9 of the Federal Ministry of Justice (Bundesministerium für Justiz) a central contact point which deals with legal queries from foreign contact points made via the network, performs various coordination- and organisation-related tasks and organises and edits the Austrian entries for the network factsheets that are published on the European Justice Portal.
Article 185 of the Code of Civil Procedure provides that, when a procedural right must be exercised within a certain time limit, failure to comply with this obligation triggers deprivation of the entitlement, unless otherwise provided for by the law.
1 Under the law of this Member State, do special rules impose, for economic, family or social considerations, restrictions concerning or affecting the succession in respect of immoveable property, certain enterprises or other special categories of assets located in this Member State?
Article 6 – Means accepted for transmission of requests and other communications Hungarian courts accept requests by post, fax or electronically.
Witnesses are heard individually in the absence of witnesses to be heard subsequently.
Any attachment (utmätning) that takes place contrary to this ban is null and void.
Yes, at its own cost.
The primary role of the Central Authority is to provide information on the functioning of the Regulation, both in its own system and in the requested State.
Mediator in civil and commercial matters The Act of 24 February 2012 creates a national legislative framework for mediation in civil and criminal matters by adding a new title to the New Code of Civil Procedure.
Non-financial factors may also play a role, such as the duration of the marriage or the duration of cohabitation.
The burden of proof stems from the ‘burden of allegation’, which is essentially determined by the legal provision on the basis of which a right is to be enforced before a court; in particular, it is the set of facts which must be claimed in a specific case.
A retrial is not allowed, and the restoration of a prior status is allowed only on the basis of missing the deadline for appeals or objections.
However, the choice of law made by an agreement between the parties does not prejudice the application of the mandatory rules of the applicable law.
For example, it is generally accepted that between spouses maintenance means long-term financial aid provided by one spouse to another whose material circumstances have declined.
The court with jurisdiction for the review referred to in Article 20(2) of Regulation No 1896/2006/EC and the related proceedings, is the ordinary court responsible for the order, in accordance with the commonly applicable rules.
To that end, they must take all appropriate steps to, inter alia, facilitate agreement between holders of parental responsibility through mediation or other means.
The anonymity of bidders participating in an auction is ensured until the end of the auction.
Mediation is admissible in multiple areas, but most common in civil law matters.
An extract from the judgment is inserted in the Bodacc (official bulletin of civil and commercial announcements) and in a register of legal notices of the place of the debtor’s registered office or business address.
Article 3 – Central body In Portugal, the central body is the Directorate-General for Justice Administration (Direção‑Geral da Administração da Justiça).
Offices of the prosecution service participate in civil proceedings where this is provided for in law (e.g. in certain family disputes, cases involving persons lacking legal capacity, etc.).
It is understood that all minors who do not have full legal capacity are competent to perform legal acts appropriate to the intellectual and volitional maturity of minors of his/her age.
Minimum amount: €500Maximum amount of the advance: €30 000Maximum amount of the main assistance (and full assistance): €125 000 Am I expected to quote the amount in the claim form?
Decisions of first instance are taken by a large criminal court (Große Strafkammer) and are generally heard by three professional judges and two lay assessors.
Furthermore, a ‘Declaration of Income and Assets’ (to be obtained from the municipal authority of the place of residence) must be submitted.
Country: Hungary Instrument: Mediation Article 10 - Information on competent courts or authorities Article 10 - Information on competent courts or authorities It is possible for parties to make the content of their agreement resulting from mediation enforceable.
Only valid court orders which incorporate an enforceability clause or are immediately enforceable (by virtue of an immediate enforceability order issued ex officio or at the request of either party to the proceedings) may constitute an enforceable title.
In addition, an individual transaction may be annulled under a ground for recovery referred to in the Act on the Recovery of Assets to a Bankruptcy Estate (Laki takaisinsaannista konkurssipesään 758/1991).
Related Attachments Ireland's report of the Study on Transparency of costs(400 Kb)
Articles 21 and 29 The competent bodies referred to in Article 21(2) for the recognition of judgments in matrimonial matters and matters of parental responsibility are the authorities competent for registration, namely the mayors of municipalities (Article 621(2) of the Code of Civil Procedure).
This may be done by referring the matter to a conciliation board, seeking a pre‑trial settlement through the district court (a procedure known as ‘prätorischer Vergleich’) or by mediation.
The court also issues an order for payment against the obligor under a properly completed promissory note, cheque, warrant or IOU, the authenticity and content of which is beyond doubt.
In other procedures, the file must include information about the claimant and the opponent and all the documents relating to the subject of the case, which must be submitted, depending on the case, to the court office when the action is brought or to the judge at the time of the hearing.
If Malta is the requesting state, videoconferencing will be used as a last resort.
The parties have free access to family mediation services to help them reach an agreement on the arrangements in respect of child custody.
Where there is danger of delay, the court may admit the request without summoning the parties 3 Object and nature of such measures?
3.1 What types of assets can be subject to such measures?
The content of such an agreement shall be enforceable unless, in the case in question, the content of that agreement is contrary to national law.
The 'find a lawyer' function, however, makes it possible to find a lawyer throughout the European Union.
Hierarchy of norms Following the accession of the Republic of Cyprus to the European Union, the hierarchy of norms in the Republic of Cyprus is as follows: EUROPEAN UNION LAW THE CONSTITUTION OF THE REPUBLIC OF CYPRUS INTERNATIONAL CONVENTIONS/TREATIES/AGREEMENTS FORMAL LAWS REGULATORY ACTS SUPREME COURT CASE LAW COMMON LAW AND PRINCIPLES OF EQUITY Common law and the principles of equity are a source of Cypriot law and are applied in cases in which there is no other legislative provision/institutional framework.
The Ministry of Justice regularly updates and distributes brochures, leaflets and notes attached to procedural documents and posters, which are also available free of charge on the Ministry's website.
A spouse receives the entire estate if there are no heirs ranked first, second or third or if they fail to express their intention to inherit.
The courts have jurisdiction to deal with a divorce, even if the marriage took place abroad, if either of the parties to the marriage: is domiciled in England and Wales on the date when the proceedings are begun; or was habitually resident in England and Wales throughout the period of one year ending with that date.
However, it seems advisable to obtain written consent, which could serve as evidence in any proceedings for the return of a child based on the 1980 Hague Convention.
The authorised person records this on the will.
When applying for enforcement, the creditor need not be represented by a lawyer.
The Scottish Mediation Register is an independent register of mediators and mediation services.
A) The right to judicial protection of subjective substantive rights is governed by the limitation and preclusion periods established by the law.
Payment No advance payment, guarantee or acknowledgement of debt to the trader or to a third party is allowed before the end of the withdrawal period.
An expert witness may also be disqualified in the same way as a judge; the only exception to this is where someone who has already previously been heard as a witness may serve as an expert witness (first paragraph of Article 247 of the ZPP).
If there is already a de facto separation, family mediation can instead help to alleviate the conflict and make it possible for the adults to work together in their parental role.
As a supranational organisation, the European Union (EU) has a significant influence on its Member States, including Belgium.
Documents are served under the direction of the Court Registrar (Letrado de la Administración de Justicia) (known as the ‘Secretario Judicial’ until 2015) attached to each court, who is responsible for the proper organisation of process serving.
Maritime, Arbitration and Magistrates Courts are also possible.
2.2 Territorial jurisdiction (is the court of city/town A or of city/town B competent for my case?)
Claims based on agreements entered into by the debtor with the consent of the business reorganisation officer during the business reorganisation enjoy a general preference.
However, emotional and practical support is provided by staff and the Witness Service: for example, victims are offered separate waiting facilities.
The Code of Conduct for Members of the Swedish Bar Association (advokater) states that fees charged by members of the Bar must be reasonable.
Related Links Supreme Court of Cyprus
Modifying facts are those which alter the scope of the right that has been established.
According to Article 1 of the Industrial Property Code, the fisheries, agriculture, forestry, livestock and the extractive industries, industry and trade in the strict sense, as well as all natural or manufactured products and services, fall within the scope of industrial property.
The provision of legal advice to families bereaved by murder or manslaughter was piloted as part of the victims’ advocates scheme.
Evidence must be proposed by the applicant in his or her application, and by the defendant in his or her defence, unless otherwise provided for by law; otherwise the evidence may be barred.
A study on the application of Directive 2009/22/EC was undertaken in 2011 and was used in the preparation of a Commission report published in 2012.
For funds handled by a payment service provider and due a natural person, the amount in excess of four times the minimum old-age pension may be subject to enforcement without limitation; of the amount below this limit, 50 % of the amount between the minimum old-age pension and four times the minimum old-age pension may be subject to enforcement (Section 79/A(2) of the Judicial Enforcement Act).
Public auctions may be attended by those who paid a deposit in the amount of one‑tenth of the determined value of the immovable property at least three working days prior to the auction.
The Finnish Bar Association is an organisation governed by public law, regulated by the Act on Advocates of 1958.
Other written communication may be sent by post or electronically (e.g. by e-mail or fax).
The court or the notary public will not require anyone to make a declaration of succession, but an heir who wishes to make such declaration may do so orally before the probate court or the notary public conducting the probate proceedings or before any other municipal court, or by presenting a certified document containing a declaration of succession to the probate court or the notary public conducting the probate proceedings.
At the same time, and if the spouses have married under a joint property regime (such as sociedad de gananciales, whereby one half of the earnings of each spouse is considered to be owned by the other spouse), upon legal separation this is dissolved and replaced by a separation of property regime.
Federal public prosecutor’s office (Bundesanwaltschaft) The Prosecutor‑General in the Federal Court of Justice (Generalbundesanwalt beim Bundesgerichtshof) is the highest ranking prosecution authority in Germany in the field of national security.
An appeal is also considered to have been filed in time even if it arrives after the fifteen-day deadline, where the appellant acted on incorrect instructions from the court regarding the appeal.
1 Existence of an order for payment procedure A distinction can be made between the European order for payment procedure and procedures relating to debt-collection and other claims within the Netherlands.
Mediation services in Greece are provided by the following bodies: Under Law 3898/2010 (Government Gazette, Series I, No 211, 16.12.2010), which transposes Directive 2008/52/EC, a mediator must be a specially certified lawyer.
This is still in force.
In principle, it is not necessary to provide further substantiation of the claim within the framework of a European order for payment procedure.
The prohibition on selling things not subject to seizure also arises from the need to protect other fundamental rights: the right to freely choose one’s area of activity, profession and position, the right to engage in entrepreneurial activity, the right to education, freedom of religion, protection of private and family life, etc.
Seizure, consignment and confiscation of sums of money: this is clearly a protective measure and constitutes a precautionary attachment since it ensures the fulfilment of a claim with specific economic content.
Currently, Scotland does not have a single centralised database of interpreters or translators.
A court will also decide upon a petition of a parent in a case in which the parents cannot agree which of them will represent the child during legal proceedings or in important matters relating to the management of the child’s property.
The decision of the Authority may not be appealed through administrative channels, but may be reviewed by the Administrative and Labour Court in administrative litigation.
The Ombudsperson’s services are free of charge The Ombudsperson examines individual administrative acts or cases of failure to act or action by public service bodies in violation of the rights or legitimate interests of natural or legal persons.
In cases where the parents, whether or not married, wish to regulate the exercise of parental responsibility over minor children of them both, or to amend an agreement already ratified, they must request this at any time from any civil registry office.
In other respects, the Cypriot courts are guided by their own case law, as there are no relevant national laws or encoded rules.
Registrars may issue only court orders.
A judgment given in the European Small Claims Procedure is recognized and enforceable in another Member State without the need for a declaration of enforceability and without any possibility of opposing its recognition.
The civil court does not have jurisdiction in disputes for which the administrative court has been designated as having jurisdiction.
This refers to disputes with the administration (the public authorities).
If jurisdiction is attributed as part of the general terms of contract, at the request of the defendant made at the latest at the first hearing in the case, the court to which jurisdiction was attributed will refer the matter to the court having jurisdiction based on the basic rules of legislation in order to conduct the hearing and deliver a judgment.
Detailed rules on the remuneration of notaries are laid down in specific legislation.
As regards deadlines in civil matters, Portuguese legislation makes specific reference to periods of limitation, lapse and non-use (Article 298 of the Civil Code).
In the case of violent crimes and sexual offences, victims can request legal aid in accordance with the requirements and procedure laid down in the applicable legislation in Spain.
Prior information to be provided by legal representatives Rights and obligations of the parties In general terms, the lawyer is under an obligation to inform his or her client how the fees will be calculated and what costs the client can expect to incur.
Mediation is voluntary, though it may be suggested by a judge or required by a contract between the parties.
Further information can be also found on the websites of NGOs and private sector operators which are active in mediation (see pages on Mediation and on Find a Mediator).
Unlike payments under the Maintenance Advances Act and payments of social assistance and basic job‑seekers’ benefit, the assistance with claims given by the Youth Welfare Office does not create a separate entitlement to payment by the responsible public authority.
In this case, the role of the public authority is restricted to helping the entitled party to assert and enforce the claim for maintenance.
The complaint must clearly indicate the matter at issue, the public authority against which the claim is directed, and what the submitter of the complaint is claiming.
Thus, when maintenance is due to minors, nothing prevents the creditor from simultaneously bringing both pre-enforcement hearings (for the payment amounts to become due) and special maintenance enforcement (for the payment of overdue amounts).
1.5 Appeal A court will not issue a decision setting aside an order for payment, electronic order for payment or a bill-of-exchange (cheque) order for payment; the question of an appeal against a struck-down order for payment is therefore irrelevant.
Article 67 (c) The languages accepted for the certificate concerning rights of access and return of the child pursuant to Article 45(2): Slovene.
The fact that a child has completed compulsory schooling does not necessarily mean that it has acquired the capacity to provide for its own needs.
In Berlin(144 Kb), on the other hand, organising and providing training is in the hands of the Court of Appeal.
The bankruptcy register is owned and maintained by the Ministry of Justice of Poland, and the information it contains is available in Polish and, in part, in English.
Notaries are also liable to disciplinary action.
A judge is entitled to annual leave totalling 49 calendar days for a judge of a court of first or second instance and 56 calendar days for a justice of the Supreme Court.
Official government communications relating to the senior management of the services and bodies of the Central, Regional and Local Government Administration, pursuant to Law No 2/2004.
2.2 The main conditions When ordering securing by compulsory establishment of right of lien on real estate, the court rules on a motion to secure pecuniary claims on the basis of an enforcement title document pursuant to which the pecuniary claim was ordered.
For further details, please refer to “Alternative Dispute Resolution – Czech Republic”.
Normative decisions In normative decisions the National Assembly, the government and other central administrative bodies, the Constitutional Court and the Budget Council may lay down their own organisation and functioning, activities and action programmes.
An exception are disputes arising from abstract review in consumer matters, when regional courts (Bratislava Regional Court, the Banská Bystrica Regional Court, and the Košice Regional Court) decide in their districts as courts of first instance (Section 31 CCAP).
In the case of the latter, what criteria are applied?
The court also rules on the applications for evidence filed by the parties and admits evidence that constitutes pertinent, admissible and necessary proof (Article 146 of the GPK).
Parents must pay maintenance for minor children under 18 years of age, regardless of whether they are able to work or whether they have the means to support themselves.
In what languages can I obtain information on cost sources in Austria?
In what languages can I obtain information on cost sources in the Czech Republic?
The Supreme Court reviews both civil and criminal cases and is the final court of appeal (third tier) in probate, bankruptcy, enforcement and land registration cases.
In that event the court can demand evidence.
The Official Gazette publishes the notifications, announcements and other documents that are required to be published in the Official Gazette by an act, decree or other decisions issued by a lower court.
The website offers the possibility of paying by credit card, if you are not a subscriber or do not have a certificate previously recognised by the Association of Registrars: 'Card payments' (pagos con tarjeta).
However, surviving spouses are not entitled heirs (héritier réservataire).
No appeal is permitted against the order.
For information on persons, interested parties must apply to the land register office (Grundbuchsabteilung) of any district court (Bezirksgericht), showing that they have a legal interest in obtaining the information.
By exclusion, the heir forfeits the right of succession to the extent of the exclusion itself, and the rights of other persons who may inherit from the testator are determined as if the excluded heir has died before the testator.
1.6 Statement of opposition The deadline for objecting to a payment order is four weeks, starting on the date of service of a written copy of the payment order on the defendant.
In this final judicial decision in the criminal proceedings, the causal relationship between the offence and the injuries or damage to health or, if applicable, the death, must be clearly determined.
Furthermore, obtaining the certificate of succession is the beneficiary's right, but not his or her obligation.
The Chamber is administered by a Board of three members: a chairman, a secretary and a treasurer.
An order for payment that has been declared enforceable in the Member State of origin will be recognised in every Member State and may be enforced in every Member State without the need for a declaration of enforceability.
282/2013 of 29 August also governs access to the databases of the Bank of Portugal.
5 What are the conditions for legal separation?
Within ten days of the date of notification of this decision by the Chairman of the Bar, either parent may lodge an appeal with the Disciplinary and Administrative Council, which gives a final ruling on the matter.
Presided over by a magistrate The Court of Magistrates for Gozo First instance In the civil field, the Court of Magistrates for Gozo has two-fold jurisdiction: an inferior jurisdiction comparable to that exercised by its counterpart court in Malta, and a superior jurisdiction, with the same competence as the First Hall of the Civil Court, apart from the constitutional jurisdiction, and as the Civil Court (Voluntary Jurisdiction Section).
What is enacted in the law concerning spouses also applies to the relevant parties in a registered partnership.
For the purposes of winding up the estate, the beneficiaries will manage the estate jointly unless special provision has been made for management.
The objection is heard by the court with jurisdiction for the enforcement.
Commercial legal databases such as Apis, Ciela and the Juridical Encyclopaedia offer a full range of legal information, but are not free of charge.
Where the inherited estate is a sole proprietorship or a farmstead, or where the deceased’s debts might exceed the value of the estate, upon acceptance of the succession the successor can apply to a court at the place of the opening of the succession to appoint an administrator of the estate, or to appoint an administrator and to decide on conducting an auction or bankruptcy proceedings.
Those who are not Swedish citizens and are not or have not been resident in the country can be granted legal aid for actions that are to be brought in Sweden, if there are particular reasons for doing so.
Articles 21 and 29 The courts to which applications referred to in Articles 21 and 29 may be submitted are the following: – in Hungary, the district court operating at the seat of the competent regional court (törvényszék székhelyén működő járásbíróság) and, in Budapest, the Central District Court of Buda (Budai Központi Kerületi Bíróság).
To distribute the remaining estate to beneficiaries under the will or, where there is no will, under the Succession (Scotland) Act 1964.
The practitioners’ fees are determined by scales fixed by decree; their remuneration under these scales is charged by the court to the debtor.
1.8 Reimbursement of costs In Luxembourg law, the losing side is normally ordered to pay costs, although the court may decide by special and reasoned decision whether all or a proportion of the costs should be awarded against another party.
In particular, recoverable costs include: costs of trial, transport, equivalent loss of earnings and the costs of a legal representative.
The Swedish courts aim to deal with civil cases, on average, over a period of no longer than 7 months in the district court and 5 months in the court of appeal respectively.
When the procedure set out in paragraph 1 has been followed, the bailiff must send notification of this to the recipient of the documents served, using the recipient's address.
Special service for legal persons: Legal persons may, under certain conditions, be served through the sending of a document to the company’s registered address and the sending of an advisory notice to the same address on the next working day.
Therefore, the court establishes if the spouses’ common life as married couple continues or has come to an end by a joint analysis of all the interrelated economic, family, emotional and intentional factors involved.
Other documents are served in person only if so prescribed by law or if the court believes that it is necessary due to the documents enclosed to the original.
Survivors receive the financial assistance as a lump sum; victims who have suffered damage to health may also seek lump sum assistance (its amount depending on the severity of the consequences caused) or may claim reimbursement of the costs of treatment or compensation for lost earnings.
The commissioned notary verifies their territorial jurisdiction and orders the summoning of those entitled to the inheritance, and where there is a will, summons the legatee, executor of the will, legal representative of the legally incapable heir, supervisory body, public administration representative (in the event of a vacant succession).
How to search the Slovenian insolvency records Both databases, including the search engines, are only available in Slovenian.
The remaining articles must be transposed within two years of the European Commission adopting the implementing acts.
The Directorate-General for the Administration of Justice (Direção-Geral da Administração da Justiça) is the Ministry of Justice body with responsibility for recruiting, managing and administering justice officials.
If the percentage is lower, the composition proposal is approved if three quarters of those voting are in favour and their claims amount to three quarters of the total sum of claims carrying voting rights.
DEBT RESTRUCTURING General Debt restructuring (skuldsanering) releases a debtor from all or part of his or her liability to pay the debts that fall within the scope of the restructuring operation.
Mediators’ conduct is monitored by the public mediation system, which is divided into three parts focusing on civil, labour and criminal matters.
In this last case, the court sets a time limit for acceptance of the inheritance.
Moreover, various Member States have an institution or court to ensure that their constitution is respected.
Decisions made in the context of divorce proceedings are recognised automatically without the need for any particular procedure.
For non-habitual residences, compensation comprises 50 % of the damage up to the limit for housing specified by the applicable legislation.
Publication Free access Federal Law Gazette Yes (read only) Federal Gazette Yes Federal Tax Gazette Partially (not most recent and not older publications) Joint Ministerial Gazette Only to tables of contents Transport Gazette Titles of official announcements only (a fee must be paid to access content) What types of searches can be made?
To adhere to this procedural deadline, it suffices if the appeal is handed over to an authority that is obliged to serve it (in particular, a postal licence holder, a prison institution in the event of persons incarnated in prison or in custody, an institution for institutional or protective upbringing of a person placed in it, etc.) or at the court on the last day of the period.
The Chiefs of Police act as prosecutors before the city courts (first instance) and are thus – in addition to the management of the police – responsible for the inquiries and investigations conducted by the police district and the operation of the local prosecution service.
The maintenance creditor may still request the seizure of the maintenance debtor's property.
2.4 Exceptions to the normal application of conflict rules The ordinary conflict‑of‑law rules do not apply in a number of cases defined in the Code.
The debtor will not be granted any procedural aid by the state for paying the state fee.
The Fundamental Law and its transitional provisions (Transitional Provisions of the Fundamental Law of Hungary promulgated on 31 December 2011) entered into force on 1 January 2012.
Those hypothecs that are registered on the same day would then result in an equal rank.
The material provides information on the legislation in force regarding judicial cooperation in criminal matters, the national application of existing EU instruments and the directions in which EU criminal justice is moving.
Articles 8(3) and 9(2) – Particular periods set by national law for serving documents The time periods vary and depend on the type of document being served and the type of proceedings or the stage reached in the proceedings.
Only the persons who have submitted a security deposit may participate as buyers in the on-line judicial auction (Article 99(1) of the EA).
Country: Austria Instrument: Mediation Article 10 - Information on competent courts or authorities Article 10 - Information on competent courts or authorities The following information is provided in accordance with Article 6(3) of Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters.
The heir pure and simple has unlimited personal liability for the deceased’s debts, and is therefore liable even if the amount of the debts exceeds the value of the assets inherited.
1 Do I have to go to court or is there another alternative?
Under Article 17 when Malta is the requesting state, it is up to the Court to decide which means are to be used in order to notify the person that is to be examined about the time and place.
There is a limitation period of ten years.
The Constitutional Court comprises a single division of five judges.
A maintenance debtor wishing to file an application for modification must apply to the district court for the place of residence of the maintenance creditor.
In many institutions, language teachers work together with colleagues from other departments to offer CLIL in various subjects.
Insolvency practitioners are also tasked with monetising the estate.
It announces in particular legislation published in the Bundesgesetzblatt (Austrian federal law gazette) and provides information about the law in the Federal Republic of Austria.
Once a case is over, the court will charge a handling fee.
The Court may, whenever it considers it to be expedient and without giving notice, visit and inspect the Archives, the Public Registry or the office of any notary.
If at the end of the trial the court is not certain beyond reasonable doubt of the guilt of the accused he/she must be acquitted.
Therefore, in practice either the waiver is made in front of the notary public conducting the probate proceeding or a written waiver is submitted to such notary public.
At the same time as lodging the application for rescheduling of the time limit, the party should also take the procedural step of submitting an application for re-examination of the European payment order.
An important characteristic of the general administrative courts and the social and financial courts is that they apply the principle that it is the court's duty to satisfy itself of the facts (Amtsermittlung).
The defendant may not transfer assets subject to an execution order to another person, or burden or dispose of them in any other way.
Pursuant to the provisions of Law No 304/2004 on organisation of justice, the High Court of Cassation and Justice (Înalta Curte de Casaţie şi Justiţie) has 4 sections – Civil Section I, Civil Section II, Criminal Section, Administrative and Tax Litigation Section – the Nine-Judge Panel and the Joint Sections, each having their own jurisdiction.
However, there are cases in which the law does not allow the non-existence of facts presumed by the law to be proven (praesumptiones iuris et de iure) when the court is obliged to conclude that the legally relevant fact in question exists.
The set‑off may also be recorded by the court‑appointed administrator or liquidator.
In which languages can I find information on legal expenses in France?
If a court case has been brought against the heir, the time limit is set by the court hearing the case.
1998 was a significant year in the computerisation process, with amendments being made to the Land Register Law, supplementing it with a new chapter on the computerised land register.
Spanish legislation assigns the enforcement of judgments to Judges and Courts, in accordance with the laws and rules on jurisdiction (Article 117(3) of the Spanish Constitution).
The sheriff’s final decision (decree) on the case cannot be pronounced until the account of expenses has been approved by the sheriff.
Access to justice is also facilitated through the provision for legal aid both under the national legislation, i.e. Law 165(I)/2002, and within the context of the relevant EU Directive on legal aid in cross-border disputes.
Legal persons (Bulgarian and foreign) may also be granted access to the database, where provided for in a specific law or judicial act (court order) or authorised by the Commission for Personal Data Protection.
The relevant court office or organisation can be contacted by telephone, letter, email or attendance in person.
Descriptors: 1.5.51.1.15.1 – Constitutional justice – Decisions – Type of Constitutional Court decision – Theoretical review procedure – Finding that a regulation is not consistent with the Constitution.
In addition to this common core, there are programmes specific to each type of mediation (at least 30 hours, freely divided between theoretical and practical training time).
The applied time limit is longer for close relatives of the debtor.
If the conditions for use of this second method are not met, the formal service is undertaken by sending the addressee a certificate of service (service effected at the bailiff’s office).
The Supreme Court comprises its president, the divisional presidents (presidentes de sala) and the judges (magistrados) assigned by the law to each division.
Legal databases Comprehensive information on diverse topics related to the notary profession can be found on the website of the Federal Chamber of Notaries (Bundesnotarkammer).
The court may order an expert investigation in order to resolve or avoid a dispute.
Renewal – which is, in fact, an extension of the existing time limit – is permitted where there are valid reasons for renewing the attachment and the urgency of the situation has not changed.
CONTACT_INFO The Plenipotentiary is the body responsible for implementing government equal treatment and anti-discrimination policies.
1.2 Competent court The order for payment procedure is subject to the jurisdiction of district (rejonowy) and regional (okręgowy) courts.
As a rule, an invoice, i.e. a remittance form for payment of the fee, is sent to the party in question.
The Ship Register is an electronic register that contains information on registered ships and ships under construction, as well as related real rights.
Besides the possibility of becoming a party to civil proceedings, the public prosecution service can recommend that proceedings be brought by the Supreme Public Prosecutor, for instance in paternity denial cases under the Family Act.
However, most cases are only decided after a hearing.
The formal requirements of a legal act are determined by the law which governs its substance.
The judge may refuse a request for preparatory inquiries on the grounds that it would have the effect of compensating for the inaction of the party bearing the burden of proof or that it is not necessary.
Article 71 1.
(b) - Redress procedure In accordance with Article 109 of the Private International Law and Procedure Act (Zakon o mednarodnem zasebnem pravu in postopku), decisions on redress procedures may be appealed against to the Supreme Court (Vrhovno sodišče).
Article 10 – Certificate of service and copy of the document served Belgium accepts certificates completed in English, as well as French, Dutch or German.
A judicial decision not to provide interpretation to a victim can be appealed against.
If the parents cannot agree which of them should represent the child in legal proceedings, a court will decide – upon a petition by one of the parents – which of the parents will legally act on behalf of the child and in what manner.
The debtor’s assets become the bankruptcy estate on the basis of a bankruptcy ruling and are used as assets designated for satisfying creditors’ claims and conducting bankruptcy proceedings.
The debt restructuring also releases the debtor from liability to pay unknown debts in the case, unless they are debts that cannot be covered by debt restructuring.
In the second case, the spouses can submit a Settlement Agreement (convenio regulador) setting out the points on which agreement has been reached regarding the measures to be adopted in relation to the marital home, the care and maintenance of the children, the division of joint property, and any maintenance payments between the spouses.
The European Union has the objective of determining common rules in family law, so that European citizens are not prevented from exercising their rights because they live in different countries of the European Union, or because at some stage in their lives they have moved from one country to another.
‘Article 13 (Effect between the parties) 1 - Acts subject to registration may be relied on as between the parties themselves or their heirs, even if they have not been registered.
Additional information available from the Panel of Mediators includes: The NGO mediators are members of; The mediation training programme they graduated from; The foreign language they are able to conduct mediation in; Their contact details.
An application for such a review is submitted to the Svea Court of Appeal, which will hear both parties in the remainder of the proceedings.
If it is a company they must use the exact legal title.
An administrator or testamentary executor draws up an inventory of the inheritance.
One of the parties to the marriage was an unemancipated minor, except where the person in question was over 14 years of age and had obtained a court dispensation (impediment on grounds of age).
(Under the terms of the Twenty-Eighth Additional Provision of the General State Budget Act (LPGE) for 2009, the IPREM stood at €7 381.33 per annum in 2009).
Maintenance claims for minors between 14 and 18 years of age are lodged by the child himself/herself, with the knowledge and consent of the parent with parental rights or the guardian.
Other examples are: if both parties fail to appear in court, proceedings are stayed for at least three months (Section 170 ZPO) and, if the petitioner fails to appear in matrimonial proceedings, the petition may be held to be withdrawn, but not abandoned, at the respondent’s request (Section 460 no 5 ZPO).
Excusing the missing of a judicial deadline is not permissible.
Related links European enforcement order Practice guide for the application of the Regulation on the European Enforcement Order(1310 Kb) ARCHIVED European Judicial ATLAS website (closed on 30 September 2017) FINDING COMPETENT COURTS/AUTHORITIESThe search tool below will help you to identify court(s)/authority(ies) competent for a specific European legal instrument.
Reorganisation proceedings In order to open reorganisation proceedings for an enterprise, the undertaking submits a corresponding petition.
3.3 the minor children of the spouses In a divorce decree the court decides on the parental responsibility for any minor children of both spouses and on contact between the parents and the children.
It also determines the amount to be paid by each spouse to cover the children’s maintenance and upbringing (Article 56(1) of the Family and Guardianship Code).
In general, the parties are not entitled to compensation for the costs of the divorce proceedings, the annulment of a marriage or a ruling on whether the marriage is void or not.
The spouse at fault in the divorce is not entitled to maintenance.
Judges are accountable for their professionalism in performing their duties.
Civil matters To adjudicate or decide at first instance: In civil cases in accordance with the Civil Procedure Act In legacy and other non-contentious matters, and in respect of the land register In matters of the enforcement and securing of claims, unless otherwise determined by statute.
(3) The provisions of paragraph (2) also apply accordingly in cases where this Code requires that the submissions, arguments or conclusions of the parties or any other procedural documents submitted to court be in writing.
A refusal to accept service is not regarded as legitimate or illegitimate, the decisive factor being observance of the service procedure rather than the party’s reasons for accepting or not accepting the process.
Registration is optional for holographic wills held by individuals.
The establishment and expiration of rights in rem to tangible movable property are governed by the law of the place where the property was located at the time when the event occurred that led to the creation or expiration of that right.
Bankruptcies are governed by the provisions of the Bankruptcy Act (Konkurssilaki 120/2004), which entered into force on 1 September 2004.
Authorities designated for the purpose of certifying authentic instruments (Art. 25) If a Swedish Social Welfare Board (Socialnämnd) has issued an authentic instrument, it can also certify the instrument as a European enforcement order.
Inspection rights are verified using a unique address code allocated to each person with inspection rights.
In this case, and in accordance with the provisions of Articles 138 et seq.
of the Code of Civil Procedure, the judge could order this third party to produce the document in question, although this third party could invoke a legitimate impediment (e.g. lawyer-client privilege).
The reasons for the claim need not be detailed, and may be provided by a summary description of the relevant facts and documents.
The Chancery Division: The Chancery Division deals with trusts, contested wills, winding up companies, bankruptcy, mortgages, charities, contested revenue (usually income tax) cases, etc.
Only creditors whose claims arose before the application for business reorganisation was submitted may participate in the composition negotiations.
This request is lodged with the enforcement authority with jurisdiction.
The plaintiff may choose between the general court and the courts designated in Section 87 of Act No.
The judge is also competent to make decisions relating to collective suspension of employment contracts when the employer is declared insolvent and to hear liability actions against the directors or liquidators of the insolvent company.
1 Existence of an order for payment procedure Among other summary proceedings the Italian Code of Civil Procedure lists an order for payment procedure (procedimento di ingiunzione) (Sections 633 et seq.).
The rate of statutory interest due for late payment is usually set at two percentage points above the maximum contractual interest rate, which was previously determined by decision of the Governor of the Bank of Greece, and was harmonised in 2001 with the corresponding interest rate of the European Central Bank (Act 47/2000 of the Monetary Policy Council, Article 3(2) of Law 2842/2000).
If an application by a debtor is considered admissible, the court must assess it immediately, unless the debtor’s application was submitted following an application by a creditor and the court has decided that a hearing must be held to examine it.
The legal costs of a person not receiving legal aid must be agreed between the individual and her or his legal representative.
Short description of procedure/proceedings in accordance with which the applications/complaints/claims are processed; The Commission forwards tip-offs to the relevant government service for follow-up, investigation and/or clarification.
Related Links Mediators in Austria
In Scotland, property may be seized as a means of recovering money owed where that debt has been recognised by the courts, and in some other circumstances, including where authorised in certain formal "documents of debt".
The report of donations is the obligation of the surviving spouse and the descendants of the deceased who are entitled to the legal inheritance to bring back to the inheritance the assets donated without being exempt from reporting.
Experts’ fees The Ministry of Justice Implementing Decree No 491/2004 on fees and compensation of costs and lost time for experts, interpreters and translators lays down the amounts of expert fees.
The attachment does not, however, give the attachment creditor a preferential claim.
The obligations of the debtor in bankruptcy that arise after the opening of bankruptcy proceedings (with certain exceptions) are considered costs of proceedings.
The Portal also retrieves personal data (through EU Login) for the following purposes: to send e-mail notifications to users who have subscribed to specific content topics or to provide them with news updates.
This data is also processed in order to enable role and right management and content management.
Presided over by a magistrate Land Arbitration Board First instance The Land Arbitration Board hears cases dealing with the classification of expropriated land, the public purpose of expropriation and the amount of compensation due to the owner.
The act is void in relation to all and cancelled retroactively.
It must also be accompanied by a death and inheritance certificate issued by the head of the municipality of the area in which the deceased resided and the consent of the heirs to the appointment of an administrator.
The district court must publish the decision declaring bankruptcy immediately.
Enforcement objections may be lodged by the debtor, the party seeking enforcement, or another interested party.
Judicial decisions may be delivered both electronically and by other means provided for under specific laws.
There are many reference sites with useful resources for European judicial training at local, regional or national level.
Acknowledgement of a conceived but yet unborn child shall be governed by the lex patriae of the mother at the time of acknowledgment.
In the winding-up phase, creditors may submit comments on the winding-up plan presented by the administrator and on the final report, before the insolvency proceedings are declared closed.
In the case of substituted service by deposit of the documents (Section 181 of the German Code of Civil Procedure), the document is deemed to have been served as soon as the written notification is submitted.
Financial measures can be applied by the court and court bailiff; measures against the person can be applied by the police on the basis of a measure of the court or court bailiff.
Brief description of content The database contains legislation of the Czech Republic in Czech.
Legal acts performed by the debtor to pay creditor claims or to perform other obligations in accordance with a confirmed agreement on financial restructuring cannot be contested either.
3 What are the legal consequences of a divorce as regards: The legal consequences of divorce are set out in detail below: 3.1 the personal relations between the spouses (e.g. the surname) A person who changes their name upon marriage may, within six months of the final divorce judgement or judgement terminating the marriage, submit a declaration to the effect that they wish to revert to the surname they had prior to the marriage.
As a rule, maintenance is set as monthly payments, except where there is an agreement or legal provision to the contrary or where there are reasons to justify exceptional measures.
Maintenance for a pregnant mother is granted to cover the reimbursement of costs associated with the pregnancy and birth in a reasonable amount.
Direct service is permitted, for example, in the case of an enforcement order under Article 750 ZPO, an enforceable title under Articles 794(1)(5) and 797 ZPO, distraint orders under Article 923(2) ZPO and interlocutory procedures under Articles 935 and 936 ZPO.
In certain cases special legislation confers the power to decide on civil law matters to administrative authorities.
The Supreme Court is the final court of appeal in the United Kingdom for both criminal and civil cases, although Scottish criminal cases do not have the right of appeal to The Supreme Court.
Suitable candidates are assessed on the basis of their motivation to commit to the programme.
A natural person who, according to the law of the State of which he or she is a national does not have capacity to contract is presumed to have that capacity if it has the capacity according to the law of the state where the obligation arose.
General information on court fees is available free from the website of the HELP service for citizens.
(Act on the Data Protection Board and Data Protection Ombudsman 27.5.1994/389) The Data Protection Ombudsman's statements containing guidance and advice related to the processing of personal data are not binding decisions.
For the purposes of carrying out the process, the district court relies on the services of a notary acting in the capacity of a court commissioner (Section 1 of the Court Commissioner Act (Gerichtskommissärsgesetz, GKG).
However, exceptionally, such application cannot be lodged if it relies (a) on an error of the authorised attorney or of the legal representative of the applicant, (b) on facts which the judge appraised during the hearing of the application for extension or postponement of a time limit in order to grant the relevant extension or postponement.
However, interpreters can participate in court proceedings as experts.
Is access to the Slovenian business register free of charge?
Nevertheless, where the person concerned meets the requirements for the provision of legal aid, he or she is likely also to be exempt from payment of the costs of proceedings (including the court fees).
Other conditions attached to the granting of legal aid for victims As mentioned above, the victim must be a party to the proceedings.
In deciding on authorisation, the central body must ensure that any prohibition from giving testimony imposed on the person providing the information is not circumvented.
5 Can the starting time be affected or modified by the method of transmission or service of documents (personal service by a huissier or postal service)?
The reference rate referred to in the Interest Act is the interest rate applied by the European Central Bank to its most recent main refinancing operation carried out before the first calendar day of each half-year rounded up to the nearest half-percentage point (Interest Act, section 12).
In principle, a custom is only relevant if the law refers to it, but still the court may take account of custom in its judgment in the event of conflict.
In disputes to determine or challenge paternity or maternity, the court covering the area in which the child permitted by Slovenian legislation to file an action has permanent or temporary residence also has jurisdiction.
The applications constitute an annex to Regulation No 6 of 20 February 2008 on the approval of forms for payment orders, applications for the issue of a payment order and other papers related to the ‘order for payment’ procedure, issued by the Minister of Justice.
The State may bring an action for recovery against the party civilly liable for the criminal act to demand the full or partial reimbursement of the aid granted.
In accordance with Article 379 of the OZ, a creditor and a debtor may agree on a higher or lower default interest rate than the default interest rate stipulated by law (contractually agreed interest rate).
Parents have the obligation and right to represent the child in legal proceedings for which the child is not legally competent.
According to Section 336(1) and Section 377(1) of the ZPO, persons who have previously been convicted of giving false testimony, or who are under the age of fourteen, or who have an insufficient understanding of the nature and meaning of the oath as the result of a lack of maturity or because of an intellectual disability, are unable to take an oath, and may therefore not be put under oath.
Where the parties have not chosen the law governing a contract, the contract is governed by the law of the country with which the contract is most closely connected.
There is also provision for exclusive jurisdiction in civil cases, which overrides not only the ordinary territorial jurisdiction but all the other forms of territorial jurisdiction too.
A time limit which is counted in years expires on the respective date of the last year, and if the last year has no such date, the period will expire on its last day.
The jurisdiction of district courts includes hearing small and/or less complex claims, which are highly frequent in practice.
The translators' database includes information from 2002 onwards.
In summary proceedings, on the date the accused is summoned to appear before the court he/she answers to the charge(s) by pleading guilty or not guilty.
Court clerks, court assistants Graduates of law schools are employed at courts in the position of court clerks or court assistants to gain knowledge and experience for a future career as a judge.
In this case, the limitation period starts from the closure of the bankruptcy proceedings.
1.2 Competent court Cases based on applications for a court order are heard by district courts according to the place of residence.
2.2.1 The basic rule of territorial jurisdiction The basic rules of territorial jurisdiction are set out in Sections 84 to 86 of Act No. 99/1963 Coll., the Code of Civil Procedure and in Section 4 of Act No. 292/2013 Coll.
Yes, beneficiaries are liable for the deceased’s debts, but only up to the value of the estate passing to them.
If the spouses fail to reach an agreement, their claims will be settled by the court on the basis of the Civil Law or of the provisions of the marriage contract.
If the service of a document set the time limit running, the new time limit runs from the date of fresh service of the legal successors to the deceased person.
Expert witnesses must submit their findings and a report.
When the plaintiff's address is not indicated and is not known to the court, the message is communicated by displaying a notice at a designated location in the court for a period of one week.
If the Ombudsman believes that a complaint is justified, he or she will advise the complainant and the administration, and will put forward all the recommendations regarding the service in question and the complainant that he or she believes will allow an amicable settlement of the complaint.
Case law available online Romanian case law is available on the website of the Supreme Court (High Court of Cassation and Justice).
Since 2011 the Chamber of Notaries of Slovenia (Notarska zbornica Republike Slovenije), the Bar Association of Slovenia (Odvetniška zbornica Republike Slovenije) and the Chamber of Execution Officers of Slovenia (Zbornica izvršiteljev Slovenije) have also been members of the network.
Therefore if the need arises, the Commissioner may conduct a search within the premises subject to the complaint.
Commercial courts The commercial court (tribunal de commerce) hears disputes regarding contracts between traders, or between credit institutions, or both, and disputes regarding commercial companies or commercial transactions between parties of any kind.
The lower administrative courts (tribunaux administratifs) are the general courts of administrative law at first instance.
They must not allow themselves to be influenced e.g. by the interests of political parties, public opinion, or the media.
The curator is responsible for applying for the necessary interlocutory proceedings and for bringing actions that cannot be delayed without putting the interests of the succession at risk.
An applicant in another country is best served by contacting the competent central authority in that country, which will then contact the Finnish Ministry of Justice.
To this end, it publishes studies and surveys, gathers precedents and elaborates proposals for new treaties.
The same applies to voluntary winding up, and in particular to creditors’ voluntary winding up, where creditors participate directly from the beginning of the proceedings, when they are convened to propose a liquidator of their choice.
In accordance with the established crediting and debt collection practices, the creditor shall cooperate in order to reach a settlement.
In this event the testator may prohibit division of the estate until the successors concerned reach the age of eighteen.
Following a short (not longer than 5 years), childless marriage, the duration of the maintenance obligation is, in principle, not longer than the duration of the marriage itself.
The law of succession does not create an obligation on the heirs to register immovable property they inherited.
The act itself, its date and the result of the service must be evidenced.
The benefit of legal aid comes to an end upon the death of the person entitled, but acts that cannot be deferred may be done thereafter under the instructions given previously.
Everyone is entitled to open and free access to the data (i.e. details concerning traders) stored in the Commercial Register.
Under the above Decision, Regulation (EU) No 1259/2010 applies in Greece as of 29 July 2015.
With regard to the form of the celebration, the Civil Code states that in or outside Spain, you can be married: 1) by the judge, mayor or official indicated by the Code; 2) in the religious form legally provided for.
Related links Compensation to crime victims in the European Union ARCHIVED European Judicial ATLAS website (closed on 30 September 2017) FINDING COMPETENT COURTS/AUTHORITIESThe search tool below will help you to identify court(s)/authority(ies) competent for a specific European legal instrument.
All legislative Acts must be promulgated and come into force three days after the date of their publication, unless otherwise envisaged in the Acts themselves.
Witnesses who deliberately do not speak the truth are committing perjury.
The mother’s surname should be given to a child born outside wedlock unless, or until, the child is recognised by the father.
Such departments have been set up at seven county courts (županijski sudovi), namely in Zagreb, Zadar, Osijek, Vukovar, Split, Sisak and Rijeka.
The practise nowadays is to dispense with the holding of a preliminary enquiry.
It establishes common rules for the entire European Union and aims to ensure the recovery of maintenance claims even where the debtor or creditor is in another EU country.
Certain cases are required by law to be heard other than in public, and certain statutory provisions require that the name of the victim may not be disclosed.
The confirmation must set out the date of receipt of the document and bear the signature of the recipient of the document or their representative.
Internally, minors are exempt from fees when they are represented by the Public Prosecutor or by a court-appointed lawyer.
The creditor’s claim and the documents submitted thereby are to be annexed to the writ on the debtor in a copy as proof of the claim.
The general framework of the institution of marriage is stipulated in the Family Law part of the Civil Law.
Statistics on work carried out by the courts of the Republic of Cyprus can be found on the website of the Supreme Court in Greek and in English.
This Order of 16 November 2011 amends the Act (loi) of 8 February 1995 so as to establish a general framework for mediation.
Assistance or representation by a lawyer involves costs, but payment of these is not mandatory.
During preliminary insolvency proceedings, the court decides on the conditions for opening the proceedings.
14 In certain cases, it may be necessary to apply to a court to have a decision on parental responsibility enforced.
Indicative time limits are normally addressed to judicial authorities (courts), not to parties.
For court procedural representatives (procuradores) and other legal representatives, it is a mandatory requirement.
If the Parliament agrees, the Bill goes on to Stage 2 Stage 2: The bill is considered in detail by a committee or, occasionally, by a Committee of the Whole Parliament.
1.9 Possibility to appeal Austrian law only allows limited rights of appeal in small claims proceedings.
As a rule, the debtor shall cover the fee and expenses of the insolvency practitioner to an amount not exceeding the available funds of the debtor over the four months following the confirmation of the payment schedule or the modified payment schedule.
Cases are heard in each chamber by a panel composed of three judges.
The Act on civil society organisations includes some derogating rules concerning the bankruptcy and liquidation proceedings of civil society organisations (associations, foundations), otherwise the provisions of the Bankruptcy Act apply.
There are 375 public prosecutors (data as per 1 November 2012, representing active full-time equivalent positions, including at the office of the director of public prosecutions) and 4 864 officials and contract staff (data as per 1 November 2012, representing active full-time equivalent positions, including at the Supreme Court and the office of the director of public prosecutions), who help maintain the proper operation of the courts and the offices of public prosecution.
The notary will assist the heirs to settle the estate.
A child witness may not be competent to give evidence if he or she does not understand the duty to speak the truth or have sufficient understanding to justify his or her evidence being heard and it is up to the particular trial judge to decide this issue.
Judicial documents may only be served on advocates, notaries, bailiffs, trustees in bankruptcy and state or local government agencies in a manner other than the electronic method if there is a good reason for this.
A comparison of national schemes on legal aid reveals, however, that there are fundamental differences in the philosophy, organisation and management of the legal aid systems in the Member States.
Nobody has the right to request that a judge give account of or provide explanations for how a particular case has been considered, or to interfere in the administration of justice, irrespective of the purpose for which this is done.
Mediation is relatively swift.
It was appointed for the first time by Order of the Minister of 1 August 2005 as a body to advise the Minister on issues of alternative dispute and conflict resolution in the broad sense.
BUSINESS REORGANISATION The business reorganisation officer (and the supervisor if any) is entitled to compensation for his or her work and for the expenditure required for the task.
Article 651 of the Code of Civil Procedure (Code de procédure civile) provides that ‘Documents shall be brought to the knowledge of the interested parties by service thereof.’
In respect of the parties, omission of the deadline results in liquidation of the right to carry out the relevant procedural action.
Information on their conditions of service is kept at the Ministry of Justice, Transparency and Human Rights.
Communication with a view to the planning and conduct of the videoconference shall be the responsibility of the officials of the court and the remote location, and may take place by any appropriate means, such as telephone, email or fax.
15 What are the creditors' rights after the closure of insolvency proceedings?
However, invalidity due to a procedural error can be pronounced only if this error is proven to have adversely affected the addressee.
If a party refuses to comply with a judgment or order of court, a range of enforcement procedures are available.
Legal professions - introduction Prosecutors Organisation The public prosecution service consists of the Prosecution Authority (Åklagarmyndigheten) and the Economic Crimes Authority (Ekobrottsmyndigheten).
It is available for all civil proceedings.
However, the respondent is entitled to plead prescription at any stage of the proceedings in court.
Statutory time limits are also subject to the rules laid down in the General Extension of Time Limits Act (Algemene Termijnenwet).
Otherwise, the heirs may agree on how to divide the estate between them.
In the former case, presumption or a certificate are sufficient as a standard of proof under the Code of Civil Procedure (Section 274).
In the Republic of Croatia notaries must join the Croatian Chamber of Notaries (Hrvatska javnobilježnička komora).
Recourse to mediation is entirely voluntary.
The estate distribution document must be in writing and signed by the heirs.
Videoconferencing Equipment - Image 3.2.1.
The interested parties may appeal the grant of probate issued by the notary public; the appeal is adjudicated by the competent regional court.
Before a district court (tribunal d'instance), a summons is not compulsory in order to bring actions concerning a value of no more than €4000 or for injunction to pay proceedings concerning contractual or statutory debts of a specific amount.
Rights and obligations can, however, be derived from the 1992 Code of Conduct for Advocates (for more information, see the Dutch Bar Association’s website) and the Code of Conduct for EU Advocates.
In Spain there are no fees involved in claims solely intended to obtain maintenance payments, except for the fees charged by lawyers, legal representatives and experts, if used.
If the party who submitted a document insists on using it even though it has been alleged to be false and that allegation has not been withdrawn, and if there has been an indication of the author of the forgery or an accomplice, the court may suspend the trial and at once forward the allegedly false document to the responsible prosecutor’s office, with a report drawn up for the purpose, in order to have the forgery investigated.
Purpose of the interest In general terms, there are two types of interest: remuneratory interest (e.g. interest payable on a loan) and penalty interest (e.g. interest for default in fulfilling an obligation).
In the reply to the application, the defendant must indicate what evidence they are submitting and what facts they intend to prove by it and present all written evidence at their disposal.
Lastly, the judge may deliver an inter partes judgment against a party who has failed to appear at the hearing only if it is proven that said party has been served in person.
In the case of an occasional gift of insignificant value, the act may not be contested.
Legal databases You can find more information on the website of the Hungarian Bar Association (Magyar Ügyvédi Kamara).
If a disposition of property upon death is drawn up as a public document (notarial act, a will certified by a family tribunal) it is registered in the public register of wills.
Candidates are selected by way of a competition.
The tribunals have separate sections or panels specialised in: civil cases; criminal cases; cases involving children or family matters; cases involving administrative or tax disputes; cases related to labour disputes and social insurance, companies, the Trade Register, insolvency, unfair competition, and other matters; cases involving maritime or fluvial matters.
The court will review the application and, if the form is filled out correctly, it should issue a European order for payment within 30 days.
Where videoconferences are conducted via a telephone line (ISDN), the connection to the Portuguese courts can be made from courts in other Member States.
Importantly, a spouse who entered into a marriage in bad faith is deemed to be the spouse responsible for the break-down of the marriage.
The amount to be awarded may be determined by the sheriff.
The expenses include charges linked to the participation of the parties, witnesses and experts in the proceedings.
If, at the time of the opening of bankruptcy proceedings, the creditor, in accordance with the law or contract, was entitled to set-off, the opening of bankruptcy proceedings has no effect on that right.
Unless the law forbids it, the court may order the witnesses to be questioned.
The services of the Office of the Chancellor of Justice are free of charge to the complainant.
In some cases the maintenance may be capitalised (Article 301(8) of the Civil Code).
Official government announcements relating to the organisation, structure and functioning of direct state administration, pursuant to Law No 4/2004.
Any additional information required depends on the specific circumstances of each court case.
1.4 Rejection of application The judge will refuse the application if he or she considers that the explanations given do not provide adequate proof that the claim is justified.
All the evidence produced during the trial will be assessed by the court in the light of the specific circumstances at hand in each case.
Regarding maintenance (including use of the family home and, where applicable, a compensatory allowance), in the absence of an agreement on the choice of applicable law, the law pertaining to the habitual residence of the maintenance creditor applies.
These provisions do not apply to proceedings not affected by the pre-bankruptcy proceedings, or to proceedings for settlement of claims that were incurred after the opening of the pre‑bankruptcy proceedings.
Criminal appeals, whether full appeals or appeals on a point of law, are heard by a panel of judges.
The decision to assign legal aid The Chairman of the Bar or a member of the Bar Council appointed by the former for the purpose in the applicant’s district of residence decides whether to assign legal aid.
A child may himself or herself contest a presumption of paternity within two years after reaching the age of majority.
Yes, since 18 June 2011.
In accordance with Article 46 of the Slovak Constitution, any person may, in accordance with the procedure laid down by law, enforce their rights in an independent and impartial court and, in cases determined by law, before a different authority of the Slovak Republic.
Unless the acquisition of assets from the estate is deferred in keeping with the testator's disposition of property upon death, e.g. due to a condition (an heir is to acquire the inheritance upon graduated from university) or instructions of time (upon expiry of a defined period), one or more heirs inherit upon the death of the testator.
Special attention is paid to interdepartmental consultation, which also involves public consultations (anybody may submit comments).
It also took over the devolved functions of the Judicial Committee of the Privy Council (the highest court of appeal in several independent Commonwealth countries, UK overseas territories and British Crown dependencies).
If the testator has left no will, under the law they are succeeded by his/her legal heirs in orders of succession, with the principle that heirs nearer in succession exclude from the succession heirs more distant in succession applying.
Usually all final judgments are published.
The legal consequences of the annulment of a marriage (see point 9) depend on whether the spouses, or at least one of them, acted in good faith when entering into the marriage.
Legal Advisers (Consultores jurídicos) In the Portuguese legal system, there is no distinction between lawyers and legal advisers.
3.2 the division of property of the spouses In the case of divorce, the former spouses no longer hold a joint estate and either of them may apply for the division of matrimonial property.
Accordingly, both spouses regain their status of single persons.
If it transpires from the analysis that the matter is outside the Centre’s competence, the person concerned will be informed and, if possible, redirected to another service or another person able to deal with the request (administrative authority, private or public service specialising in front‑line or second‑line assistance, police or lawyer).
Legal databases The Normattiva project was launched in March 2010 to promote the computerisation and classification of the State and regional provisions in force by public administrations, to facilitate free searches and consultation of these provisions by citizens and to provide instruments for legislative review, which is the responsibility of the Prime Minister’s Office, the Senate of the Republic and the Chamber of Deputies.
If following such a notice the serving official still does not find the person on whom the document is to be served, he will proceed as stipulated in the provisions of Article 141 of CPA, depending on the manner of service of the document.
6 Are there any limitations on enforcement, in particular related to debtor protection or time limits?
See question 9 regarding land.
How do rules of national origin enter into force?
'Introduction to EU anti-discrimination law", e-learning course (European Commission) This e-learning course provides an introduction to the key concepts of EU anti-discrimination law, developments in this area and relevant case‑law.
Legal databases For more information on judges and lay judges, see the Swedish courts’ website.
If the complaint does not fall within its remit, the ERS informs the complainant of the body responsible for handling it and forwards it accordingly.
However, the authorisation under Article 17(4) can be used by the central body to lay down conditions for the direct taking of evidence such as the language of the hearing or examination.
The law applicable to the management of business is: the law of the place where the manager’s main activity takes place.
BANKRUPTCY A creditor who has a claim on the debtor that can be asserted during the bankruptcy can set that claim off against a claim that the debtor had on the creditor at the time when the bankruptcy decision was announced.
Where a fee is charged for information, payment is made immediately by internet bank transfer.
Personal relationships between spouses are governed by the law of the State of which both persons are nationals.
If the maintenance debtor fails to update the maintenance payments, the court will do it, following a request by the maintenance creditor.
Complaint processing: Complaints can be lodged by post, by email or by means of an electronic form available on the website.
Also, if private enforcement proceedings do not work, it is possible to apply to the public prosecutor (procureur de la République) to activate public recovery procedures through the public accountant (comptable public).
If circumstances change, the family court may modify the measures concerning the rights and obligations of the divorced parents with regard to their minor children if requested to do so by either of the parents or by another family member, the child, the tutelary authority, the public institution for child protection or the public prosecutor.
3.4 the obligation to pay maintenance to the other spouse?
When adjudicating the recovery of maintenance for a child, the court will assess all the circumstances and evidence in the case and determine the amount of maintenance.
19 What are the measures adopted by this Member State in order to ensure the functioning of the activities described in Article 51 of the Maintenance Regulation?
The aim of the rules relating to the service of documents is to ensure that documents are served credibly to the relevant person and that such service can be verified.
In principle (§ 25 GVG) a decision is taken by one criminal court judge, if it: Concerns an offence (Vergehen) or Is pursued by private prosecution and If a penalty more severe than a two-year sentence of imprisonment is not anticipated.
The beneficiary will present evidence of the grant of representation and the transfer to the Land Registry in accordance with the relevant Land Registration Rules.
However, there is no legal entitlement to be appointed as a judge.
The main objectives of the National Employment Agency are: to institutionalise social dialogue in the field of employment and vocational training; to apply strategies in the field of employment and vocational training; to apply social protection measures for unemployed persons.
For obvious reasons of fairness, the right to maintenance may be denied.
3.2 The main conditions An enforcement action is brought by way of an application lodged by the creditor with an enforceable title attached to it.
The notary shall issue the European Enforcement Order not later than 5 days after the day on which the request for the issue of a European Enforcement Order was received.” [1] European Enforcement Order for uncontested claims (Official Gazette No 58 of 7 May 2005)
For legal facts (for example, an accident), proof is discretionary and may therefore be provided by any means (documents, witness testimony, etc.).
Where an ex-spouse’s income is not sufficient to meet his or her living costs, and he or she cannot reasonably be expected to earn the necessary level of income, he or she may petition the court to order the other ex-spouse to make maintenance payments towards his or her living costs.
If resistance is offered during enforcement, the bailiff may counter it with force and, at the same time, call the law enforcement authorities.
Is access to the Estonian land register free of charge?
The decision on enforcement by which an enforcement agent is appointed or a decision on appointing an enforcement agent is served by the court upon the enforcement agent, together with copies of all the documents required for executing the enforcement.
In line with the provisions of Section 125 of the Code of Civil Adversarial Procedure, a submission may only be made in writing, on paper or in electronic form.
Furthermore, chambers for commercial matters can be established at regional courts.
These are usually responsible for disputes of first and second instance between businesspeople/merchants.
The Constitutional Court stands outside the system of general courts.
Enforcement proceedings may not affect assets or rights that under the Enforcement Code or specific legislation are not subject to enforcement, or are excluded from enforcement, or are inadmissible for enforcement.
If service of a document has to be made on citizens of the Republic of Croatia in a foreign country that may be done through the competent consular or diplomatic representative of the Republic of Croatia performing consular functions in the foreign country concerned.
In cases of liability for a harmful act (tort/delict) and in civil proceedings joined to a criminal prosecution, the claim may be brought before the court of the place where the defendant lives or the court of the place where the damage was suffered or the harmful act took place.
The most important sources of law are legal instruments such as the Constitution, European Union law, international agreements, Acts and Regulations.
Attorneys are organised within the Croatian Bar Association (Hrvatska odvjetnička komora), which is an autonomous and independent association of attorneys in the territory of the Republic of Croatia.
In the claim, the respondent may challenge the admissibility or timing of the appeal, as well as the legitimacy of the appellant.
The court having territorial jurisdiction for the enforcement of an urgent measure is the court that ordered the measure; if an urgent measure is ordered by an appeal court, the court of first instance has territorial jurisdiction.
In the case of couples with children who are minors (or adult children lacking capacity), the agreement must be sent within 10 days to the public prosecutor's office at the competent court for verification that it will guarantee the interests of the children.
This obligation means that people can telephone or visit a district court, for example, and receive general advice about the proceedings and the rules that apply to them.
Malta(160 Kb):Court staff training is organised by the local courts and provided by public structures.
Afterwards the will is signed by the testator, the witnesses and the notary.
It is aimed at judges or public prosecutors wishing to develop their linguistic skills in this field.
For these purposes only, claims on which no value can be put will be valued at €18 000, unless the court determines otherwise because of the complexity of the case.
The conditions for registration in the commercial register are specified in Articles 28 to 53 of the Commercial Registry Code.
The District Court also has a range of powers in relation to the enforcement of judgments of any court for debt, the granting of licences such as licences to sell intoxicating liquor, and the custody and maintenance of children.
Publication Auto-search Open data Federal Law Gazette No No Federal Gazette Only as an information service for a fee No Federal Tax Gazette No No Joint Ministerial Gazette No, only the publication date for the next edition No Transport Gazette No No
What does the Romanian insolvency register offer?
51/2008) on public legal aid in civil matters, approved with amendments by Law No 193/2008 (Legea nr.
If the succession has been accepted under benefit of inventory, the heir is liable for the deceased’s debts only up to the value of the assets inherited.
Article 25 1 (i) Accepted languages Polish Article 25 1 (j) Authorities competent for enforcement Court bailiffs (komornicy) are the competent authorities for the enforcement of judgments handed down under the European Small Claims Procedure.
Exceptionally, in the circumstances provided for in Article 520 of the Code of Civil Procedure (cited in the reply to question 1), the court may hear a person by videoconference who is in a place other than the court.
The estate administrator, a creditor or the debtor may dispute a claim in the draft disbursement list.
In these circumstances, the case will automatically proceed to a normal civil proceeding.
It will enhance the ability of EU states to confiscate assets that have been transferred to third parties, it will make it easier to confiscate criminal assets even when the suspect has fled and will ensure that competent authorities can temporarily freeze assets that risk disappearing if no action is taken.
Under the safeguard and judicial reorganisation proceedings, the business activity continues during the observation period and the debtor continues in principle to manage his business, with certain restrictions.
In that case the two assessors are judges of the juvenile courts.
Related matters can be resolved by the application of Mediation Act No 420/2004 (zákon č.
Article 10 – Certificate of service and copy of the document served In Latvia, a certificate of service of documents which has been drawn up using the standard form set out in Annex I to the Regulation is accepted if submitted in either Latvian or English.
A crime is reported to the police; The criminal investigation (preliminary investigation) is carried out by the police; in the case of more serious crimes the investigation is led by the prosecutor; There is a possibility in the majority of cases of getting a public defence counsel; In the case of more serious or repeated crimes the prosecutor may ask the court for you to be held in detention.
There is a special regime for precautionary measures (protective seizures and judicial guarantees), which allow the creditor, usually with the authorization of the court, to deny the debtor access to all or part of their assets, and to apply a special right of security on such property in order to secure the payment of receivables not yet recognized by a judgment, but the recovery of which appears threatened.
The most important statements in the summons are the statement of claim (the claim itself) and its reasons (facts and rights on which the statement of claim is based).
See point (b) After the opening of a succession procedure, the liberalities infringing the succession reserve are subject to reduction at the request of forced heirs, successors and unsecured creditors of the forced heirs.
The front page of the order should contain a ‘penal order’, notifying the recipient of the possible consequences of a breach of the terms of the injunction.
Procedure for verification of claims The procedure for verification of claims has three phases: 1.
A half-month corresponds to 15 days.
Legislative instruments are divided into two categories: Laws, the highest-ranking of all legal acts, which are adopted by the Parliament of the Republic of Lithuania [Seimas] or by national referendum, setting out general legal provisions intended to regulate the main areas of human interaction and having overriding legal force.
The register shall ensure legal protection and financial overview, and it is an important source for anyone who needs accurate information about the participants in Norwegian industry.
After evidence has been presented, the judge hands down a judgment on the appeal within 15 days.
Any heir beyond a cousin’s grandson or granddaughter, in the maternal or paternal line, can no longer inherit.
The Council’s task in respect of the quality of the judiciary system involves promoting the uniform application of the law and enhancing judicial quality.
An action (motion to initiate proceedings) against a foreign person may also be brought before a court in whose district in the Czech Republic its plant, or an organisational unit of its plant, are located.
Legal databases For more information, please consult the structural chart of the Danish judicial system.
No special costs or fees regime applies to such proceedings.
Once the estate is ingathered, the executor must then pay any debts and tax due before distributing the estate in terms of the will or the Succession (Scotland) Act 1964.
Procedural acts The court may extend the time limits within which the parties must perform procedural acts if this is jointly requested by the parties.
Where the issue of a significant influence on a child’s development arises in relation to the temporary relocation of a child, the same rules apply to the temporary relocation as to relocation for a longer period.
REFERENCES Act Entry into force Deadline for transposition in the Member States Official Journal Directive 99/44/EC 7.7.1999 1.1.2002 OJ L 171, 7.7.1999, pp. 12-16.
Notaries are required by law to become members of the Slovenian Chamber of Notaries.
Agreement between the Republic of Estonia and the Republic of Poland on legal assistance and legal relationships in civil, labour and criminal matters, signed in Tallinn on 27 November 1998.
If the performances owed are divisible, and if the other party has partially fulfilled their performance obligations at the time of the opening of bankruptcy proceedings, then that party is entitled to exercise their right to consideration corresponding to the partial performance as a bankruptcy creditor even if the liquidator has demanded the fulfilment of the remaining part.
DEBT RESTRUCTURING During the debt restructuring process, the debtor usually makes payments to the Enforcement Authority, which then passes on the money to the creditors.
Yes, the same rules apply for a temporary transfer.
BUSINESS REORGANISATION The business reorganisation officer must notify all known creditors of the business reorganisation decision within a week of the decision date.
On the basis of such proceedings, a court counsellor or senior court counsellor submits a draft to a judge authorised for that purpose by the president of the court, on the basis of which the judge adopts a decision.
To obtain State compensation payable to victims of crimes, certification of the launching of criminal proceedings issued by an investigative body is required.
Substitute recipients can take the form of the persons specified in Section 178 of the German Code of Civil Procedure as listed under 7.1 above.
Supreme Court The Supreme Court is the highest appellate level.
Appeals: Appeal against a decision (Berufung) or appeal on a point of law (Rekurs) to the Regional Court (Landesgericht) via the District Court that issued the decision.
In the case of a legal person, where redress is not obtained within the prescribed period the court may of its own motion issue a decision to liquidate, if such an action is in the interests of protecting third parties.
Applications may be sent by post, but not by fax or e-mail.
People who have difficulty understanding the Act can ask for assistance from their legal representatives (advocate or attorney at law).
In urgent cases the adoption of measures under the following procedures may be requested: Interim measures prior to the submission of the application for annulment, separation, divorce or in proceedings concerning the care and custody of minor children and maintenance.
On the request of the concerned party, the court bailiff serves the summons on the witness.
The voting form must be submitted to the court no later than the beginning of the voting hearing and must be signed and certified by an authorised person.
The maintenance must in principle cover at least the ‘needs’ of the beneficiary (first paragraph of Article 301(3) of the Civil Code).
Prima facie evidence also leads to a reduction of the standard of proof and plays a role in overcoming difficulties in providing evidence in damages actions.
By this registration, the creditor acquires a lien on the immovable, having effect against any person who subsequently acquires proprietary right in it.
The applicable law for the form of adoption is the law provided for in Article 11 of the Civil Code, i.e. either the law which governs its content, or the law of the place in which it was drawn up, or the law of the state of which all parties are nationals.
This information is: of a general nature only and is not intended to address the specific circumstances of any particular individual or entity; not necessarily comprehensive, complete, accurate or up to date; sometimes linked to external sites over which the Commission services have no control and for which the Commission assumes no responsibility; not professional or legal advice (if you need specific advice, you should always consult a suitably qualified professional).
If proceedings opened with a view to reorganisation are then converted into winding-up proceedings, they will be closed in accordance with the rules on winding‑up proceedings.
The competent civil-law judge gives a judgment ratifying the division on the basis of the statement and drawing of lots, and costs are awarded against the respective interested parties.
Mediation can therefore create a constructive atmosphere for discussions and ensure fair dealings between parents which also take account of the best interest of the child.
Bank cash deposits may be made only with a bank with a registered office in the Republic of Slovenia or with a credit institution with a registered office in another EU Member State.
It shall also include any special conditions set by the parties for conducting the videoconference.
Liberal decree which created the mortgage listings.
After verifying the correctness and admissibility of the submitted applications, the court decides how to proceed with the action and answers requests and objections from the parties concerning all pre-trial matters and the admission of evidence.
This can happen, in particular, if an action is brought against the invalidity or ineffectiveness of the enforcement title, if the termination of enforcement is requested, if an opposition suit is brought before the court (see under 4), if the enforcement of a decision issued by the court is contested, if a complaint is lodged against the act of enforcement, or if a waiver or amendment of the legally enforceable declaration of enforcement is sought.
The insolvency register is accessible to all and its records are reliable.
Request for removal of the seal is also made to the sub-district court.
The court may also, of its own initiative, appoint a public defender for a person under 18 years of age, or for a person incapable of seeing to his or her own defence.
In particular, we make no warranty, express or implied, with respect to the completeness or accuracy of information obtained through links to external websites.
They can request the court or a public notary (közjegyző) to approve the agreement by way of a ruling or to incorporate it into an authentic instrument (közokirat), which can be enforced afterwards.
If one of the former partners, who did not contribute to the permanent breakdown of the partnership, is caused serious harm by the termination of the partnership, he/she may be awarded maintenance for a period of three years in the same amount as the maintenance obligation that would have arisen in the event the partnership had not been terminated.
If a reorganisation plan is annulled, the consequences of opening the reorganisation proceedings retroactively cease to exist.
The following factsheets will take you through the different steps of the procedure, describing your rights during the investigation of the crime, during the trial or after the first trial.
Debt adjustment Debt adjustment covers all debts of the debtor which have existed before the start of the debt adjustment.
By using the Minu RT service, everyone has the opportunity to set up their own user portal in which they can add instruments to their collection of links and ask via the portal to be informed by e-mail of new instruments and any new additional information.
In that case, the agreement is submitted to the court, which checks and approves it.
Acceptance up to the value of the net assets Heirs may declare that they intend to accept the succession only up to the value of the net assets (Article 787 of the Civil Code).
A decree absolute for the dissolution or nullity of marriage cannot be appealed if the aggrieved party had the opportunity to appeal against the decree nisi, but did not do so.
Legal aid may be granted separately or cumulatively in the form of assistance by a lawyer; by the payment for an expert, translator or interpreter; the payment for the bailiff’s fee; for the exemptions, reductions, rescheduling or delays in payment of the Court fees.
One of the aims of the Scottish Mediation Register is to reassure people of the professional quality of the mediators they select by certifying that they meet the minimum standards.
BUSINESS DEBT RESTRUCTURING UNDER THE BUSINESS DEBT RESTRUCTURING ACT A payment plan must be laid down in a business debt restructuring case.
NIHRC is funded by United Kingdom government, but is an independent public body that operates in full accordance with the UN Paris Principles.
1.3 Aspects related to interactive services For all interactive services the following terms and conditions apply: By using these services you agree to use these exclusively for their intended purpose.
The chamber of notaries enjoys legal personality and has its own income and organs.
The general court of the liable party (see the response to question no. 5 for the definition of the general court of the liable party) is competent to decide on other types of maintenance obligation, including maintenance for adult children.
The LawWorks charity provides free mediation to those who cannot afford to pay.
No, you do not always have to go to court to resolve your dispute.
What does the Lithuanian land register offer?
With regard to legal persons, service is deemed to have been effected in person when the copy of the document has been given to the agency or an employee authorised by law, by the articles of association or by due delegation to represent the legal person in judicial proceedings, even on a joint basis.
The period from the date of cessation of payments to the date of opening judicial reorganisation or judicial liquidation proceedings is in that case referred to as the ‘suspect period’.
They also have civil servant status, because that status alone confers sufficient legitimacy on the duties they discharge, which impinge to a significant extent on civil rights and freedoms.
2.2 Territorial jurisdiction (is the court of city/town A or of city/town B competent for my case?)
Only auction notices are published on the website of the National Bailiffs’ Council (as a statutory obligation) and customarily on the website of the bailiff conducting the auction in question.
Enforcement (also termed 'execution' or 'compulsory enforcement' in Austria) is where the power of the State is used to assert enforceable claims and demands.
If the litigant is unable to bear the costs or the full costs of a lawyer or mediator, he or she may be eligible for legal aid, subject to certain conditions.
The central authority as defined in Article 49(1) of the Maintenance Regulation is the Centre for the International Legal Protection of Children and Youth, which was established on 1 February 1993.
Article 43-A of the Land Registry Code (evidence of foreign law) ‘Where the viability of the application for registration must be assessed on the basis of foreign law, the interested party must prove its content by means of an appropriate document,’ Besides these legal provisions, there are rules of interpretation developed by doctrine.
The auction is completed when bidders do not offer a higher price after the judge has twice called on them to do so.
Representatives of the parties are notified electronically, pursuant to Article 25 of Ministerial Implementing Order (Portaria) No 280/2013 of 26 August 2013.
Unlike in civil cases, even if the compensation claim is unsuccessful, as the injured party you do not have to pay any court fees.
Any major amendment of the federal constitution must be approved by referendum as part of the legislative process.
7 What does the term “marriage annulment” mean in practice?
Experts’ fees The court decides on the remuneration of experts – depending on the objectives of the case, qualifications, time duration and the extent of the workload.
If the court of appeal grants this separate appeal and restores the time limit for appeal, the president of the civil cases division of the court of appeal must transfer the appeal, together with the case file, to the judicial panel of the court of appeal or refer the issue of the appeal's admissibility back to the court of first instance for a decision.
For that reason, they cannot refuse to respond to a request to act, unless their code of professional conduct or the law does not allow it, for example where there is a conflict of interests or the request is unlawful.
Yes, special time limits pertaining to fields of law have been established.
The parties are summoned by the court registrar to appear on a day set for the hearing by the judge.
The same applies in case of default of payment of an accepted bill of exchange, promissory note, cheque or unpaid rent for the rental of real estate (in the case of a written contract).
The mediator in the mediation procedure may meet with each party separately, and unless the parties have agreed otherwise, the mediator may disclose information and data received from one party to the other party only where permission to do so has been given.
A court will also define the rights and obligations exercised during these time periods.
When delivering a judgement of personal separation, the court shall also direct to which of the spouses custody of the children shall be entrusted, the paramount consideration being the welfare of the children.
Regional administrative courts (apygardų administraciniai teismai) Regional administrative courts are courts of special jurisdiction.
Their function is to hear complaints (petitions) concerning administrative actions and acts of commission or omission (failure to perform duties) by entities of public and internal administration.
The following general information is available to users: General information on mediation activity Information on mediators Information on legal persons employing mediators Mediators' addresses, qualifications, language skills, expertise and the county in which they are active.
This Article states that the Tribunal must suspend its proceedings if the claim is sought to be avoided by way of defence, involving an issue outside the Tribunal’s jurisdiction, and/or if there is pending before a competent court an action the outcome of which would affect the claim before the Tribunal; (d) where the Tribunal has acted in a manner contrary to the rules of impartiality and equity and such action has prejudiced the rights of the appellant.
Introduction With the increase in mobility and migration within the European Union, there is also a commensurate increase in the number of relationships of all kinds (be they commercial, legal, academic or personal) between citizens of different nationalities, cultures and with different languages.
The Senate is the court that hears appeals on points of law against all judgments of district or city courts and regional courts, and is the court of first instance for cases relating to decisions of the Council of the State Audit Office (Valsts kontroles padome) adopted in accordance with the procedure laid down in Article 55 of the Law on the State Audit Office.
The order is subject to an appeal on points of fact or law before the Sofia Court of Appeal (Sofiyski apelativen sad) under the terms and procedures laid down in Article 32 of Council Regulation (EC) No 4/2009.
The assessors have the same rights and obligations in the proceedings as the professional judge.
The commercial register was established in 1992 following the adoption of Act No 513/1991, the Commercial Code, and replaced the previous company register.
The amount of maintenance depends on the earning and financial capacities of the person required to pay it and on the reasonable needs of the person entitled to maintenance.
The creditors pay a registration fee.
It is recommended that the standard form approved by the Minister of Justice be used.
In this case, a court decision already exists, but it has not been complied with by the other parent.
As a rule, documents are served by post, while they may also be served by an officer of the court, at the court or in another manner prescribed by law, as well as service by a legal or natural person that carries out the service of documents as a registered business activity on the basis of a special permit from the Ministry of Justice and electronic service of documents (see point 3).
Actions which cannot be delayed may, however, be undertaken even if the consent of all the beneficiaries cannot be obtained.
Effects of satisfying a claim Following the service of notification of the initiation of enforcement proceedings, the effects of satisfying the claim only arise if the enforcement agent receives payment in the amount due.
Anyone else taking part in the proceedings may use either Spanish or the language of the Autonomous Community where the proceedings are being held, in both written documents and oral proceedings.
After this time limit expires, a postal consignment may be stored if the addressee submits a written request to that effect.
Where there are grounds for refusing to give evidence (Section 321 of the Code of Criminal Procedure), the witness is entitled to refuse to answer a question or individual questions.
SPECIALISED HUMAN RIGHTS BODIES The Ombudsman for Children ('Rzecznik Praw Dziecka') Address: ul.
Thus 'in cases of intestate succession (i.e. where the is no will), the law of the domicile of the testator at the time of death applies to the succession to movable property; the law of the jurisdiction in which the property is located applies to succession to immovable property.
The court’s interim measure governs the child’s situation for the time strictly necessary by placing the child in a suitable environment, as indicated in the court order.
The first stage of this procedure is conducted without the participation of the debtor.
With regard to the seizure of wages and pensions, the Code of Civil Procedure lays down the following precautions: 1) A salary, wage, pension, remuneration or its equivalent not exceeding the amount of the minimum wage (this is set annually by the Government) may not be seized.
After receiving the required supporting documents from the creditor or the debtor, the Ministry of Justice fills in Part A of the application and may assist the creditor or the debtor in completing Part B of the application.
The Ministry of Justice is the central authority designated to receive applications for specific measures and for maintenance.
In the case of administrative proceedings, unless the exclusive competence of another court is established or other provisions are laid down by legislation, jurisdiction is established on the basis of the seat of the administrative body proceeding at first instance.
The heirs of a person who was obliged to maintain a minor or who provided maintenance without having any legal obligation to do so are bound, depending on the value of the inherited assets, to continue to provide maintenance if the minor’s parents are dead, missing or needy, but only for as long as the person receiving the maintenance is a minor.
If a public will exists (see above), it may not be necessary to present a certificate of inheritance or European Certificate of Succession in such cases.
That one of the parties had contracted the marriage while being in error as to the identity of the other or as to such of his personal qualities as might have been decisive in giving his or her consent to contracting the marriage.
It also takes into account the manner in which the child is preparing for his/her future career, extracurricular activities, hobbies, etc.
(C) Payment of the fixed registration duty can be made: (a) at Italian banks using form F23; (b) by bank transfer.
It describes the justice system and matters related to the Polish civil law, including judicial costs.
The party seeking enforcement and the judgment debtor must be advised by a barrister and represented by a solicitor, except in the case of enforcement of decisions issued in proceedings in which the intervention of said legal professionals is not mandatory.
All wills, particularly holographic wills, may be registered by the notary in the Central Register of Wills (Fichier central des dispositions de dernières volontés, FCDDV).
In such a case the successor is liable for the debts of the testator only with the inherited estate.
However, the court is not bound by a decision that an offence has been committed or by a decision on who committed it if the decision was made in on-the-spot proceedings.
In the case of the crime of failure to pay mandatory maintenance, the Criminal Code states that a criminal act is committed by a person who fails, either intentionally or through negligence, to comply with his/her legal obligation to maintain or care for another for a period longer than four months.
Complaints relating to court judgements including issues relating to child maintenance and custody where parents often object to court decisions which are made claiming them to be biased or causing harm to the child.
Before a public auction starts, an enforcement agent must determine if the nature and the value of the property is such that participants in the auction be required to pay a deposit, which may be no higher than 10 % of the starting price for the property.
There is also the possibility of seizing, consigning and confiscating sums of money.
There is a distinction between seizure and confiscation income arising from illegal activities, and doing so with income arising from permitted activities, such as those arising from intellectual property.
Together with the request for reinstation of the time limit, the papers for which a recovery of the time limit is requested are also submitted, and if the time limit is for payment of expenses, the court sets a new time limit for their submission.
Jurisdiction based on the location of property – if a person has a residence or registered office in a foreign state, an action involving a proprietary claim can be filed against that person with the court whose jurisdiction covers the location of the property with respect to which the claim is filed, or with the court whose jurisdiction covers the location of other property belonging to the person.
Applications for a European order for payment to be issued must be submitted to the provincial court with jurisdiction over the permanent address or registered address of the debtor, or over the place of enforcement.
As the Supreme Court (Sąd Najwyższy) explained in its decision of 10 November 1971 in case III CZP 69/71, a parent entitled to house a child in his or her place of residence should have the right to co-decide about changes in the child’s habitual residence if such changes would actually make it impossible for that parent to contact the child.
Country: Croatia Instrument: Recognising and enforcing judgements in civil and commercial matters - European enforcement order 1.
Access to the insolvency register of Scotland is free.
Service by recorded delivery letter, with advice of receipt, ‘is deemed to have taken place on the day on which the advice of receipt is signed and to have been effected by the addressee even if the advice of receipt was signed by a third person, assuming, unless there is evidence to the contrary, that the letter was promptly delivered to the recipient’ (Article 230(1) of the Code of Civil Procedure).
3.4 the obligation to pay maintenance to the other spouse?
When granting the divorce, the court, on application by a party, orders regular payment of maintenance to a party who lacks sufficient means or who is unable to procure them for objective reasons.
These provisions read as follows: ‘Section 1079 Competence Certificates under: 1.
In an enforcement case, a third party must state whether the debtor has claims or other affairs with him or her that may be of relevance for the assessment of the extent to which the debtor has attachable property.
If it is not possible to correct the original certificate a new certificate must be issued to the debtor.
The role of registrars is to assist judges with all relevant acts and records, namely during hearings, the appearance of parties, investigations, on-the-spot visits, autopsies, bankruptcy inventories, the drafting of judgments and hearings of persons under guardianship or custodianship.
The ECLI integration process was successfully completed in Spain, and we are currently a partner in the BO-ECLI project.
The person is informed by the court.
1.8 Reimbursement of costs Is there any restriction on the reimbursement of costs?
The scales of fees set out in the Lawyers’ Scales of Fees Act and the General Fee Criteria do not include value added tax.
An application for annulment of a marriage must be filed with the court of the place of residence of the respondents or one of the respondents.
Deputy District Judges (Magistrates’ Courts) deal with work similar to that of their full-time counterparts.
You can find the locations of the Crime Victim Support Offices at the following link.
For terrorism offences, the Ministry of the Interior is the assisting authority.
The Federal Mediation Commission has regulated mediator training but training itself is provided by the private sector.
If Irish legal proceedings need to be served by another method such as by ordinary pre-paid post, fax, e-mail or advertisement, then an application is made to court for ‘substituted service’ and if granted, the proceedings can be served by the alternative method permitted by the court.
Also done in the French or German language.
The parents of minors who die as a direct consequence of a crime are also considered indirect victims for the purposes of the financial aid provided for by Spanish law.
The National Machinery for Women’s Rights is a key organisation for making and promoting the government’s policy for eliminating law-based discrimination against women and establishing equality between men and women in all fields of law.
If a claim concerns compensation for negligence, annoyance or breach of institutional duty, no action may be brought after a period of three (3) years has elapsed from the date of completion of the basis of the claim.
The compensation is usually in the form of a monetary award of damages.
If one of the parents is dead or is not known, or if one of the parents does not have parental responsibility or his/her exercise of parental responsibility is suspended, the other parent will exercise parental responsibility; this will also apply if the parental responsibility or its exercise by one of the parents is restricted.
If only one or some of the heirs wish to divide the estate while the others disagree, the parties wishing to divide the estate may bring a case to court regarding division.
The Council has a pivotal role in terms of preparing, implementing and accounting for the judicial system’s budget.
This is governed by Sections 688 et seq.
of the Code of Civil Procedure (Zivilprozessordnung).
Attorneys may request that a portion or the full amount of their fees be paid in advance, which is common practice.
Full legal evidence may only be countered by evidence proving that the fact that gave rise to it is not true, without prejudice to other restrictions specifically determined by law.
Assize courts The assize court (cour d’assises) tries serious crimes (crimes): these are offences in the most serious category, carrying a sentence from ten years’ imprisonment to life imprisonment.
The local competent court is the district court of the place of enforcement if other acts of the enforcement procedure follow the order served, otherwise the competent court is the court set out in Article 584.
The ordinary arrangement, laid down by statute, is joint ownership of all property (algehele gemeenschap van goederen).
The Commission for the Administration of Justice is the body responsible for regulation of this profession in Malta.
A notarial will has the same legal effects as a court will (Article 46(1) of the ZN).
The Federal Prosecutor‑General and the public prosecutors’ offices of the Länder are distinct and separate, and operate at their own levels.
Any attachment for an amount of less than EUR 535 in living quarters also requires prior authorisation by the enforcement judge.
3 What are the conditions under which an enforceable title or decision may be issued?
3.1 The procedure Enforcement cases under the Enforcement Code For enforcement to be effected, there must be a judgment or other enforceable title.
It is quicker and cheaper than court proceedings.
Actions for a claim under real estate lease (najem or dzierżawa) may be brought before the court with jurisdiction over the location of the real estate.
A court may also appoint two persons – who are as a rule married – to the role of custodian.
On expiration of the deadline, the proceedings are suspended.
No, because what is important here is that procedural steps in relation to an Austrian court are taken on time.
For activities which may be deemed average in terms of duration, requirement for the exercise of legal judgement and responsibility conducted in their offices, notaries are entitled to the amount of fee defined by law.
In order to implement laws, the Council of Ministers adopts decrees, ordinances and resolutions.
A non-judicial confession that does not take the form of a document may not be proven by witnesses in cases where testimonial evidence is not admitted; when this is admitted, the court freely considers its probative force.
The National Courts Administration (Nacionalinės teismų administracija) seeks to ensure that the institutions of the judiciary operate effectively and helps to guarantee the independence of the courts and judges and the organisational autonomy of the courts.
Certain types of dispute involving rent or leases are heard by Rent Tribunals (‘hyresnämnder’) or Leasehold Tribunals (‘arrendenämnder’).
Contractual regime; Under the new Family Code, spouses may conclude a nuptial agreement, an option that is new to Bulgarian law.
A request to establish, change or terminate a maintenance allowance must be submitted by a lawyer.
The lawyer represents the applicant during the sitting.
At the preparatory meeting (first session in the oral proceedings), the subsequent timing and order of the proceedings are discussed with the parties, who must normally attend in person unless their representative is sufficiently informed of the facts, and then decided by the court.
A creditor who had lodged a lawsuit before the opening of bankruptcy proceedings must notify his claim in the bankruptcy proceedings.
When the document is sent by registered letter with acknowledgement of receipt, if the addressee cannot be found at the address shown on the letter, a delivery notification is left at that address.
Regulatory acts Regulatory acts are legislative acts issued by the executive pursuant to statutory powers vested in them and must be in keeping both with EU law and the Constitution and laws.
The Slovenian Business Register is the central public database of information on all businesses with a registered office in Slovenia which are engaged in gainful or not-for-profit activities and information on subsidiaries and other divisions of those businesses.
The Civil Code under Article 1316 provides that any marriage celebrated in Malta would give rise to community of acquests regime.
Specifically they hear cases concerning: separation, annulment and divorce; and the exercise of parental responsibility over minors.
In this case, the amount of the fee is calculated by adding together the amounts for each of the joined actions.
Clerks The Ministry of Justice, Transparency and Human Rights is responsible for the conditions of service for employees of Greek courts.
However, in this case, the parties will be required to pay them their fees, as in the case of parties who are not entitled to legal aid, unless the freely appointed legal professionals waive their fees as provided for in Article 27 of the Law on Legal Aid (Ley de Asistencia Jurídica Gratuita).
Evidence cannot be obtained from persons who were or are unable to witness the facts to be proved or to communicate what they have witnessed.
At the conclusion of the restructuring programme, the supervisor or, if there is no supervisor, the debtor shall present a final report on the implementation of the programme.
From that date the time limits for the relevant procedural action start to run.
In addition, the spouses have the right to jointly possess any objects forming part of their joint property.
BUSINESS DEBT RESTRUCTURING UNDER THE BUSINESS DEBT RESTRUCTURING ACT There are no special rules concerning set-off.
All courts in the Czech Republic have access to the system and may obtain excerpts from it subject to the conditions stipulated in Section 8 of Act No 133/2000 on the population register of inhabitants and on personal identification numbers (Population Register Act) and subject to the conditions stipulated in Act No 101/2000 on the protection of personal information and amending certain acts.
Series 10, subseries 2.1, for example, contains data on the length of civil proceedings throughout Germany, broken down by individual Land and higher regional court [Oberlandesgericht] district.
Given the type of cases envisaged, the courts with jurisdiction in the subject matter will normally be the district courts, while the criterion for determining territorial jurisdiction will normally be the place of residence/registered office of the defendant.
Yes, an acknowledgement of receipt, which as proof of the serving of a judicial document is a public instrument.
In criminal matters and matters involving minors, a settlement reached during mediation does not replace a court judgment and is not binding on the court, however the court should honour the content of the decision at the close of the proceedings.
At the request of one of the spouses, the court may divide the joint property in the divorce decree.
Jurisdiction for the subject matter is governed by Sections 9 to 12 and territorial jurisdiction by Sections 84 to 89a of the Code of Civil Procedure.
There is no legal obligation to accept electronic service or communication.
This includes the process of execution and representation during the preliminary extra-judicial stage of a dispute – where such a procedure is required by law or court decision.
1.7 Effect of statement of opposition If even one defendant files a statement of opposition within the time allotted, the order for payment or electronic order for payment is set aside in full, the court will order a hearing, and the procedure will proceed in accordance with regular rules of civil procedure.
Public policy does not exclusively protect domestic law from foreign substantive law.
A refusal or suspension of enforcement within the meaning of Article 41 of Council Regulation (EC) No 4/2009 is decreed by the provincial court.
Their powers and organisation are mostly laid down in the State Prosecutor's Office Act (Zakon o državnem tožilstvu) and the Criminal Procedure Act (Zakon o kazenskem postopku).
First, the enforcement agent carries out the attachment of property or sums of money.
The expiry of a period of prescription or limitation puts an end to the right of action, and any proceedings are barred; an application will be declared inadmissible without consideration of its substance.
An application for enforcement must be accompanied by a copy of the judgment furnished with confirmation of its enforceability.
In Spanish legislation, precautionary measures can only be adopted by the courts.
The main parties involved in the enforcement process are the executor (the party requesting enforcement, the creditor), the debtor (the party against whom the enforcement action is being taken) and the bailiff (the public official responsible for taking the actual enforcement action at the executor’s request).
4.2 What are the effects of enforcement measures?
Territorial jurisdiction is regulated according to general criteria (defendant’s domicile/ office), alternative criteria (parentage, maintenance, transport agreement, insurance agreement, bill of exchange/check/promissory note/security, consumers, civil liability under tort law) or exclusive criteria (properties, inheritance, companies, actions against consumers), laid down by Article 107 and the following of the New Code of Civil Procedure.
The judge may decide upon any issue brought to the court, including the place where the child is habitually resident, which parent will exercise parental rights, what arrangements will exist for contacts between the child and the other parent, the parent’s rights to visit/access, the obligation to make maintenance payments for the child, the choice of school, the child’s name, etc.
The law does not specify the conditions for legal separation.
Types of auction to which some rules may not fully apply There are no types of auction to which these rules do not fully apply.
DEBT RESTRUCTURING A debt restructuring decision releases the debtor from liability to pay the debts covered by the debt restructuring in so far as they are reduced.
For instance, if the defendant lives in Gozo but the obligation subject to the claim is to be performed in Malta, Maltese Courts have jurisdiction and all cases must be filed in Maltese Courts in spite of the fact that the defendant lives in Gozo.
Furthermore, the presidents of the courts can decide whether they intend to publish other decisions on merit.
The court may award compensation for these costs or part thereof should the circumstances of the case or the situation of the parties justify so doing.
The Criminal Division, presided over by the Lord Chief Justice, hears appeals against conviction and sentencing from people convicted or sentenced in the Crown Court.
State bodies, lawyers, notaries, executors, expert witnesses, court appraisers, court interpreters, receivers and other persons or bodies shall always be served electronically to a secure e-mail address.
If a general meeting of creditors decides to elect a bankruptcy committee, it is the duty of the latter, among other things, to protect the interests of all creditors in the bankruptcy proceedings.
These rules are based on general criteria for drawing up lawyers’ bills, such as the complexity of the case, proportionality, etc., and are followed by all lawyers when issuing their bills.
For debtor protection purposes, any personal belongings that are essential to survival or to the pursuit of a person’s occupation cannot be subject to enforcement.
The law also provides for electronic applications, i.e. applications in electronic form and signed with a secure electronic signature verified by means of a qualified certificate.
All the procedural documents and their annexes must be submitted to the court in the national language.
Defendants must appear in person, except where the punishment for the offence is no more than a fine, in which case they may be represented by a lawyer.
In matters relating to absent or missing persons, the court for the place of residence left by the absent or missing person has jurisdiction.
Organisation of the legal profession: Lawyers Barristers / Lawyers Role and duties Lawyers are professionals authorised to provide legal advice and opinions as well as to represent their clients before courts, tribunals or other legal forums.
The official publisher operates in accordance with international standards ISO 9001:2008 (management system) and ISO 270001:2005 (information security).
Every court has a complaints procedure that sets out the rules on dealing with complaints.
The application is to be notified to the opposing party who, within ten days, shall file a reply containing all the submissions they may wish to make.
Both these websites are available to the general public and offer you free access to all information.
Judges are appointed to a ten-year term of office by the President of the Republic with the consent of the Senate.
Article 6 – Means accepted for transmission of requests and other communications Requests may be sent by post, fax or e-mail.
This applies in particular to the check to be carried out by the registry office in order to determine whether a divorce granted in another Member State permits remarriage.
The existence of specific rules for the service of documents The purpose of the specific rules for the service of documents in the Civil Procedure Code is an attempt by the legislature to uphold the principle of equality of arms and the adversarial system in judicial proceedings.
If, in spite of publication, the respondent fails to appear in court when the case is heard, the court appoints a special representative for him at the plaintiff's expense.
Specialised bodies for the protection of human rights Ombudsman for Children (role performed by the Chancellor of Justice) Chancellor of Justice: CONTACT_INFO The role of the Ombudsman for Children is performed by the Chancellor of Justice.
There are also Business Registers in Ceuta, Melilla, Ibiza, Mahón, Arrecife, Puerto del Rosario, Santa Cruz de la Palma, San Sebastián de la Gomera, Valverde and Santiago de Compostela.
Primary legal aid comprises: a) general legal information; b) legal advice; c) the drawing up of submissions to bodies governed by public law, the European Court of Human Rights and international organisations under international agreements and the rules on the functioning of those bodies; d) representation in proceedings before bodies governed by public law; e) legal aid in an amicable out-of-court settlement.
The court will take account automatically of the lessons of common experience, without requiring evidence.
Legal databases There are no databases apart from those listed above.
The fact that the action (motion to initiate proceedings) is delivered to the court commences the proceedings and the court does not issue any special confirmation that the proceedings have commenced.
Types of legal instruments - description The Romanian legal framework includes the following legal instruments: The Constitution is Romania's supreme law.
If an ongoing case is involved, the particulars required include the file number of the case.
In civil cases, they hear appeals against judgements of the regional courts, and appeals against judgements of the local courts in family matters.
3.8 Real property Under Article 101.1 of the Civil Code, ownership, property and other rights over real estate, and its publicity, are governed by the law of the place where they are located, which also applies to movable property.
Evidence that is obtained unlawfully may not be used during the proceedings.
A list of places in alphabetical order with postal codes is provided in the courts database.
Pursuant to Article 39 of the Court Fees Act, the court is to first warn the party of the obligation to pay the fee within three days, and where a party fails to comply with the warning, the court will adopt a decision in respect of the fee on which the additional charge of HRK 100 is payable.
Click on the below link to view all competent authorities related to this Article.List of competent authorities Article 14(2), third indent - Available methods of receiving applications The following means of communication are available: For receipt and dispatch: post, including private courier services, fax.
Announcement register: yes Official Gazette: PDF copies have been free of charge since 2011.
An annulment may be sought by a spouse who was induced to marry by threat, duress or fraud.
Claims that have already been raised with the court, and enforceable claims, including those that are being recovered by enforcement or distraint, are also lodged.
2 What are the conditions for opening insolvency proceedings?
1.7 Content of judgment There are no specific provisions on the content of judgments in small claims cases.
On request, the court commissioner must issue an official confirmation to the beneficiaries as proof of their power of representation (Section of the 172 Non-contentious Proceedings Act).
Pursuant to Article 148(2) and (5) of the Code of Civil Procedure, applications sent to the courts can also be lodged as electronic documents, provided that the legal conditions are met.
Related attachments Latvia’s report of the Study on Transparency of costs(742 Kb)
Parties may also be exempt from the payment of court costs to the state in other cases provided for by law.
The good faith of the spouses is assumed.
The first of such courses, on mediation skills, was held in July 2008.
A cross-border claim exists if the creditor and debtor are domiciled in different EU Member States.
However, the Supreme Court of the Republic of Slovenia decides on a complaint against or the revision of a decision of first instance in an administrative dispute.
In doing so, the court takes account not only of the income of each spouse, but also other circumstances, such as the assistance that one spouse gave to another, the care and upbringing of any children, the performance of domestic work, the maintenance of assets, and any other form of work and participation in the administration, maintenance and increase in the joint assets.
Evidence is generally taken at the main hearing before a judge, who issues the final decision (first paragraph of Article 217 of the ZPP).
The procedure is written and follows the adversarial principle.
Pursuant to Article 17 of the Regulation, examination is conducted directly by the requesting court.
The corresponding provisions can be found in Section 324 et seq.
of Act No 160/2015, the Code of Civil Dispute Procedure, and – for special proceedings – in Section 360 et seq.
of Act No 161/2015, the Code of Civil Non-Dispute Procedure.
Even if custody of the minor child is assigned only to one parent, parental responsibility on matters of particular importance to the child’s life lies with both parents, unless the ruling determines that such exercise falls exclusively to one of them.
Article 2(4)(d) – Languages that may be used for the completion of the standard form set out in Annex I Apart from Greek, the form may be completed in English or French.
If no fee agreement has been concluded, the lawyer, whether as defence counsel or as representative of a co-prosecutor, receives fees for particular milestones defined in a framework which the law requires to be drawn up for this purpose in each case.
Likewise, if the main request underlying the application of a precautionary measure has been voided, dismissed or has become obsolete by a final judgment or if the person who filed that request relinquished its pursuit, the debtor may request the release of assets from the court that issued the injunction.
According to this law all victims of violent, intentional crime have access to the national compensation scheme in the Member State on whose territory the crime was committed.
Otherwise the court will not approve the agreement.
Procedures before the Advocate of the Principle of Equality are free of charge and confidential.
The Ministry of Justice has no powers in this matter and therefore letters or other documents concerning service of documents should not be addressed to the Ministry.
By default, today’s records are displayed.
sudac porotnik) In order to be appointed lay judge, a person must be an adult Croatian citizen who is fit to occupy such a post.
This list is retained and maintained by the Criminal Court Registry.
The general directory of company names, the entry and all other information necessary for the public use of the Registry are published on the Registry website.
The books and papers of the bankrupt shall be open to inspection at all times, so this signifies also that the debtor has a right to know, check and verify the actions of the curator appointed by the Court.
The maturity of the claim is demonstrated in a notarial record, a public document or a document certified in accordance with the law.
The information is usually provided in Castilian Spanish.
Various authorities have jurisdiction over matters relating to the administration of succession.
The governmental phase or the pre-parliamentary stage refers to: the drawing up and adoption at government level of the draft legislative act; the submission of the draft legislative act to public debate, under the conditions laid down by law; endorsement by the Legislative Council, inter-ministerial endorsement and endorsement by other institutions; adoption at government level of the draft legislative act.
3.8 Real property For proprietary relationships and other rights on objects, the law of the state where the object is situated applies.
They also have the task of advising individuals and businesses, whether or not in connection with the drafting of official documents, and alongside their main business they may play a part in the administration of assets and property transactions.
Professional legal representatives may provide information and assistance with various procedures in other languages.
If the police think that the suspect may have committed a crime they consult the Crown Prosecution Service (CPS) about whether to charge him – that is, make a formal accusation to be tried in court.
1 Existence of a specific small claims procedure Finland’s current legislation does not include procedural regulations that depend on the monetary amount pursued by the claimant.
Directive 2008/52/EC allows those involved in a dispute to request that a written agreement resulting from mediation be made enforceable.
Administrative Courts In Estonia there are two administrative courts: Tallinn Administrative Court and Tartu Administrative Court.
Article 25 1 (c) Authorities or organisations providing practical assistance We plan to change the law to make it possible to handle requests for practical assistance in filling in the forms.
Justice‑related duties other than the dispensation of justice are discharged by judicial clerks and senior judicial clerks (and may also be discharged by judges if judicial clerks cannot do so).
If the appellate court has upheld a ruling for granting or refusing interim measures, the ruling is not subject to cassation appeal.
If the presence of a legal translator cannot be ensured, the translations made by trustworthy persons who speak the language in question may be used.
If the testimony of witnesses is contradictory, they may be examined concurrently.
A search mechanism allows Member States to search the index on-line.
If a party is partially successful in his or her action, the court may, in the light of the success achieved, order each party to bear their own costs or for one party to reimburse the other and his or her intervenor a proportional share of the costs.
A court will also postpone the enforcement of a decision if required by specific legislation.
If, for objective reasons, evidence can be taken only in another place, it may be taken on the basis of letters rogatory by a court at the same level, or by a lower court if there is no court of a similar level in that locality.
Their home country will supervise them using non-custodial measures (e.g. requiring them to remain at a specified place, or asking them to report to a police station every day).
The contact details are as in (a) above.
The provision of services by lawyers is regulated by Act No 85/1996, o advokacii.
Sections 17 to 21 of Act No 327/2005 regulate the provision of legal aid in cross-border disputes where the competent court of law is a court in the Slovak Republic, and Sections 22 to 24c of Act No 327/2005, regulate the provision of legal aid in cross-border disputes where the competent court of law is a court in a Member State other than the Slovak Republic.
Every document is registered in the entry registry of the IKAR system, where it receives a number showing the exact date and time of the entry.
These are for example, before the opening of the proceedings, the costs of consulting legal advisers, technical specialists and travel costs.
Information about some of the tribunals and specialised courts in England and Wales can be found on the page describing specialised courts in England and Wales.
A copy of the legal ruling ending the criminal proceedings and against which no further remedy is available (judgment, judgment in absentia, decision to close the case due to death of the offender or decision to dismiss the case).
The legal profession is divided between solicitors (who concentrate on direct client work) and barristers (who specialise in advocacy and litigation).
The court may reject the claim outright, in the event that the conditions have not been fulfilled (see Sections 1338 and 1344 of the Judicial Code).
Precautionary measures are procedural freezing and conservation injunctions issued by the court on the debtor’s assets in order to prevent the opposing party from destroying or alienating the assets concerned or from reducing those assets.
Advance payment of up to 640 euros is made on the basis of the relevant application.
The order for payment was abolished at the end of 1991 with the introduction of the procedure before the cantonal court.
The required information is shown on the application form.
An addressee who has opted to lodge documents via a data transmission system may opt out of electronic service.
However, an interested person may go to the Court of Voluntary Jurisdiction to seek the opening of the succession in his favour.
The other parent’s consent is necessary for the child’s removal to another State if the parents have joint custody of the child.
In other cases, the place of business or, in the absence thereof, the residence or registered office of the debtor is deemed to be the place of performance of the obligation.
If a marriage is voidable it is treated as being invalid from the date on which the decree of nullity is made absolute.
The following legal aid providers are covered in the Free Legal Aid Act: lawyers, authorised associations, trade unions, legal clinics and state administration offices in counties.
Therefore, they cannot accept responsibility for any prejudice, loss or damage that could be caused through the use of the information, since the information shown is intended solely as a general guide.
Such a court ruling may not be contested by filing a separate appeal.
Since September 2007, information provided by the portal is free of charge by law.
To enter the heir or heirs into the land register, a registration application from the new owner of the real right must be submitted, and a document substantiating legal succession - the succession certificate – must be appended.
The House of Lords was the UK's highest Court of Appeal until 30 July 2009.
You can find out more on the website of the Chancellor of Justice.
For the most part these tasks have been transferred to private associations, which, nevertheless, are under the supervision of the Federal Ministry of Justice.
Judgments are also available that relate to financial compensation for non-material (non-pecuniary) damage awarded in civil disputes via the special search engine, which helps the user to search for similar case law by damage type and by date.
A lay judge has the same status, rights and duties as a judge in the administration of justice.
The legislation governing state legal aid (the State Legal Aid Act (Valsts nodrošinātās juridiskās palidzības likums) and the Criminal Procedure Act) (Kriminālprocesa likums)) lays down the circumstances in which legal aid may be granted, in civil cases, administrative cases and criminal cases, the assistance given being paid for by the state.
If this is not paid within the deadline set, the evidence may only be given at a later date if this will not cause a delay in the proceedings.
The executive summary is available in English(909 Kb) and French(893 Kb).
However, litigants must use their own resources insofar as this is reasonable.
The law applicable to the name of physical persons is governed by the Munich Agreement of 1980.
Specialised courts In general, there are no specialised courts in the Czech Republic, though there are specialised chambers in the ordinary courts (for employment cases).
Where the spouse inherits the property of the deceased, together with ascendants and siblings or their descendants, the spouse inherits one-third of the property in the former case and half in the latter case.
This question of time limits on bringing court actions can be clarified by a legal adviser or a citizen’s advice bureau.
NO, the victim cannot claim compensation from the Republic of Croatia if the crime was committed in the territory of another state.
The European Court of Human Rights has designed an admissibility checklist in order to help potential applicants work out for themselves whether there may be obstacles to their complaints being examined by the Court.
If the defendant fails to appear on the first case-list date, the summons is checked for any defects that may render it invalid.
A person of legal age who has restricted legal capacity may also lack the capacity to sue and capability of being sued.
Article 14(2), fourth indent - Languages that may be used for completion of the application Languages that may be used for the completion of the application: Czech, English.
Conversely, the date of service by bailiff is always indicated on the notice of service.
For all other proceedings, the legislation enabling proceedings to be conducted electronically is to be phased in by 2021.
More details of the examination and the procedure for taking it are laid down by the Decree on the examination for attorneys from other countries (Uredba o preizkusnem izpitu za odvetnike iz drugih držav).
Ownership rights cease when the liquidation proceeding is ordered, which serves to protect the assets of the insolvent estate, and from the starting date of the liquidation only the liquidator acting as the debtor’s representative may make legal statements concerning the debtor’s assets.
Special maintenance enforcement In the event that maintenance is due to minors, the maintenance creditor may, alternatively, bring special enforcement action for maintenance, as provided for in the Code of Civil Procedure (Código de Processo Civil).
The Notary Public discharges the following principal functions: Authentication of documents Attesting and verifying of signatures on documents Execution of notarial protests in respect of commercial documents such as bills of exchange and promissory notes, and of maritime matters Taking of affirmations, declarations and (save in respect of proceedings before the Irish courts) affidavits.
Throughout the procedure the application for a European order for payment is made in writing using standard forms.
An official transfer of a notary to a different notarial position is not permissible.
Yes, Portugal is bound by the 2007 Hague Protocol.
1.4 Rejection of application If the debtor challenges the claim, the court reviews whether the claim is justified based on the documents on file, and on the explanations and clarifications provided by parties.
The tests basically involve drafting a judgment or ruling.
Exclusion from an inheritance is not permitted in an agreement on succession.
This right applies not only in the event of a change in the respective situations of the creditor and of the debtor, but also in the absence of any change, if the judge deems that the amount is insufficient or excessive.
For instance, there is no charge for documents issued to the injured party in a criminal case pursued by the public prosecutor.
Before instituting litigation proceedings or any other judicial proceedings on a claim that is being secured, the territorial jurisdiction to adjudicate on motions to secure by interim measures lies with the court that would otherwise have had jurisdiction to adjudicate on motions to enforce.
Land and Protpery Services administers three registires: the land registry, deeds registry and statutory charge registry.
Judgments of divorce can be appealed in a Court of Appeal (hovioikeus).
The courts competent to certify authentic instruments drawn up in Hungary as European Enforcement Orders can be found using the search tool at the top of the page.
If you need to bring a case against parties located in different judicial districts or if your case regards property spread over more than one judicial district, you may apply to the courts in one of those districts.
Federal Supreme Court of Justice: no Federal Administrative Court: yes Federal Finance Court: yes Federal Labour Court: no Federal Social Court: no Federal Patents Court: no as to the irrevocability of the decision?
The court freely considers the statements of the parties, except where they involve a confession.
The lay members of the Military Court must be professional military personnel.
Publication rules There are binding rules for the publication of case law at the national level and at the level of courts.
Judges are appointed through an open competition.
An order for payment cannot be issued if the claimant is not claiming a financial receivable, if the whereabouts of the defendant are unknown, or if the order for payment is to be delivered to a defendant abroad.
Regional courts of appeal are courts of third instance in criminal cases where a regional court was the court of second instance.
There are books that give details of the average cost risk for civil proceedings.
Organisation of the ordinary courts Apart from the Constitutional Court, which is specifically competent to administer justice on legal-constitutional issues, the following categories of courts exist in Portugal: a) The Supreme Court of Justice and the judicial courts of first and second instance; b) The Supreme Administrative Court and the other administrative and fiscal courts; c) The Court of Auditors.
The parties may participate in the examination of witnesses and, with the court’s consent, ask them questions to clarify or complete their testimony.
Hierarchy relates to the entire issue of legitimate authority and also includes the categorical imperative that a piece of legislation may only be made by a body authorised to do so by law – within the limits of law and its own legislative powers.
Subsequently, 18 Member States (Sweden, Belgium, Greece, Croatia, Slovenia, Spain, France, Portugal, Italy, Malta, Luxembourg, Germany, the Czech Republic, the Netherlands, Austria, Bulgaria, Finland and Cyprus) expressed their wish to establish enhanced cooperation between themselves in the area of the property regimes of international couples so as to enable Member States that so wished to adopt Union legislation in this area.
The Register contains any judgment, regardless of whether it was obtained in the District, Circuit or High Court, which the creditor has requested be entered.
Certificate from an investigative body Invoices for funeral expenses Invoices for medical treatment expenses, receipts for medicinal products, etc.
In the future the European e-Justice Portal will provide detailed information in this area.
The Prosecutor-General may refer matters to the Constitutional Court.
Poland is a party to many international agreements that govern the above issue.
Clients of the Online Land Office can access a limited range of data free of charge.
In the place of a child (or a more distant descendant) debarred from succession, the descendants of a debarred person succeed in accordance with the rules of substitution, that is, - in equal shares among themselves; - in aggregate, the share that their debarred ascendant would have inherited.
This issue is governed by Act No 99/1963, the Code of Civil Procedure.
The liquidator presents a report to the appointed notary, listing the operations carried out in order for the collection of the receivables and the method for settling the debts.
In the event of failure to make payment when the application is submitted, the bailiff instructs the creditor to comply with the order within 7 days.
A person authorised by a party to the proceeding who is unable to sign the procedural document must sign it on behalf of the latter, indicating the reason for which the party cannot sign the submitted document himself/herself.
For this purpose, they are allowed to seek assistance from a notary.
Applicable income threshold in the area of criminal justice for defendants Provided certain conditions are met, every defendant is entitled to representation by public defence counsel, irrespective of his or her income.
Any restraint on alienation and encumbrance established on the debtor’s real property or other assets ceases on the starting date of liquidation, while repurchase rights and options to purchase, as well as liens cease when the asset is sold.
Where the indivisible asset is a home that used to be the property of marital community wound up by the death of a spouse or a divorce and the surviving spouse or ex-spouse vested with parental rights to the children born of the marriage has no home of his or her own, the court may, at the request of that spouse, use the home as a share, settling the shares of the other co-dividers with other properties or in cash.
Jurisdiction of local courts Under Article 99 of the Courts Act, local courts in Slovenia have jurisdiction in the following matters: Criminal matters To adjudicate at first instance on criminal offences that are punishable by a fine or a term of up to three years imprisonment, except where they concern criminal defamation offences committed by the press, via radio, television or other means of public information To investigate criminal offences as described above To perform other tasks determined by statute.
You will need to pay to the State a fee, which will depend on the amount you are claiming, at the time you file the application (single fee under the Consolidated Law on Legal Costs, Presidential Decree No 115/2002).
For example, a right of action to claim performance of a contractual obligation to provide or do something expires 5 years after the start of the day following that on which the claim became exigible.
The writ of attachment must then be transcribed into the records of the mortgage registry within 15 days and served within six months.
Citizens Advice Service The Citizens Advice service helps people resolve their legal, money and other problems by providing free, independent and confidential advice, and by influencing policy makers.
It might be better to use alternative dispute resolution systems, such as mediation.
On request, the commercial court issues a certified true partial or full copy of the entry or of the documents deposited in the document registry or a certificate confirming that an item of data is not in the public register, unless the applicant specifically requests a non-certified copy.
Article 134b of CPA provides that if, further to a specific person’s request and the approval of the president of the court, service is effected on him/her at the court, the documents addressed to him/her by the court shall be placed in a post box in a room assigned by the court for this purpose.
If the obligor does not voluntarily comply with the enforceable title, the obligee may lodge a petition for the enforcement of the decision; however, under the Non-Contentious Civil Procedure Code the court may initiate proceedings on its own motion.
The obligation lapses if the father-in-law or mother‑in‑law remarries, or if the spouse (through whom there is a relationship by marriage) and the children of the marriage are deceased (Articles 206 and 207 of the Civil Code).
Cost sources Where can I find information on cost sources in Bulgaria?
When the Portuguese court is the requested party, it is the responsibility of the requesting court to notify the persons to be heard and to inform them that appearance is on a voluntary basis.
Following each inspection, judges are ranked by merit, using the categories very good, good with distinction, good, sufficient and poor.
If the letter is returned because the addressee has not collected it from the post office within the statutory time limit or because a person other than the person being served refuses to sign the advice of receipt or to receive the letter, the service is repeated and another registered letter with advice of receipt is sent to the person being served.
As Germany is a federal state, it is up to the Länder to publish their own official announcements.
The plaintiff may request legal aid under Law 3226/2004, if his or her income is very low, by submitting evidence to that effect with an application for a separate injunction before the Single-Member Court of First Instance.
To prevent the creditor from attaching all of the debtor’s means of subsistence, a Grand-Ducal regulation sets the rates for assignment and attachment of salaries, pensions and annuities.
Dual nationality is determined on the basis of whether it is dual nationality according to Spanish law or dual nationality not provided for by Spanish law.
In the Republic of Slovenia, enforcement is uniformly governed by the Enforcement and Securing of Civil Claims Act (Zakon o izvršbi in zavarovanju – ZIZ).
The keywords used are taken from the Court of Cassation’s nomenclature, as provided in the annual published tables of the Court’s Bulletin, available under the heading ‘Titrage’.
They can be accessed by clicking titrage in the judicial case-law advanced search form.
The property other than the reserved share represents the testator’s disposable share.
The right to a reserved share is exercised in probate proceedings only at the request of a forced heir – if, in probate proceedings, a forced heir does not claim a reserved share, the court or the notary public is not required to establish his/her right to a reserved share.
There are two kinds of statutory time limit: time limits before which an action must be performed and time limits after which an action may be performed.
The Data Protection Body is responsible for upholding and enforcing the right to privacy in Greece, as provided for in Laws No 2472/1997 and 3471/2006.
Waiver must be made explicitly (Article 804 of the Civil Code).
For parties who are unable to afford the cost of mediation a free mediation service is available for those who are eligible, provided by LawWorks.
In the case of child maintenance or maintenance between spouses, the parties may request that the agreement be approved before the court or before the Public Registrar, depending on whether the following circumstances apply.
Click on the below link to view all competent authorities related to this Article.List of competent authorities
If the claimant fails to complete or correct the application form within the deadline set by the court, the claim is set aside.
However, if the parent with whom the child is living after the divorce has sole individual responsibility for parental care, then he or she does not require the consent of the other parent to remove the child to another state for the purpose of changing the child's permanent or temporary residence (Article 105(5) ObZ 15).
The Chairperson of the Council may demand that the media service provider cease providing media services where these are in infringement the law.
Value Added Tax What are the applicable VAT rates?
According to Article 391 of the CPC, securing of a claim is permitted where, without such interim measures, it would be impossible or quite difficult for the plaintiff to implement the rights ensuing from the judgement and when: a) the claim is supported by sound documentary evidence, or b) a guarantee is to be provided in an amount determined by the court as per Articles 180 and 181 of the Obligations and Contracts Act (OCA).
The same also applies if a person wishing to interrupt the running of the limitation period arranges for the service of an interruption document (extrajudicial document).
Article 12 of the Law on Courts (Lietuvos Respublikos teismų įstatymas) establishes a uniform court system comprising of courts of general jurisdiction and courts of special jurisdiction.
In practical terms, this transparency could be achieved by preliminary fixing of the mediators’ fees by law or by judges and/or by making them part of the mediation contract that is concluded between the mediator and the parties before starting the mediation.
They are elected by electoral colleges representing employers and employees in agriculture, industry, commerce, management, and miscellaneous activities, by proportional representation, on a closed list system with no ticket‑splitting or preferences for individual candidates.
Any entitlement to preference also has to be proved.
If the person ordered to pay maintenance does not pay it voluntarily, the usual means of enforcement of financial obligations are open to the beneficiary.
If anyone is interested in viewing the seized object offered for sale, he or she may file an application in court requesting a viewing of the object, if the object in question is an immovable.
Assisted negotiation refers to an agreement (known as a ‘negotiation agreement’) through which the parties agree to ‘cooperate in good faith to settle the dispute amicably’.
The costs of publication are charged to the creditor.
Civil-law matters are adjudicated in ordinary civil proceedings when they are not under the jurisdiction of the commercial or labour courts and are not to be dealt with in non-contentious proceedings.
It aims to introduce a high, uniform level of consumer protection in relation to contracts for travel packages* and linked travel arrangements*, taking into account the increasing use of internet booking.
If a court is involved in taking evidence, we would expect that the court receiving the request would conduct the hearing and that the evidence would therefore be taken in the language of that court.
The Ministry of Justice and Freedoms authorises users only to view the content; this excludes, in particular, the re-use of all or part of the content of the site for any purpose whatsoever.
It is essential to refer to a guardianship court (poručenský súd), which will decide on this important question of parental responsibility.
Role and duties In Romania, notaries public provide the following legal services: drawing up the necessary documents for legal and testamentary succession; concluding contracts (sales contracts, exchange contracts, maintenance contracts, donation contracts, mortgage contracts, pledge contracts, leasing contracts, rental contracts) and other acts (guarantees requested by various institutions from their administrators); drawing up articles of association for companies, associations and foundations; authenticating documents; certifying signatures, signature specimens and seals; any other services provided for by the law.
A person accepting performance without compensation, or with insignificant compensation, must return what they have received only if they have been enriched by it, unless they knew, or ought to have known, that such performance would cause harm to the creditors.
Moreover, if national jurisdiction covers a case brought under the main claim, this jurisdiction also covers the counterclaim.
Procureur Général d’Etat CONTACT_INFO 15 If I am in another country and the debtor is in this Member State: 15.1 Can I address a request directly to such an authority or private organisation in this Member State?
However, it is admissible to prove that a certain fact is not common knowledge.
If an award of expenses is made, any court fees paid may be included in the award, as long as the total of the expenses and fees does not exceed the maximum limits mentioned above.
Any of the heirs may apply for division (Article 815 of the Civil Code).
Although the time limit for entering an objection is 15 days, in reality it is possible to enter an objection for as long as the creditor has not applied for an enforceable order.
Lawyers Lawyers’ fees are not regulated in Estonia.
If, at the time of the opening of bankruptcy proceedings, the debtor and their counter party to the contract have not performed or have not fully performed a bilaterally binding contract, the liquidator may perform the contract instead of the debtor and demand that the other party perform the contract.
Where there is a will, it will name the beneficiaries or class of beneficiaries who should inherit part or all of the estate subject to any claim for legal rights.
The grandmother and grandfather on the same side inherit equal shares of their portion of the estate.
It constitutes conclusive evidence against the person who made the confession.
Article 25 1 (i) Accepted languages Spanish, English.
The complaint must be drawn up in a complete and substantiated manner, giving, wherever possible, detailed information on the facts and the body being reported, the place of occurrence of the facts (address and/or other reference points), the grounds for the complaint and other relevant issues.
However, the court hearing the case may refuse to approve these if they are obviously contrary to the children’s interests (second paragraph of Article 1256, second and fifth paragraphs of Article 1290 of the Judicial Code).
If the parents of a minor who does not have full legal capacity do not live together, and if they cannot agree on the regulation of the care for such child, a court will decide on this without a petition.
On 1 April 2013 there was a further change.
All contents which are published in the Cyprus Government Gazette (Epísimi Efimerída) As of which date were the official announcements available in electronic format?
Court mediation is a dispute resolution procedure which aims to help parties in civil cases resolve their dispute peacefully through the intercession of one or more mediators (intermediaries).
The Constitutional Court II.
National Human Rights Institutions, Ombudsperson II.1.
Legal aid If the parties receive legal aid, this may cover the costs of mediation.
When approving summons by advertisement, the court also appoints a curator from among the lawyers of the Bar, who will be summoned to represent the interests of the defendant at hearings.
The Court of Cassation is the supreme court in the judicial system.
The bailiff can order the suspension of the driving licence of anyone who does not comply with a court’s maintenance order.
The defendant does not have to pay any fees to the court.
Safeguard and judicial reorganisation proceedings With a view to adoption of the safeguard plan, the creditors are consulted on terms of payment or remission of debt.
In all cases, as soon as the proceedings are formally opened, creditors can no longer take individual action to reclaim their debts.
However, witness testimony cannot be used to substitute a document required under the law or to go against or add to the content of certain documents.
They should also outline the steps taken to have their concerns dealt with by the organisation, and what sort of response was received from the organisation.
Copies of correspondence with the organisation and supporting evidence should also be provided.
What does the Greek insolvency register offer?
The other party is informed of the procedural steps in writing.
The inheritance of the privileged collateral relatives is equally divided between them or, if they take part in the inheritance by right of representation, between parental lines.
D. Interim measures In interim proceedings, the claimant must have an urgent interest, the court weighs up the interests of the parties and the decision provides interim relief.
In addition, the European Convention on Human Rights states that everyone charged with a criminal offence has the right to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require.
If the last day of the time-limit is a rest day or official holiday, it is considered to expire on the next working day.
The translators' register of the Netherlands is a database containing details of sworn translators and interpreters.
Documents may be submitted to a court subject to the conditions set out in Section 125 of the Code of Civil Procedure (Civilný sporový poriadok).
Where the claim of a creditor has been disputed, the estate administrator shall reserve the creditor an opportunity to be heard on the dispute and to present evidence in support of their claim.
If you are unable to find property information online, you can also send a ‘search of the index map’ (form SIM) by post to discover if the land is registered, and if so to obtain a title number.
The party imposing attachment is protected against juristic acts performed by the other party.
Limitations on parental responsibilities Parents do not administrate: Assets of the child that derive from succession, from which the parents have been excluded due to disqualification through conduct or disinheritance; Assets that have been given to the child by donation or succession against the parents’ will; Assets that have been left or donated to the child, excluding administration by the parents; Assets acquired by a child aged over 16 years of age from their work.
An act can be repealed either expressly or by the passing of new legislation whose content is inconsistent with the earlier provision (lex posterior derogat legi priori).
Administrators appointed in accordance with Articles 803bis and 804 have the same powers as a beneficiary heir.
They are subject to the same obligations as an heir.
In their lodgement of claims, both these types of creditors (razlučni vjerovnici and izlučni vjerovnici) must issue a statement on their consent or refusal of consent to suspension of settlement from the assets to which their right to separate satisfaction applies, or suspension of the segregation of assets to which their right of exemption applies, for the purposes of implementing the restructuring plan.
Article 25 1 (g) Appeal procedure and courts competent for an appeal Recourse is available under Czech law.
Under Section 11 of Chapter 25 of the Code of Judicial Procedure, when a declaration of an intention to appeal has been filed and accepted, the party concerned is provided with appeal instructions that are annexed to a copy of the decision of the District Court.
A limitation period determined by laws, by a contract or by a judicial authority is expressed in terms of a calendar date or a number of years, months, weeks, days or hours.
For details of who is entitled to a compulsory portion, please see above.
The fees of public mediators are not borne by the parties.
The link 'Izziņa' gives access to all the information that has been recorded in the Latvian insolvency register on each individual administrator.
Seizure of up to 1/2 of the payable salary of a person liable for a maintenance claim is allowed and is also applicable on deposits with credit institutions [Article 982(2)(d) and (3) CCP].
Furthermore, it must be published on the central website of the courts.
8 What procedure applies to the arrangements for the hearing and to notify the person to be examined about the time and place?
In the case of the ‘passive’ taking of evidence under Article 17, whether interpreters are required and which interpreters are selected is decided by the requesting court.
Competence The legal status and competence of the Centre are governed by Act No 308/1993 of the National Council of the Slovak Republic on establishment of the Slovak National Centre for Human Rights (‘the Centre’), as amended.
Courts of First Instance (Tribunais judiciais de 1.ª instância) The judicial courts are common courts for civil and criminal matters and they exercise jurisdiction in all matters that are not assigned to other courts.
For forced sales of tangible moveable property, advertising should take the form of notices displayed at the town hall of the municipality in which the debtor resides, and at the place of sale.
Judicial clerks Judicial clerks are employed at district and regional courts to discharge the justice-related duties conferred upon the courts by law.
When the decision has been quashed due to infringement of the procedural rules, the process of examination will begin again from the rescinded act.
Information is also available about the time and place of court hearings.
Enforceable titles include: an enforceable court decision (a judgment or an arbitration award, decision, a payment or another order of a court or arbitration) and a court settlement (concluded before a court); an enforceable notarial record; and another enforceable decision or a document which is specified as an enforceable title by the law, a ratified and published international treaty or an European Union legal act directly applicable in the Republic of Slovenia.
Jurisdiction over an action for the division of an estate – an action that aims to establish the right of succession, a successor’s claim against the possessor of the estate, a claim arising from a legacy or succession contract, or a claim for a compulsory portion or for division of an estate can also be filed with the court whose jurisdiction covers the bequeather’s residence at the time of their death.
This type of filing has the same effect as if it were made to the competent court.
The Basic Law specifies the cases in which final approval of a law by the Bundestag requires the consent of the Bundesrat (currently - according to statistical material published by the Bundesrat on its website at – about 45% of all laws).
Applicable income threshold in the area of criminal justice for defendants and for victims The applicable income threshold in the area of criminal justice for defendants and for victims is the same as in civil justice cases.
Alongside the contact points, the professional associations for the liberal legal professions (lawyers, notary services and bailiffs) are also members of the Network.
Administrative courts There are no administrative courts in Romania.
Relatives and friends of the debtor also have a duty of disclosure.
The judge conducting the proceedings has to verify the identity of the person to be questioned.
According to Section 36(1) of the Code, a person who is not proficient in Estonian must give the oath in a language in which he or she is proficient; according to Section 36(2), a signature is given on the Estonian text of the oath, which is translated directly to the person before he or she signs it.
At the corresponding levels, provincial and municipal councils (conseils) also enact regulations and ordinances in the fields for which they are responsible, such as public safety, waste collection, culture and provincial and municipal education.
The proceedings take place in court and begin with an application accompanied by the following items: certificates proving the degree of kinship or affinity existing between the child and the respondent; where applicable, a copy of the judgment which previously set the maintenance arrangements; a list of witnesses.
A notice is left in the addressee’s letterbox stating the collection location and the deadline up to which the delivery can be collected.
For arrears to apply, the due date must have passed and the debtor must have been given notice to pay: a formal document with which the creditor invites the debtor to make the payment due.
However, many German federal states have established central courts for payment order cases (Mahngerichte) (such as the local court of Wedding in Berlin).
Once a decision to liquidate the insolvency estate has been taken, the administrator, without undue delay, draws up a distribution list and submits it to the judge‑rapporteur.
In other cases, a spouse in financial difficulties may claim maintenance from his or her former spouse in proportion to his or her reasonable needs and the earning and financial capacities of the former spouse.
When the applicant requests the adjudication of amounts, salaries or pensions, the body responsible for paying these or for processing the respective payments will be notified that it is to pay the adjudicated part directly to the applicant.
Although precedents are not legally binding, they have great importance in practice.
Other restrictions A testator may, in a will, specify conditions, instructions of time, or orders, or instruct that, after an heir's death, succession is to pass to another heir (entailment).
The alternative is expressed below by the use of the word ‘also’.
In practice, the requesting court sends the requested court, together with the request, a form with all technical information on the videoconference system and the contact details of the expert who will be responsible for the technical aspects of the videoconference.
For more information, see “Automatic processing – Finland”.
If a claimant files an action with a court that does not have territorial jurisdiction, it is declared as such and the case is transferred to another court with jurisdiction, where the case continues as if it had commenced there.
The administration of the court is directed by the chair and two vice-chairs.
They cannot be adopted by arbitrators or mediators; there is not a specific, fixed number of them; they are enacting in nature (they can only be adopted through the application of one party); they relate to property, since they affect the assets and rights of the defendant; their purpose is to ensure the enforceability of a possible affirmative judgment; they are instrumental in the decision to be handed down in the main proceedings.
Any total or partial representation of the website by any company whatsoever without the express authorisation of the Ministry of Justice and Freedoms is prohibited, and would constitute counterfeiting within the meaning of Articles L.335-2 et seq.
of the French Intellectual Property Code.
If the obligee consents to the discontinuation of enforcement, the enforcement agent issues notification of the discontinuation of enforcement, which is served on the parties to the proceedings and the court; otherwise within five working days following the deadline for responding, the obligee’s enforcement agent lodges a petition for the discontinuation of enforcement, together with the agent’s statement and any statement by the obligee, with the court that will decide on the petition.
Essentially, if several descendants succeed together, each heir adds to the value of the estate the value of advancements they received from the testator during his lifetime (Section 7:56 of the Civil Code).
Within such proceedings, the voice of the child is rarely heard.
If the parents are still alive, the father and mother each receive one quarter of the estate, i.e. one half in total.
Any interested party can apply for the decision to be recognised and the grounds for non-recognition are strictly confined (for example, recognition may be refused if the decision is contrary to public policy).
A copy of the European Payment Order, and if necessary a translation, must be sent to the enforcement authorities of the Member State where it needs to be enforced.
If the request to contest legal acts has been granted, the contested legal act will have no legal effect against the bankruptcy estate, and the other party is required to return to the bankruptcy estate all material benefits acquired through the contested transaction, unless otherwise specified by the SZ.
2 Which authority or authorities are competent for enforcement?
3 What are the conditions under which an enforceable title or decision may be issued?
3.1 The procedure The procedure is described below.
Information on the average length of time is available in the ‘Overview’ of activities on the website of the Ministry of Justice.
The term ‘legal separation’ does not exist in the Latvian legal system.
A legal person is dissolved following bankruptcy (the provisions governing this can be found in the legislation on the right to form associations).
Through direct contacts the courts book the videoconference room and appoint the staff to set up the technical connections and monitor the videoconference at the requesting and requested courts, respectively.
Article 19 – Defendant not entering an appearance Notwithstanding the provisions of Article 19(1), the Portuguese courts may give judgment if all the conditions set out in paragraph 2 of this Article have been fulfilled.
National Judicial Council (Državno sudbeno vijeće) The National Judicial Council is an autonomous and independent body that ensures the autonomy and independence of the judiciary in the Republic of Croatia.
If the facts presented prove to be false and the party was aware of that or could have known with due diligence, the service by poster advertising and the procedure following it become void, and the party must be ordered to pay the costs incurred and also a fine.
Barristers The Honorable Society of King’s Inns provides post-graduate legal training, leading to the award of the degree of barrister-at-law, for those who wish to practice at the Bar as the profession is collectively known.
The request must be addressed to the competent registration authority.
In civil matters (court-annexed mediation) the commencement of mediation requires the consent of all parties.
Information and training The Dutch Mediation Institute (NMI) provides information on mediation and registers mediators.
In certain cases, such as paternity cases, it is also the duty of the court to ensure that all necessary evidence is obtained.
The general rules for EON are subject to the exceptions defined in special cases below.
Article 6 – Means accepted for transmission of requests and other communications Spain declares that, for the time being, only postal transmission is accepted.
The time-limit begins to run from 0 hours 00 minutes on the day following the calendar date or event defining its start, unless otherwise provided for in specific laws.
The provision of legal aid is governed by Act No 327/2005 on the Provision of Legal Aid for People in Material Need (zákon č.
Please consult relevant subpages to find more information on: legal professions, the European Judicial Network in criminal matters, Eurojust, European Law Institute (ELI) In addition to this information, you may be interested in the following websites on European networks and expert organisations: the European Network of Councils for the Judiciary (ENCJ), the European Legal Interpreters and Translators Association (EULITA) represents court interpreters and legal translators in EU Member States.
Their effects extend to the granting of an order to provisionally cease an activity carried out by the defendant: an order to temporarily abstain from behaving in a certain way, or a temporary ban preventing the withdrawal or interruption of a service that was being provided.
They have the right to refuse to do what is requested only if this would conflict with generally applicable law; if they or persons close to them are involved in the case; if they have already provided legal assistance in the same case to someone else with conflicting interests; or if the person seeking assistance fails to pay a reasonable advance without good reason.
If the State Prosecutor decides to use mediation, he or she may appoint as mediator anyone approved for that purpose.
Five of Sweden’s district courts are also land and environment courts (‘mark- och miljödomstolar’).
It should be noted that the Court may have previously raised some of these grounds of its own motion (if the Court finds any of the clauses included in an enforcement order consisting of authenticated public documents, instruments or certificates may be unfair, it is required to act ex officio by hearing the parties on the matter and issuing a ruling thereafter).
Under the Notaries Act No XLI of 1991, notaries who are entitled to draw up documents in a foreign language may produce certified translations in that language of documents in cases falling within their notarial remit or certify translations of such documents.
Thus if the judgment awards costs against the aided person’s adversary, the stamp duty, the enforceable copy and other fees are collected in accordance with the law on the collection of public revenue, while the costs owed to the aided person, his or her lawyers or other legal representatives or officers of the court are awarded to the people concerned, and are collected in accordance with the procedures for enforcement.
This exemption may be applied for until the end of the final hearing; in the case of non-adversarial proceedings, the defendant may oppose the reversion of the responsibility for action together with a challenge of the measure decreed.
Service is also possible to an address other than that of the addressee’s domicile, provided that the bailiff meets and speaks to the addressee in person.
If the judgment is published in the Sbírka soudních rozhodnutí a stanovisek (Collection of Court Judgments and Opinions), where fundamental decisions of higher courts are generally published, it is in fact considered a source of law, even though it is not officially regarded as such.
In voluntary succession, eligibility arises out of a declaration of intent by the testator.
Portuguese law allows witnesses, parties and experts to be heard by videoconference, as provided for by the legal rules cited above.
All Member States except Denmark participate in the EJN-civil.
On 1 July 2015 a new network of 22 misdemeanour courts will be put in place.
In principle, examinations via videoconference can be recorded on all videoconferencing systems.
If the level of interest is not otherwise specified, statutory interest is due at a rate corresponding to the sum of the reference rate of the National Bank of Poland plus 3.5 percentage points.
Each witness can be subject to cross examination by the opposing party or by their legal representatives if present.
Debtors may lodge a statement of opposition with the judge of attachments against the sale of their goods, but this opposition does not have suspensive effect either.
The distribution is carried out on a pro rata basis.
The debtor’s duty under commercial and tax law to keep ledgers and furnish accounts remains unaltered by the opening of bankruptcy proceedings.
Anyone who is accused of a criminal offence may not be appointed as a lay judge during the criminal proceedings.
The court may, in matters relating to minors, also make decisions without a petition.
What does the Finnish translators' database offer?
Are there any other criteria which could affect my chance of receiving compensation and/or the amount?
An application for enforcement may be made by the entitled party or by his or her representative, either verbally or in writing.
The rules on the petition procedure are applicable to European small claims.
Nevertheless, every parent has an obligation to provide the minimum amount of maintenance laid down by the Government, regardless of his or her financial situation.
Citizens of certain other countries also have the same rights under a special provision that requires there to be an agreement on reciprocal treatment in force.
All or individual co-heirs may request an increase in their inheritance share to the detriment of the spouse (Article 13(2) of the ZD).
The defendant may submit his or her observations on a form approved by the Cabinet.
If the deceased was unmarried and leaves children, these exclude all other members of the family.
They share full ownership of the estate in equal portions.
If the seized movable property is located in the districts of several district civil courts, the auction takes place at the district civil court designated by the bailiff in the seizure report.
When it comes to the proportional division of the proceeds from the sale of the debtor’s goods, claimants other than the one who carried out the attachment will be involved (Article 1627 et seq.
Fourteen days later, the Act enters into force.
Forensic experts do not interpret the law or examine how it is applied.
If the spouses live apart, the court of the place where the children live has jurisdiction.
Certain applications to court offices, such as applications for execution, registration and certification of judgment for the purposes of a judgment mortgage affidavit, may be made by post.
If attachment is not possible (when there are no bank accounts or bank funds in the name of the person against whom enforcement is sought), one tenth (1/10) of a unit of account is due, which amounts to €10.20.
State legal aid is available to persons who due to their financial status are unable to pay for expert legal services at the time that they need the legal aid or are able to do so only in part or in instalments, or whose financial status would make it impossible to subsist after paying for the legal services.
A will need not be registered to be valid.
A different situation applies in proceedings that concern maintenance obligations towards a minor or towards a child treated as a minor.
Article 6 – Means accepted for transmission of requests and other communications Requests may be sent by mail, fax or e-mail.
The addressee is informed in the notification that he/she must present himself/herself at the court or at the mayor’s office in order to pick up the document, otherwise the service is deemed as having been accomplished (Article 163 of the Code of Civil Procedure).
Introduction For the sake of clarity, in view of the specific characteristics of the Belgian legal system, we will deal with questions 1 and 2.1 together.
The membership in a chamber is the prerequisite for pursuing their activity, and chambers have the right to exercise professional control over their members, which aims to ensure that members of the professions provide services of an appropriate level.
Statutory interest in provided for in Spain as a subsidiary remedy to set compensation for damages in the absence of an agreement between the parties, if the debtor is in default.
If the application meets the requirements the court sends it to the opposing party for a response.
The execution court with subject-matter jurisdiction is the district court.
According to the Fundamental Law ministers adopt decrees by authority of an Act or a government decree (issued within their original legislative competence), whether independently or in agreement with any other minister; such decrees may not conflict with any Act, government decree or decree of the Governor of the National Bank of Hungary.
The seizure of property in pledge is handled by the court in charge of enforcement proceedings.
It may be noted that a marriage may be annulled even after a divorce.
The EU country in which an action is to be brought may decide whether there should be prior consultation between the parties, in the presence or not of a qualified entity from that country.
The Regulation also introduces optional multilingual standard forms that can be attached to the public documents to avoid translation requirements.
Article 117 of the Highway Code states which vehicles and trailers are subject to compulsory registration.
In this case, the judge grants the divorce and rules on its consequences.
The maintenance obligation exists between relatives in the direct line, both ascending and descending (parents/children, children/parents, and also grandchildren/grandparents and vice versa - Articles 205 and 207 of the Civil Code).
The legislative power is vested in the Parliament, which consists of the lower house – the Sejm – and the upper house – the Senate.
This often causes major difficulties, particularly if the heirs live far apart and cannot come to an agreement.
In the absence of conflict-of-law rules specifically providing for cohabitation, the conflict‑of‑law rules relating to the relationships between spouses and to changes to the matrimonial property regime may be applied by analogy.
This is the case if the couple has been living apart for two years.
It was established to represent the best interests of the profession, to formulate and implement key policy initiatives and to maintain the standards, honour and independence of the Bar.
Further information is set out in the section on the ordinary court system in the Czech Republic.
These items may not be attached, regardless of the capacity of the creditor, even if it is the State, with the exception of certain debts listed exhaustively in law.
No, there are no such rules.
In all cases, it is necessary to have the services of a lawyer and public prosecutor to formally present the objection.
The procedure must be requested.
When does the losing party have to pay the winning party's costs?
In criminal cases, a list of interpreters/translators is available to members of the judiciary and court personnel.
Reproduction of content on the Slovenian pages is authorised, provided the source is acknowledged, save where otherwise stated and may only be reproduced for non-commercial purposes.
It is irrelevant whether the child’s parents are married or not, and whether the child was born in wedlock or out of it.
By mutual agreement of the beneficiaries the whole estate or separate items of property may be sold at auction and the proceeds divided among the beneficiaries, or the successors may bid amongst themselves for individual items of property, with each item devolving to the successor who makes the highest bid.
Second instance Where a case is heard by a district court in the first instance, the court of appeal (court of second instance) is a regional court.
This exception applies provided that one of the spouses resides in Estonia or has Estonian citizenship or resided in Estonia or had Estonian citizenship at the time of celebration of the marriage (Sections 60(1)-(2) of the PILA).
Electronic service of documents is not permitted.
Is access to the Czech Republic mediators' register free of charge?
There is no specific information on the length of the various procedures.
These are available free of charge and can be adapted to national contexts and different target groups by trainers running specialised training courses.
However, the claim may be filed using representation, provided that the representative has been granted power of attorney in the presence of a notary, a court clerk or the consul at any Spanish diplomatic mission abroad.
Parents may conclude out-of-court agreements on the granting and exercise of parental rights and the arrangements for contacts with the parent who does not have parental rights, but these agreements are not legally binding.
Where the applicant/defendant does not file a properly executed claim/counterclaim with the court within the time limit set in paragraph 1 of this article, the application is deemed not to have been filed and is returned to the applicant/defendant by a court order.
The following are commonly referred to as possible sources of law: (a) Custom, in other words the repeated and habitual adoption of a particular line of conduct that is generally believed to be mandatory.
The Institute’s Secretariat is located in Vienna, Austria, and is hosted by the University of Vienna.
A party can submit such an application up until the date on which the default judgement takes effect (see Section 153b (4) of the Code of Civil Procedure).
Jurisdiction of the High Court of Cassation and Justice.
Additionally, the Federal Ministry of the Interior – in cooperation with the Juris GmbH – has established a database for the publication of federal regulations Related Links German Federal Government Publication of federal regulations Introductory Act to the Civil Code Criminal Code Civil Code Bundestag Organs
Where a petition to open bankruptcy proceedings is lodged by a creditor, the creditor must make a deposit to cover the initial costs of the bankruptcy proceedings, while retaining the right to recover the advance paid in accordance with the rules on paying the costs of bankruptcy proceedings.
On the basis of this decision, the administrator prepares a final list of verified claims (končni seznam preizkušenih terjatev), which the court publishes together with the Decision on verifying claims.
For kidnapping, a single payment of EUR 12 000 will be paid for the kidnapping plus three times the daily IPREM for each day the kidnapping lasted, up to the limit for partial permanent incapacity (EUR 75 000).
The Court’s website is available only in Polish.
Yet it is legitimate to demand that these skills be amassed early on so as to prevent parental maintenance abuses steeped simply in an aversion to work (manifested, for example, in children wilfully losing their jobs).
3.7 Wills and successions The law applicable to inheritance is set out in Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession (OJ L 201 of 27 July 2012, p.
They are chosen by a two‑stage election process laid down in Articles L. 723‑1 to L. 723‑14 and R. 723‑1 to R. 723‑31 of the Commercial Code.
It is also possible to consult the data in the Land Registry’s website.
The fee is PLN 31.
Most of their work is conducted in chambers (not in open court trials).
Personal bankruptcy Just as in bankruptcy proceedings related to legal entities, personal bankruptcy proceedings are conducted for proportional and simultaneous payment of all creditor claims.
Judicial liquidation In the case of judicial liquidation proceedings, the debtor is divested of the administration or disposal of his assets.
The costs for the special form and communications technology are not payable by the parties.
The law allows for exceptions to this principle which take account of the purpose of service, namely to prove whether the addressee received the document to be served and, if so, when.
Specialised courts In principle all courts deal with all types of case.
The choice of law is made by an explicit declaration.
Deposit of materials or objects attached to an exclusive regime: this is a precautionary measure which has its origins in the area of the protection of rights to exclusive exploitation, which the special laws on industrial and intellectual property grant to rights holders.
The consolidated texts are official and they can be relied upon when enforcing the law.
Further proceedings Supreme Courts Other courts Is information available: as to appeals?
There are no such restrictions.
The Prosecutor General (Fiscal General del Estado) is the head of the Public Prosecutor’s Office and represents it throughout Spain.
Remuneration Prosecutors’ remuneration is laid down by law and paid by the state.
At this stage, the facts of the case as established by the lower court are no longer subject to discussion.
Generation of national ECLI The ECLI is not yet in use in Lithuania.
This principle also applies to acceptance and waiver of legacy – with the exception that legatees who are also heirs have the right to the legacy even if they have waived succession.
A party who loses a dispute in every respect must compensate the other party for all the fees and costs that were necessary for the proper prosecution or defence of the case.
Debt relief may also be terminated if the court discontinues this procedure and decides to handle the debtor’s insolvency through bankruptcy proceedings, which occurs in cases stipulated by law, in particular when the debtor fails to comply with debt relief conditions.
The former wife, however, may never use the name of her former husband with the suffix indicating her married status if she did not use that name during her marriage.
It provides such assistance only in a small percentage of cases according to the criteria that have been set down by the Board of the Equality Authority.
In other cases the prior permission for use of subject matter (license) must be obtained.
The notification must indicate the first name and surname, personal identification number and place of residence of the testator, and the date and place of the issue of the will, its type and the location at which it is being kept.
The contract may include the transferor's spouse, whose consent is also required in that case.
See “Jurisdiction – Finland”.
The court registry fee is also reduced in such cases.
Pursuant to Section 307(4) of the Code of Civil Procedure, the dispatch of a judicial document intended for service must be entered in the court file.
The Infogreffe website provides centralised access to information in the business and companies register.
A judge can be deprived of his or her position or suspended only by a court judgment.
Three judges are appointed by the Chamber of Deputies, three by the Senate, and three by the President of Romania.
Information on the state of play of implementation can be found here.
Other preconditions to legal aid for defendants According to the relevant legislation, the offence of which the accused stands charged must be punishable by a term of imprisonment of at least 12 months in order to qualify for legal aid.
These are: written evidence; examination of witnesses; examination of a party; examination of an expert; inspection.
The fee is payable for the hearing and for the amount disputed or that arising from a challenge to the distribution of the estate by an opponent.
These are members of the public who would have been engaged in some four to six weeks of focused training for the purpose of providing information and support to victims of crime.
At appeal, a charge of €225 is due.
In proceedings before the sub-district court judge, the parties may proceed without a lawyer.
The mediator prepares a report about the mediation for the court.
A notary shall authenticate a succession certificate if sufficient proof is provided concerning the right of succession of an heir.
When the register was automated in 1991, the paper data was transferred to an electronic database.
The decision will be enforced immediately after it is ordered, while the court will cooperate in relation to its performance with the applicable public authorities.
If the claim is secured by an asset, the action can be filed with the court whose jurisdiction covers the location of the asset.
The European Court of Justice consists of three courts: the Court of Justice, the General Court (created in 1988) and the Civil Service Tribunal (created in 2004).
Legal Aid What is it?
8 What are the conditions for marriage annulment?
Territorial jurisdiction for the application for enforceability Territorial jurisdiction for the application for a declaration of enforceability is laid down in the Brussels IIa Regulation as follows: the application must be filed before the court of the area of residence of the maintenance debtor; or the area of residence of the child to whom the maintenance is due; or, in the absence of any of these connecting factors, the place of enforcement.
The Commission did accept that in certain cases the continued involvement of a solicitor was desirable.
Notwithstanding the rules on the distribution of the burden of proof, as soon as the decision decreeing the protective measure and reversing the responsibility for action has become final and unappealable, the defendant is notified that any action to challenge the existence of the protected right must be brought within 30 days of notification, otherwise the measure enacted is consolidated as a definitive component of the dispute.
There is no known source for this information.
Under Section 1 of the Information Act, the law aims to protect the private spheres of natural persons and to ensure the transparency of public affairs.
This section links to them by providing information at both European and national levels.
However, if special circumstances so require, the court may decide that the losing party need not pay the winning party's costs, or must pay only a proportion of such costs.
The debtor or the party seeking enforcement may apply for the withdrawal of the enforcement sheet or the deletion of the enforcement clause, and the court may also order this ex officio.
Since 2007 it has been entitled to provide state-funded social rehabilitation services to the victims of human trafficking.
This does not apply in cases which must by law be heard by a District Court, regardless of the amount in dispute (i.e. by a court with subject-matter jurisdiction).
To make an oral will, the testator must orally express his will in its entirety in the contemporaneous presence of two witnesses in a language understood by the witnesses – or in sign language if the testator uses sign language – and concurrently announce that his oral statement constitutes his will (Section 7:21 of the Civil Code).
A person who waives succession avoids the legal consequences related to the succession.
If the parents divorce or separate, parental responsibility may be determined: At the request of both parents, in a Regulating Agreement (convenio regulado), which must be approved by the courts; By a court decision, in adversarial proceedings.
If the child is under the age of 18, the agreement must also be approved by the Social Welfare Committee.
In all remaining cases, a magistrate’s court (jury) is responsible (§ 28 GVG); this is composed of one professional judge and lay assessors.
Article 75 (d) – Languages accepted for translations of the certificates concerning judgments, authentic instruments and court settlements Not applicable.
Legal professions – introduction The legal professions in Malta are those of lawyer, notary public and legal procurator.
Legal separation may be by order of the court or by mutual consent.
The voters at the second stage are current judges, former judges, and traders’ delegates.
Until their joint property is divided, the spouses jointly exercise the rights and perform the obligations relating to it.
On 13 September 2011, the European Commission agreed the Communication "Building trust in EU-wide Justice, a new dimension to European judicial training".
The amendment of the Council Decision on establishing the EJN in 2009 made cooperation with other judicial professions possible within the EJN.
The mediator shall be designated by the parties or by a third party of their choosing.
According to the book of instructions of the Supreme Court, the press spokesperson and judge’s assistants are in charge of the publication service.
Croatian law allows the conclusion of an agreement of transfer and distribution of property during lifetime.
That department may refuse asylum if the case does not meet the criteria set out in the Asylum and Refugee Act, close the case, or forward the file for further processing under the standard procedure.
If upon exhausting the evidence or in its absence there remain unexplained facts that are relevant for the case, the court may hear the parties (Article 299 of the Code of Civil Procedure).
The Czech Republic has appointed the district courts (okresní soudy) as the authorities with competence for the purposes of applying Article 23.
The court decides on the refund of the necessary out-of-pocket expenses incurred and compensation for lost earnings (in line with the rules set out in the implementing decree on administration and office rules).
The outcome is that the Youth Welfare Office that issued the authentic instrument is competent to issue the European enforcement order certificate.
A debtor who is a business entity (whether as a legal or a natural person) is also insolvent if over-indebted.
If the defendant misses the first hearing in a matter in which a default judgement was rendered for excusable reasons, the court shall set aside the judgement at the defendant’s request and order a hearing in the matter.
Example:Sodba VIII Ips 432/2009, same as VIII Ips 50/2009 and VIII Ips 448/2009, VIII Ips 28/2009 then ECLI is:ECLI:SI:VSRS:2009:VIII.IPS.432.2009, same as:ECLI:SI:VSRS:2009:VIII.IPS.50.2009ECLI:SI:VSRS:2009:VIII.IPS.448.2009ECLI:SI:VSRS:2009:VIII.IPS.28.2009 Users searching for any of these ECLIs will be directed to the same document.
In these cases the provisions of the international treaties apply; if they make no provision, preference is given to the nationality corresponding to the last habitual residence and, failing this, the last nationality acquired .
Where the suspension is performed by a claim or an objection, the law also establishes another important consequence: the new limitation period which starts after the suspension is always five years.
You are allowed to link to the European e-Justice Portal and its pages.
The same applies to a case where the parent with whom the child is living after the divorce has partial individual responsibility for parental care (Article 105 ObZ 2015).
Special cases If a mandatory heir is (consciously) omitted from a will without being disinherited, but has engaged in acts fulfilling any of the statutory reasons for disinheritance, such an omission is treated as disinheritance effected tacitly and rightfully, and in this situation the relative in the descending order has no right to a reserved share.
It is specifically called upon to examine the constitutionality of: federal and provincial laws, regulations (Verordnungen) issued by administrative bodies final decisions (Bescheide) taken by administrative bodies.
Jurisdiction of a counterclaim and an action by a third person with an independent claim – a counterclaim can be filed with the court with which the original action was filed provided that the conditions for filing a counterclaim are complied with and the counterclaim does not fall under exclusive jurisdiction.
The Chancellor of Justice checks that legislation issued by the legislative and executive powers and local governments is in compliance with the Constitution and other laws.
Are there mandatory rules concerning publication of court judgments?
During legal proceedings, the judicial authorities are required to inform the parties of the option and advantages of mediation.
The bailiff may also refrain from the seizure of items of low value if it is obvious that the proceeds from the continuation or execution of enforcement will not exceed the costs of enforcement.
Normally, the rates published include VAT.
A person may use electronically signed documents for correspondence with a bailiff.
The status, rights and responsibilities of prosecutors are set out in Prosecutors and Trainee Prosecutors Act No 154/2001.
(Article 3(1) of Law No 189/2003 on international judicial assistance in civil and commercial matters).
2 Which documents need to be served formally?
The testator also has the right of withdrawal in a situation where a party to the agreement as to succession who is obliged to discharge recurring obligations to the testator during his or her lifetime – above all, ensuring maintenance support – intentionally and in material extent violates such an obligation.
In order to take the first competitive examination open to students, candidates must hold a degree confirming that they have had at least four years of further education, up to master’s level.
As a general rule, solicitors – in contrast to attorneys – discharge their duties (which are not as extensive as those of attorneys) as employees.
If, in proceedings before a notary public, the parties dispute the facts on which one of their rights depends (e.g. the right of succession, the size of the inheritance share, etc.), or on which the composition of the estate or the subject of the legacy depends, the notary public must return the file to the court in order for the court to decide on a stay of the proceedings and instruct the parties to take civil or administrative action.
3.- Organisation In Spain the Land Registers come under the Ministry of Justice.
All matters relating to them are referred to the Directorate-General of Registers and Notary Services.
In the Netherlands, the courts are the competent authority with respect to Regulation (EC) No 1206/2001 of 28 May 2001.
Article 4 – Transmission of documents Standard request forms (form in Annex I) may be completed in German or English.
The national minority languages are Italian and Hungarian.
Territorial jurisdiction in proceedings concerning the appointment of a custodian will be had by the court in whose district the individual concerned has his residence; if there is no such court, the court in whose district the individual has his assets (Section 273 CMP).
According to Section 113 of the Law of Obligations Act, when the performance of a monetary obligation is delayed, the creditor may require the debtor to pay interest on arrears (penalty for late payment) for the period from the time the obligation falls due until the obligation is duly fulfilled.
The writ is to indicate that the debtor is bound to file any objection at least three days before the hearing date, specifying that, in the event of failure to offer any objections, the court may consider, with regard to the circumstances of the case, that this is a recognition of the creditor’s claims.
Non-written judicial confessions and non-judicial confessions made to a third party or contained in a will are freely considered by the court.
In some instances the costs of proceedings are paid by the State.
The court appoints the aggrieved party counsel, but this may only be done once a preliminary investigation has been initiated.
In the cases described the court with jurisdiction is the single-member court of first instance, which hears the case on the basis of the procedure relevant to the type of dispute.
The court with territorial jurisdiction to adjudicate on motions to secure pecuniary claims by the transfer of ownership of objects and transfer of rights, is determined by the appropriate application of the provisions of the OZ on a court’s territorial jurisdiction in enforcement proceedings for the enforcement of pecuniary claims on individual types of objects of enforcement.
Fixed costs in criminal proceedings Fixed costs for litigants in criminal proceedings The coverage of costs and remuneration in criminal proceedings is regulated by the Criminal Procedure Code: Article 187: Covering costs Costs for criminal proceedings must be covered by the amount specified in the budget of the respective institution, except in cases specified by law.
If the deceased is survived by a partner with whom he or she had entered into a registered partnership, the form of registered partnership recognised in Belgium is ‘legal cohabitation’.
In such cases a decision by the public guardian authority permitting the removal of the child to another state replaces the other parent’s consent.
Announcement register: 1 April 2004 Official Gazette: since 2011 Can searches be saved and notifications sent when criteria are met?
Related links Council of Europe Project on Cybercrime The Lisbon Network
BUSINESS REORGANISATION Anyone who had a claim on the debtor when the application for business reorganisation was submitted may set that claim off against a claim that the debtor had on the creditor at that time, even if the claim has not fallen due for payment.
The supervision over all Notaries, Notarial archives and the Public Registry is exercised by a special court called the Court of Revision of Notarial Acts.
That is to say, a court may organise a procedural conference in such a way that a person does not have to be in a court when examined.
In accordance with Article 46 of the Slovak Constitution, cited above, Section 3 of the Code of Civil Procedure guarantees the right to enforce, in court, the protection of a right which has been threatened or infringed.
BUSINESS DEBT RESTRUCTURING UNDER THE BUSINESS DEBT RESTRUCTURING ACT In certain circumstances, a creditor may have a business debt restructuring re-assessed once the debtor has completed the payment plan.
The documents issued at the end of succession proceedings and proving the status and rights of the beneficiaries are the estate inventory and the distribution report.
The fact that the debtor has settled or may be able to wholly or partly settle the claims of some of the creditors does not qualify the debtor as being solvent.
At present it contains approximately 75 000 acts, all adopted in or since 1946.
Orders for provisional remedies are not ordinarily open to appeal, the only exception being those imposing a provisional regulation of rights of possession and use, which, according to the explicit wording of the law, may be appealed before the competent multi-member court of first instance within 10 days of service.
Country: Please selectBelgium Bulgaria Czech Republic Denmark Germany Estonia Ireland Greece Spain France Croatia Italy Cyprus Latvia Lithuania Luxembourg Hungary Malta Netherlands Austria Poland Portugal Romania Slovenia Slovakia Finland Sweden United Kingdom Instrument: Family law – matrimonial matters and matters of parental responsibility
The Government of Malta, jointly with its Ministries and Departments, as well as the Authorities and the authors of websites, do not provide quality control for external links.
If claims are asserted by a creditor, the heirs can plead insufficient assets in the estate.
However, the court may withdraw the awarded exemption at any time during the proceedings.
An adult with active legal capacity independently files an action for maintenance.
The usual route to the profession of judge is by working as a referendary clerk (senior secretary) in the court of appeal, followed by appointment as a judge in a district court or a court of appeal.
The orders of the ministries are often published, in addition, in the ministries’ Official Gazettes.
Other maintenance allowances: When setting the amount of a contribution by a spouse to the costs of the marriage, the judge must take into consideration all of the costs incurred by the person concerned corresponding to useful or necessary expenses.
Therefore, the pursuer (applicant) will need to pay separate fees to serve papers to either a solicitor or a sheriff officer.
For economic, family and/or social reasons, these rules restrict succession involving such assets.
Legal aid is also available to foreign nationals lawfully residing in Italy.
Each title record is divided into three parts.
Part 1 describes the geographical location of the property, by reference to a digital map and type of tenure (freehold or leasehold).
Part 2 contains the names and addresses of the registered owners and the nature of the legal title.
Part 3 sets out the legal encumbrances (mortgages, rights of way, etc.) affecting the property.
In the employment field, the services of the Autonomous Communities and of SIMA are free of charge.
The Fundamental Law also lays down various obligations, namely: the obligation to contribute to satisfying common needs (equal tax treatment), the obligation for Hungarian citizens to defend their country.
The action for annulment does not suspend enforcement.
Suspension may however be granted at the debtor’s request, but only against a security deposit, the amount of which will be set by the court.
International agreements can be bilateral (i.e. between two sovereign states) or multilateral (i.e. between more than two states).
A public document proves the veracity of the facts confirmed or specified therein (first paragraph of Article 224 of the ZPP).
12 What are the rules governing the lodging, verification and admission of claims?
The proof of the completion of the prior procedure must be attached to the application.
The receiving institution then takes the necessary measures to obtain the maintenance.
Since the reform introduced by Law 15/2005, divorce in Spain does not require any grounds, since maintaining the marriage bond is considered to be a manifestation of the free will of the spouses.
2.3 Opening of proceedings and time at which proceedings take effect: The judge must examine the documentation submitted and if the insolvency or imminent insolvency is justified, he or she must declare the debtor insolvent on the same day as the application or the following day.
With regards to the right of ownership and other proprietary rights, which are evaluated in accordance with the law of the state where the property is situated, the applicable rule states that the right of ownership acquired in line with an earlier instrument still remains in force, even though it has not been acquired under the new instrument.
Effects of notification of the initiation of enforcement Routine legal acts Following the service of notification of the initiation of enforcement, the obligor must confine himself to routine legal acts within the scope in which they can be reasonably required of him in view of the amount and significance of the claim.
This is particularly so in relation to family law.
The citizenship of a natural person is determined pursuant to the law of the country whose citizenship is to be decided; if a natural person has several citizenships, the citizenship of the country with which the person is most closely connected applies; and for a stateless person, a person whose citizenship cannot be determined or a refugee, the domicile of the person is applied instead of their citizenship (Sections 11(1)-(3) of the PILA).
Along with the final report, the insolvency practitioner submits a statement of the fee and expenses to the insolvency court.
Parties and their legal representatives can consult case files solely in person, exclusively in the presence of a court staff member.
A declaration of acceptance of the succession is not required for acquiring a hereditary right.
The attachment is then carried out at the earliest 15 days and at the latest six months later, failing which the order ceases to be legally valid.
1.2 Competent court The competent court depends on the nature or amount of the claim involved.
The districts are divided, in turn, into judicial cantons (canton judiciaire/gerechtelijk kanton), each with a civil magistrate’s court (justice de paix/vredegrerecht).
1.8 Reimbursement of costs As a general rule, the ‘loser pays’ principle applies.
Applications for legal aid are made to the Bar Council (Consiglio dell’Ordine degli Avvocati) for the place where the court with jurisdiction in the case is located.
The administrator may only dispose of the estate in order to discharge his or her obligations and to cover expenses related to administering the estate.
Financial compensation is calculated by taking into account the circumstances of each individual case, the applicant must prove the fulfilment of legal requirements and that specific expenses or losses, i.e. damages, have been incurred.
The contents of the trade register are determined by Finnish law.
Normally, at least the following information is registered for each company type: Company name Municipality from which the company is managed (domicile) Line of business (field of activity) Who represent(s) the company Company address.
To oppose in Spain the recognition of a decision on parental responsibility adopted by another Member State, the party concerned must apply to the Court of First Instance to which the request for recognition has been made and plead the existence of any of the grounds for non‑recognition laid down in Regulation 2201/2003.
The legal consequences of separation are the same as those of a divorce.
However, if required by a general interest or a major interest of the parties, the court takes urgent measures on its own motion to secure the succession and can also appoint an administrator.
The courts of appeal (corti di appello) are courts of second instance.
Since a unified IT system has yet to be implemented, these provisions are not yet applied in practice.
Article 29(1)(d) - Accepted languages Irish and English.
In particular, if it detects a wider problem, the Commission can contact the national authorities to have it fixed, and ultimately it can take a Member State to the Court of Justice.
In Finland, there is a national code of conduct for mediators, with sectoral codes of conduct for mediators (e.g. by area of specialisation such as family law mediators, medical, construction).
The judge will then determine the consequences of divorce on issues which the spouses have not amended.
If any of the agreements do not sufficiently protect the interests of either of the spouses they may, for this purpose and for the consideration of the proposed agreements, order the performance of acts and the production of the evidence required.
When determining the consequences of divorce, the judge should not only encourage but also take into account the agreement of the spouses.
Seizure and confiscation of revenue [la intervención y depósito de ingresos] obtained through an activity considered illicit and whose prohibition or cessation is requested in the claim, as well as the consignment or deposit of the amounts claimed as compensation for intellectual property.
Under Articles 144 and 145 of the Constitution, disputes about civil rights belong exclusively to the competence of the courts, and disputes concerning political rights belong to the competence of the courts except where otherwise provided for by the law.
Actions arising from a breach of a competition prohibition imposed on members of the board of a company must be brought within five years of the day of the breach.
Forced sale of the debtor’s movable and immovable property is a less frequent method of enforcement.
An inventory list of the estate’s assets and liabilities must be attached.
They should be settled by bank transfer to the account of the court of appeal, as the secondary authorising body, or to the account of the district court, as the third authorising body.
The divorce will not be granted until there is a final court ruling on custody and visitation rights for the minor child during the period following the divorce.
An action can be brought by summons, by voluntary appearance, by an inter partes application or by unilateral application (cf. below).
The structure of courts is as follows: 4 COURT OF CASSATION 3 Appeal courts Labour courts Assize courts 2 First instance courts Labour tribunals Commercial courts 1 Civil magistrates Police courts The judgments of lower courts are called jugements/vonnissen.
The register is public and can be accessed via the Chamber’s website.
It follows that all assets are covered by the process.
In deciding on contact, the interests of the child are of paramount importance: contact shall be deemed not to be in a child’s interest if it imposes psychological pressure on the child or if it jeopardises the child's physical and mental development.
The rules regarding taking of evidence and presenting, selecting, collecting, examining and assessing the items of evidence in civil proceedings are set out in Articles 219 to 276 of the Civil Procedure Act (Zakon o parničnom postupku) (Narodne novine (NN; Official Gazette of the Republic of Croatia) Nos 53/91, 91/92, 112/99, 129/00, 88/01, 117/03, 88/05, 2/07, 96/08, 84/08, 123/08, 57/11, 25/13 and 89/14 (ZPP)).
Until a final court judgement is issued, the spouse who entered in good faith into an invalid or annulled marriage retains his or her status as a spouse within a valid marriage, and the property relationships between the former spouses are subject, by analogy, to the provisions regarding divorce.
The issuing of an order for payment is therefore obligatory for a judge and does not depend on a claim from a claimant, if the legally prescribed conditions for its issuing have been met.
The statutory rules for the method by which time limits are calculated are set in Sections 55-58 of Act No 99/1963, the Code of Civil Procedure, as amended.
The authority may also order the debtor to provide this information on pain of a fine.
The time limit for lodging appeals is 15 days from the date of notification of the decision.
However, both the laws covering both types of procedure provide for categories of cases which, in view of their social importance, are heard with the involvement of lay judges.
The Act may specify a particular coming into force date.
It is envisaged that the costs of the procedure may be shared to a certain percentage depending on the material circumstances of the beneficiary.
If the statement is contained in a document submitted as evidence of a party’s assertions, that statement will have the status of a document.
Enforcement for monetary claims and for securing such claims is not permissible on objects and rights which are essential to meet the basic living necessities of the debtor and of persons the debtor is by law obligated to support, or which are essential to the debtor’s pursuit of his or her professional activity.
In the event of a subsequent lawsuit between the main party and the intervener, the effects of the final judgment in the initial proceedings shall extend to the intervener or to those who despite being invited to do so did not intervene in the proceedings, in so far as these persons as parties to a subsequent lawsuit may not enter any pleas which are in conflict with the key elements of the ruling in the initial lawsuit.
If any of these is missing the court gives the person filing the complaint or objection up to 15 days to rectify the shortcoming.
If yes, what are the relevant national procedures or laws that apply?
These rules vary from country to country, as they are closely linked to the history, culture and social development of each nation.
Registered partners are entitled to inherit under the same conditions as spouses.
If the data in a register is confidential, the Enforcement Authority can still demand to be given it so that it can investigate whether a debtor has any attachable assets.
2.2.2 Exceptions to the basic rule See paragraph 2.2.2.1.
They have discretion as to what orders they make in any particular case, to meet the demands of that case according to its particular circumstances.
In which areas of law are referrals to mediation possible/most common?
Yes, under European Union rules and international conventions on the payment of maintenance that Spain has ratified, a maintenance creditor may request the assistance of Spain's central authority, based within the Ministry of Justice.
They are competent to hear criminal law cases, civil law cases, family and custody law cases, labour law cases and social insurance cases.
Generally, each party pays half of the fees.
Courts of first instance The judicial courts of first instance are normally the district courts [tribunais de comarca].
The grounds for the claim and all procedural data required for the claim must be uploaded in a prescribed XML structure (or as a PDF attachment to this structure).
Please see the answer to Question 1.
Fixed costs Fixed costs in civil proceedings Fixed costs for litigants in civil proceedings In first instance cases, the fee (illeték) for court proceedings is 6 percent of the value of the claim (between a minimum of 10, 000 HUF and a maximum of 900,000 HUF).
Usually, the court fixes the value of the proceedings at three times the net income.
The Italian Ministry of Justice is setting up a new electronic system to manage data related to insolvencies.
The cost of mediation depends on several factors: the mediator’s qualifications and experience, the complexity of the dispute, the number of mediation sessions required and other factors.
The Slovak courts do not apply charges for videoconferencing.
Otherwise, they are bound by instructions from above.
The fees are set out by claim value in the table of fees (Annex 2 to the relevant act).
For example the winning party may not get all of his costs if he has been considered by the court to have delayed or unnecessarily prolonged the proceedings or while winning the case may have lost on certain discrete issues within the case.
Articles 21 and 29 The applications provided for by Articles 21 and 29 shall be submitted to the following courts: - in France, the Président du Tribunal de grande instance.
The competent court is the court that would have jurisdiction as to the substance or the court in whose district the evidence at risk is situated.
during the proceedings, even in the absence of an application.
No No The system contains only judgements which have entered into legal force.
For practical reasons, it is therefore necessary to comply at least with this period of notice in relation to the hearing date, so that the notification can be deemed to have been duly served.
However, once you have reported the crime you can benefit from a range of rights and additional support which might not otherwise be available to you.
You do not have to attend a medical examination.
Enforcement against a company member's stake is conducted by registering a decision of enforcement, by selling the stake and paying the creditor the amount obtained from the sale.
A number of cases (primarily those that are not disputed) are exempt from these charges.
As regards the application of the language legislation (Law of 15 June 1935 on the use of languages in judicial matters, loi du 15 juin 1935 concernant l'emploi des langues en matière judiciaire), the judge of attachments [juge des saisies] gave a clear ruling in Bruges (judge of attachments, Bruges, 11 October 2006, T.G.R.
Periods determined in hours end upon the expiration of the hour whose designation corresponds to the hour when the event determining the start of the period occurred.
In this case, the competent authority for authorising the direct taking of evidence could ask for information regarding the appointment of the interpreter.
The time limit between the day of service of the summons and that of appearance is half that of proceedings before the general court (tribunale) (Section 318 of the Code of Civil Procedure).
Judicial Academy The Judicial Academy is an independent public institution that provides quality initial professional training for trainees in the judicial bodies and for students at the State School for Judicial Officials, and organises and continuously improves the lifelong learning of judicial officials and advisors in the judicial bodies.
District courts have jurisdiction to hear civil cases at first instance (Section 12 CCAP).
Acceptance may not be partial or subject to conditions or exceptions.
The court sets a time limit for the submission of the statement.
The general rule is that each of the spouses is entitled to half.
The fraction for determining the daughter's compulsory portion is ¼ (whereas her legal portion is ½; the same as that of the husband who lived with the testator under the property regime of community of accrued gains).
Collateral relatives who are related to the deceased on both lines shall receive cumulated portions.
A person who is in breach of a maintenance obligation can be sentenced to up to three years’ imprisonment or ordered to pay a fine.
The spouses should confirm in the application that they have no disputes regarding children, the division of joint property or maintenance orders.
In the case referred to in Article 46 of Council Regulation (EC) No 4/2009, full exemption from costs is guaranteed, and the fees of the advocate will also be paid by the State.
The compensation is made in a single payment.
Related Links National Register of Public Service Interpreters Association of Police and Court Interpreters Institute of Translation and Interpreting
The relinquishment of succession to the benefit of another heir takes effect if the other heir consents to this act.
The civil court deals with cases between two parties (individuals or legal entities).
Misdemeanour courts adjudicate in the first instance on offences related to road safety, the economy and public order.
The fight against cybercrime "Cybercrime training for judges and prosecutors: a concept" (Council of Europe and Lisbon Network) The aim of this initiative is to help judicial training institutions to develop training programmes on cybercrime and electronic evidence for judges and prosecutors and to integrate such training into standard initial and in-service training in this field.
Further proceedings Information is available: the outcome of appeals the irrevocability of the decision Publication rules Court judgments in Slovakia do not have general legally binding force.
They are not a source of law.
When it is stipulated by the parties, it is called contractual interest.
Statutory deadlines are laid down by law.
Rights and obligations of lawyers A lawyer takes office on being entered in the register.
'Promising', 'good' or 'best' practice The training practices presented in this section are identified as 'promising', 'good', 'best' or 'unclassified' according to the criteria defined by the EJTN when conducting the study.
If the injured party chooses to claim for damages outside the criminal proceedings, they must begin civil proceedings under the rules for these proceedings.
In court mediation, the best interests of children must be safeguarded.
In the absence of an international agreement, the Private International Law Act of 14 February 2011 is applicable.
Civil and commercial matters In conformity with Article 1017 et seq., the costs that constitute legal costs (costs for bailiff, expert, court, etc.) are, in general, awarded against the losing party, once the judgment has been delivered.
They may not, however, interfere with the work of the Public Prosecutor’s Office in question even when it is investigating infringements of major national importance.
This is regulated in the Legal Aid Act (Wet op de Rechtsbijstand).
At a sales event: the invitation should clearly state the commercial purpose of the event, the information package should be available to the consumer at all times, a timeshare or a long-term holiday product shall not be marketed as an investment.
Monies obtained from the enforcement of decisions will accrue to the executing state, unless otherwise agreed by the respective Member States.
In particular, the following are unseizable: Benefits in kind provided under social security laws; the claim to the distribution of matrimonial property and matrimonial savings, insofar as it has not been recognised or judged by an agreement or settlement.
After filing the petition, the court may, upon request by the debtor, order a temporary interdiction of the repayment of debts and the provision of security for debts, or debt collection, or distrainment and other enforcement measures to take effect prior to the commencement of the proceedings.
When territorial jurisdiction is exclusive, cases are enumerated when a court other than the ordinary court of the defendant has territorial jurisdiction.
Anyone may consult it and make copies or take extracts from it.
In it, it orders the defendant to pay the claim and the costs of the proceedings within 15 days of its receipt, or to lodge an appeal to the court that issued it.
Both Edilex and Suomen laki contain databases of national legislation, case law and other material.
Altogether 3 631 people are employed in the penitentiary system (data as per 1 November 2012, representing active full-time equivalent positions, including members of the Prisons Directorate); this figure includes a total of 3 098 prison wardens (including 127 responsible for teaching prisoners).
Annex II - The courts or competent authorities to which the application referred to in Article 39 may be submitted - in Latvia, the rajona (pilsētas) tiesa.
Examples are: the marital home, the goods intended for daily use, the children and the maintenance allowance for one spouse to be paid by the other.
The European Commission cannot be held liable for failure of delivery of your claim or for failure of producing evidence of its transmission (or of its transmission failure).
Key information: Company organisation number Company name, business address and other addresses Company formation date Company articles of associations and type of activity Roles in the company Bankruptcy information Announcements: The business register announces all major events for a company.
In commercial small claims disputes, the explanatory part of the judgement contains only an indication of the claims and of the facts on which the parties’ claims rested, a note of legal right and a note on the right to appeal, and an indication to the effect that the judgement will be drawn up with a statement of grounds if a party announces its intention to appeal.
Any person operating an undertaking is regarded as a professional.
If the debtor is a natural person, the law lays down special rules for the debtor to enjoy exemption from payment of claims that were not settled during the insolvency proceedings.
Time when the insolvency proceedings are considered to be closed The observation period is the period from the date of the judgment opening the proceedings to the date of the judgment adopting the safeguard or judicial reorganisation plan, or pronouncing judicial liquidation.
If the mail remains uncollected, the postal service provider at its discretion posts a final notice to the addressee, advising that the mail item is still awaiting collection.
Providing information on the EJN All courts, legal aid offices, prosecutors, enforcement authorities and Ministry of Justice officials have access to an intranet with comprehensive information on international assistance in civil and criminal matters.
Slovenia: There is a register of all court expert witnesses, which includes national forensic experts as well.
A distinction must be drawn between this scenario and another kind of case: a party entitled to maintenance may receive certain social security payments that meet a need that would otherwise be covered by the maintenance payment.
The decision shall be communicated by the registrar to the requesting party by any appropriate means.
The Luxembourg State declines to accept any liability regarding the use of the information contained in the Luxembourg pages.
The judiciary is governed by the Law on judicial power.
Maritime Navigation Law (Law 14/2014 of 24 July 2014), Article 43 and Article 470 et seq.
(arrest of seagoing ships).
The right to a reserved share also does not restrict a testator’s freedom to dispose of his or her property but protects the interests of the testator’s closest relatives and spouse, who are entitled to payment of a specific sum of money.
In addition to the fact that each creditor represents their claim and the defence thereof, creditors also participate in the conduct of bankruptcy proceedings through the general meeting of creditors.
The examination by videoconference does not have to take place in a court.
Assignment of defence counsel is in any event considered to be in the interests of the administration of justice where there is a case of imperative defence (notwendige Verteidigung) under Section 61(1) of the Code of Criminal Procedure (see below), if the defendant is blind, deaf, dumb, or handicapped in some other way or does not have sufficient knowledge of the language used by the court; in appeal proceedings; if the case involves complex factual and legal circumstances.
An attorney from another country which is a Member State of the European Union is entered in the directory of foreign attorneys who may practise as an attorney in the Republic of Slovenia under the professional title of 'attorney' with all the rights and duties applicable to a practising attorney if that person meets the statutory conditions and passes the examination to test knowledge of the national law of the Republic of Slovenia.
In the case of violent crimes or sexual offences: Yes, if the State of which the victim is a national grants similar aid to Spaniards in its territory.
Ordinance No 1 of 2008 for the registration, qualification and remuneration of experts was issued by the Supreme Judicial Council and applies to civil, criminal and administrative cases.
The Dutch contact points and members also hold an annual meeting.
This meeting is an opportunity to discuss the activities of the Network and to examine areas in which mutual communication can be improved.
Legislative databases The Légilux site is the law portal of the Government of the Grand Duchy of Luxembourg on the Internet.
Enforcement is the enforced satisfaction of a substantive claim incorporated in an enforceable title with the assistance of the public authorities.
Some aspects of the Swedish rules governing these procedures under Article 86(1) of the revised Insolvency Regulation are explained in brief below.
Rights arising from patents and utility models, as well as records of topographies of semiconductor products, designs and trade marks, and other distinctive trade signs may be given as pledges – Article 6 of the Industrial Property Code.
Outside the cases referred to above, the rights relating to the succession may only be exercised jointly by all heirs or against all heirs.
This phrase is found in the Maltese Commercial Code which term is defined as 'simple interest for late payment at a rate which is equal to the sum of the reference rate and at least eight percent (8%)'.
They are both public officers and legal professionals: acting on their own responsibility, they perform certain public functions assigned to them by law, in particular by mortgage, business and administrative law; and in their capacity as public officers under the Mortgage Act (Ley Hipotecaria), they exercise the powers conferred on them by administrative law.
It may do so within 30 days of the date on which the court decision on the division of costs enters into force.
Country: Please selectBelgium Bulgaria Czech Republic Denmark Germany Estonia Ireland Greece Spain France Croatia Italy Cyprus Latvia Lithuania Luxembourg Hungary Malta Netherlands Austria Poland Portugal Romania Slovenia Slovakia Finland Sweden United Kingdom Instrument: Recognising and enforcing judgements in civil and commercial matters - Brussels I Regulation
5 - An unregistered lease of a duration of more than six years shall not be enforceable against third parties.’
The main reason for the insolvency must be an essential decline in the ability of the debtor to pay, owing to a change of circumstances not primarily the fault of the debtor, such as illness.
A parent who is not granted custody has a right to visit the child.
Article 5 (3) - Possibility of designating the applicable law during the course of the proceeding Please note that the original language version of this page has been amended recently.
Is access to the commercial register free of charge?
Article 25 1 (g) Appeal procedure and courts competent for an appeal Decisions of the court of first instance in small claims cases may be appealed against before the Supreme Court.
A decision on succession is delivered to all heirs and legatees, as well as to persons who have applied for succession during the proceedings; on becoming final, it is also delivered to the competent tax authority.
What is determined by the final decision on succession may be contested by a person who, under the provisions of the Succession Act, is not bound by the finality of the decision on succession, by civil action with the persons benefiting from the finding whose veracity he/she contests.
This must be submitted to the competent authority (deed registry or land registry) operating at the place where the property is situated.
BUSINESS REORGANISATION While the business reorganisation is in progress, no attachment or other enforcement under the Enforcement Code may take place against the debtor.
Provided they are signed, private documents are also fully accepted as evidence that the statements they contain were made by the person who signed them.
In the absence of the above, parents and ascendants, with respect to their children and descendants.
As a consequence, the mentioned 14 participating Member States adopted Council Regulation (EU) No 1259/2010, which became applicable on 21 June 2012.
However, the Court must seek on its own initiative to acquire knowledge of the foreign law.
How to search the business register for information on bankruptcies in Luxembourg 1st method: It is possible to carry out a search via the business register Internet site (RCS) using the name (or part of the name) or the registration number of the person registered.
The recording of video-conference hearings is not prohibited, but the requisite equipment is not available in all courts.
Legal aid in criminal proceedings Member States have their own legislation establishing the ways in which legal aid is to be provided in criminal proceedings within their jurisdiction.
It has proved to be an important tool for developing rules about the functioning of the administration and also about the development of uniform and proper applications of law.
How to search the Dutch insolvency register You can only search for natural persons by: name and date of birth name, postcode and house number date of birth, postcode and house number.
The Commission can grant financial assistance regardless of your nationality or legal/illegal status in Belgium.
The Administrative Court also acts on appeal and on the substance in proceedings challenging decisions of other administrative courts that have heard applications for annulment where special laws grant jurisdiction to those courts.
The time validity of a particular measure of an enforcement court depends on the nature of the measure.
Secondly, in the case of unclaimed inheritance, a court appoints, ex officio or upon request, an administrator of the estate.
An action or motion for the issuing of an order for payment must contain all the elements that every action is obliged to contain: a reference to the court, the names and permanent or temporary residence of the parties, the names of the legal representatives or agents, a specific request setting out the main subject of the case and the side claims, the facts supporting the claimant’s request, evidence substantiating those facts, the value of the dispute and a signature.
Furthermore, the German Lawyers’ Association (Deutsche Anwaltverein, DAV), the largest independent association of German lawyers, provides a wide range of information on the legal profession (also available in English and French).
The implementation of IKAR took place in phases.
An application to restrict the capacity to act and to establish a trusteeship for a person owing to his or her dissolute or spendthrift lifestyle, or excessive use of alcohol or other intoxicating substances, must be submitted to the court of the person’s declared place of residence, or failing that the person’s de facto place of residence (Section 271 of the Law on Civil Procedure).
Click on the below link to view all competent authorities related to this Article.List of competent authorities Article 3 – Central body Central body The central Romanian authority is the Ministry of Justice.
A party on whom a writ is served who argues that the opposing party was aware of his residence for example and therefore invokes the rule that service on the public prosecutor was null and void must provide evidence.
Joint contribution is presumed subject to proof to the contrary.
No warrants of seizure or garnishee orders may be issued to secure rights or claims against armed forces members or against any vessel wholly chartered in the service of the Government of Malta if such person is in Malta with the armed force or vessel to which he belongs.
A court uses service by posting on its notice board if the law so provides and the parties to the proceedings or their whereabouts are not known the court.
The modification is noted in the record of civil marriage and in the register.
Then there are some special processes: the summary trial, the sanction requested by the parties (plea bargaining), the immediate or summary judgment, the procedure by criminal decree of conviction.
In addition, anyone may obtain a copy of a land register or a certificate indicating that a land register has been closed.
The personal law of legal persons governs: the capacity of the legal person; incorporation, operation and competence of its bodies; ways of acquiring and losing membership and the rights and duties pertaining thereto; third party liability of the legal person, its respective bodies and members; transformation, dissolution and termination of the legal person.
The claims in Article 86(3), claims arising from the debtor’s documentation, claims that are recorded in an enforceable document, claims secured by collateral recorded in a public register, claims that are recorded in another manner in insolvency proceedings or in other legal proceedings, and claims whose verification is required from the public administrations will not be subordinated on these grounds and will be classified accordingly.
The rights entered in the Register are protected by the courts, which means that no-one can be deprived of these rights unless legal proceedings involving the registered owner decide the contrary.
3.3 the minor children of the spouses Prior to granting a divorce to the parents of a minor child who has not acquired full legal capacity, the court will lay down the rights and responsibilities of the spouses concerning the child for the period following the divorce.
Procedures for rectification and withdrawal (Art. 10(2))
Under Section 21 of Act No 160/2015 (Code of Civil Dispute Procedure (Civilný sporový poriadok)), the court that rendered a judgment or the court at which a settlement was approved or made has jurisdiction for making amendments to and revoking certificates.
The law applicable is that of the minor’s usual place of residence, in accordance with the 1996 Hague Convention on the protection of the child.
If the ten-day period expires to no effect, the serving body places the document in the addressee’s mailbox and, if there is none, it returns the document to the sending court and posts a notice to that effect on the court’s official notice board.
Yes, in cases where proceedings can or must be electronic, the parties can consult the case documents at any time.
More information can be found on the website of the Legal Information System of the Republic of Austria.
2.2.2 Exceptions to the basic rule In certain cases the ZPP gives parties to a case the possibility of filing an action with another court and not that with general territorial jurisdiction under the rule.
Finland applies the principle of “free evaluation of evidence”, and so it is a matter of presenting adequate evidence to the court.
However, the damage to health must be long-term in nature (i.e. must last for longer than six months).
In the event that a disputed bill of costs relates to work not involving court proceedings, it is possible for the Legal Complaints Service to assess whether the bill is fair and reasonable.
Article 50(1)(g) – Extent to which joint and nominee accounts can be preserved Under Portuguese law, it is presumed that the parties have an equal share in the credit, such that, unless there is evidence to the contrary, it is assumed that each depositor owns half of the funds deposited in the account (Articles 513 and 516 of the Civil Code).
You must then enter your credit card details.
After reviewing the application, the Ombudsman may: take on the case; indicate the remedies available to the applicant; forward the case to the competent body; refuse to take on the case.
Austrian law does not allow proceedings to be conducted entirely in writing.
In compulsory settlement proceedings against large, medium or small companies that were opened on a petition from creditors, the initial costs of the proceedings are paid by the petitioner of the proceedings.
An appeal filed after the expiration of the fifteen-day period only due to the fact that the appellant followed an incorrect instruction given by the court with respect to an appeal is deemed to have been filed in a timely manner.
If the conversion is requested by one of the spouses, the other will be notified in person or via their legal representative to lodge an appeal - which may only be based on reconciliation of the spouses - within a period of 15 days.
They have the right to appear in all Scottish courts, although most of their work involves appearing in the higher courts (the Court of Session and High Court of Justiciary) and giving specialist opinions on legal matters.
The Real Property Register, of which the land register is part, is a multi-purpose national register which provides information on: Real property and joint property units Administrative divisions Location addresses Geometric area of the property/cadastral maps Ownership Mortgages and mortgage deeds Easements and usufructs Plans and land use regulations Ancient monuments Land parcelling measures or the like Site leasehold rights History Buildings Property taxation information.
Where, in the cases referred to in paragraph 2.2.1 above, there is already an alternative territorial jurisdiction or in the cases referred to in paragraph 2.2.2.
Article 6 – Means accepted for transmission of requests and other communications Requests may be submitted by post, courier service or fax.
As a result of procedural issues that arise in some cases (appraisals, hearing from the parties and witnesses, etc.), it can be hard to determine the overall duration of proceedings in advance.
8 Is it possible to withdraw a claim that has been initiated via the internet?
The burden of proof is governed by the principles set out in Section 2697 of the Civil Code, which states that: ‘Those intending to enforce a right before a court shall provide evidence of the facts supporting the claim.
No there are no restrictions on the type of persons that can be examined; witnesses, experts and parties can all be examined.
Legal interpretations given by the highest court — the Supreme Court — and comments by experts also serve as reference points (e.g. the commented edition of the Constitution).
The work of an expert witness comprises findings and an opinion.
Before being admitted for training as a registrar, the relevant person must work in the court office for at least two years and must pass the court office examination intended for court office employees, as well as the specialist service examination.
Upon request, the judge, in the decision ordering the measure, may waive the applicant's burden of bringing the main action if the material acquired in the proceedings has led him (the judge) to believe that the safeguarded right is real and the nature of the measure decreed is appropriate to reach final settlement of the dispute.
A simplified enforcement mechanism has been put in place, namely assignment, in which the creditor is authorised to receive the debtor’s income or any other sum payable by a third party direct, up to certain limits.
The court makes its order on the basis of the Lawyers’ Scales of Fees Act (for lawyers’ fees) and the Fees Entitlement Act (experts’ and interpreters’ fees).
Other measures that the court may order include a meeting with a mediator, a meeting with an expert in pedopsychology or the determination of a plan for an acclimatisation regime to facilitate gradual contact between the child and a person entitled to be in contact with him/her.
Ships, aircraft and means of railway transport, and all rights established over them, are subject to the law of the flag State or country of registration.
This is the case for independent public bodies, specifically responsible for protecting the collective interests of consumers, or consumer protection organisations.
When a person who has made a will dies, beneficiaries must notify the will to the heirs , by means of a process server or in another verifiable manner, and must supply them with a true copy of the will.
If such creditors also lodge a claim as bankruptcy creditors, they must indicate in their lodgement the part of assets of the bankruptcy debtor to which their right to separate satisfaction applies and the amount by which their claim will foreseeably not be settled by that separation right.
Time limits expressed in weeks, months or years expire at midnight on the day of the last week or the last month which corresponds in name or number to the starting date (Section 125(2) ZPO).
The search interface allows searches using seven different criteria: individual keywords; expression; section; number of the judgment; year of the judgment; number of the case; year of the case.
If the public prosecution service considers that the agreement does not duly protect the interests of the minors, the applicants can alter it as required or submit a new agreement.
In the latter case, the agreement will be resubmitted to the public prosecution service.
For enforceable attachment, all the monies and assets subject to attachment are frozen from the date when the attachment injunction has been sent to the third party attached.
In the case of documents that the law regards as enforceable but which are not issued by a court, the competent authority is the person who issued the document, as in the case of notarial deeds.
Such communications are deemed to have been served once they have been received in the information system specified (Article 42(4) of the Code of Civil Procedure).
After the evidence has been taken, the case will be adjudicated.
If no valid bids are collected at the first on-line judicial auction, the second auction will begin by publishing a call for participation on the first day following the completion of the first on-line judicial auction.
If the Public Defender of Rights considers that the measures taken are inadequate, he makes this known to the National Council of the Slovak Republic or to a body authorised by it.
1.1 Scope of procedure An order for payment may be issued even without an explicit application by the claimant, on the basis of an action claiming the fulfilment of a financial receivable, if the right arises from facts stated and documented by the claimant.
When does the losing party have to pay the costs of the proceedings?
You can consult the WTBZ, along with the other Dutch legislation, for example on the Dutch Government’s website.
Before deciding to replace the agent, the court will take into account statements by the parties in the proceedings and the enforcement agent.
The applicant has to provide evidence of one or more of the facts required to prove the breakdown of the marriage, and, unlike those who seek a divorce, does not need to wait for a year to commence from the date of the marriage.
Nothing: the electronic procedure only applies to the submission of documents and notices served on the parties’ legal representatives.
WSOYPro is the third commercial legal information service in Finland.
The Commercial Court, established in 2004, is a specialised division of the High Court and is governed by Order 63A of the Rules of the Superior Courts in particular.
In some cases, a court may also order that an ongoing enforcement procedure should lapse (this is known as inhibition).
A surviving person with whom the deceased had concluded a registered partnership is also included in the second class and receives one third of the estate (Article 11 of Law 3719/2008).
As an exception, in insolvency proceedings where there are public interest grounds justifying it, the insolvency judge may appoint a public administration creditor or a public law body creditor linked or answerable to that public administration as a second administrator.
Will the decision of the court be automatically enforceable?
Legal force refers to the properties of legal norms, one piece of legislation being subordinate to another (i.e. one with greater legal force), or where a legal norm is derived from one having greater legal force.
Considering the effectiveness of the recourse to mediation as a preventive system to solve the problems arising from the cross-border change of the child’s residence, mediation should be highly recommended in all cross-border family conflicts and in particular in international child relocation disputes.
Nevertheless, under Article 26(2) of Law No 189/2003 on international legal assistance in civil and commercial matters, the letters rogatory procedure may be denied if the person to be examined may not testify due to some interdictions under Romanian law or when the documents to be transmitted or examined may not be circulated.
A solicitor shall not deduct or appropriate any amount in respect of all or any part of his charges from the amount of any damages or other moneys that become payable to a client of that solicitor arising out of any contentious business carried out on behalf of that client by that solicitor.
If yes, which documents are admissible as proof?
European Union law Cyprus became a fully-fledged and equal Member State of the European Union on 1 May 2004 and is subject to EU law.
The appropriate court in which to bring a claim at first instance is determined by its nature (contract, tort etc.) and value (see above).
The manner of sale is determined by conclusion of the court, taking account that the movable property is sold to the best bidder (Article 149(1) of the EA).
If the debt falls due in its entirety because of the non-payment of one instalment, the ten-year limitation period shall commence on the due date of the unpaid instalment.
Ministerial Implementing Order No. 331-A/2009 of 30 March, as amended by Ministerial Implementing Order No. 350/2013 of 3 December, and by Ministerial Implementing Order No. 288/2015 of 17 September, governs access to public databases.
2.2 The main conditions A court may order urgent measures before, during and after proceedings.
Powers of attorney for such instruments must be provided in the same form’.
All these measures may be adopted for a maximum period of two years.
Primary legal aid may be refused where the applicant’s claim is clearly not justified, the applicant has already received an extensive consultation on the same question, it is clear that the person is able to obtain lawyer’s advice without the legal aid guaranteed by the state in accordance with the law, or the application does not relate to the person’s own rights and legitimate interests, except for the cases of representation specified under the law.
Deliberations are subject to a quorum under which seven judges have to be present.
The application in the High Court is by way of Special Summons.
Preventive attachment If the judge of attachments refuses authorisation for a preventive attachment, the judgment creditor can challenge the judge’s order within one month of its being served (Article 1419, first paragraph, and Article 1031 of the Judicial Code).
If the parents live separately, their joint responsibility continues.
When exercising the right to address a labour dispute committee, it is important to note that the committee resolves financial claims not exceeding EUR 10 000.
Organisation The Malta Chamber of Advocates represents advocates admitted to the Bar of Malta.
However, in regional administrative courts, cases can also be referred to an individual judge.
As indicated in (a) above, European small claims procedure applications should be made to the Registrar for the relevant District Court who will advise the claimant of the arrangements for making that payment.
A. Organisation of the courts: civil and criminal courts Disputes are assigned at first instance to either the district courts or the regional courts.
The parties may challenge the Decision of the Executive Committee before a court within 15 days following the date of its receipt.
Where spouses adopt together, the conditions for and termination of adoption are governed the law of the State of which the adoptee is a national and also of the States of which one and the other spouse is a national.
In addition to administrative supervision, the activities of trustees in bankruptcy are also monitored by the bankruptcy committee, the general meeting of creditors, the court and the Chamber within their field of competence.
These are known as summary offences.
Publication rules The courts select appropriate case law for publication.
The amount that the debtor has to pay is determined in such a way that the debt restructuring applies to all the debtor’s assets and revenues following deduction of what must be retained for the subsistence of the debtor and the debtor’s family.
The declaration must be accompanied or followed by an inventory of the property in the estate.
The text of the present Constitution has been revised several times since that time.
The application can be submitted by the creditor himself or herself or by any representative.
Articles 12 and 78 of the Business Register Regulation relate to extracts of all or some of the information entered in the Register.
In Spanish law, parental responsibility is usually referred to as ‘patria potestad’ (parental authority).
1.5 Appeal An appeal against a decision to reject an application may be lodged with the judge or, where the court has more than one judge, with the duty judge.
They are allowed to exercise their profession both inside and outside the courtroom; under German law there is no category of lawyers devoted specifically to pleading in court.
Yes, there are persons from whom evidence cannot be obtained.
The terms of the settlement may cover the following: formal apology, compensation for material and non-material damage, community service, obligations to the party suffering loss, obligations to society as a whole and so on.
The provision of official services is agreed in writing with the service requester before the service is provided.
DEBT RESTRUCTURING There are no special rules concerning set-off.
The surviving spouse may keep the deceased spouse’s undivided estate, subject either to an application by a direct descendant for distribution of the estate or to a will made by the testator.
Documents will be deemed lawfully served where the record of service contains adequate evidence that the documents in question were delivered to the person concerned at their home address, to the e-mail address authorised for use as such, via an electronic notifications portal or by any remote or electronic means chosen by the addressee.
The supervisory courts (tribunali di sorveglianza) and the supervisory offices (uffici di sorveglianza) supervise the enforcement of prison sentences and fines and the application of the law governing sentences.
Portugal(144 Kb):Court staff training is organised and provided by the National Ministry of Justice.
As regards the other aspects of the question, the answer has already been covered in detail in the reply to question 4.
The creditor may state that he does not know the third-party debtor.
Provisions of special laws may also apply in some cases.
The most common documents are the estate inventory and the estate distribution document.
This is available to people who, by virtue of a privileged relationship on account of their profession, occupation or other status (such as clergy, doctors, advocates and notaries), are required to observe secrecy.
The website of the Slovak Ministry of Justice has a section dedicated to mediation, which is available only in Slovak.
More information is available on the website of the High Council of Justice Lawyers Role and duties Lawyers (avocats/advocaten) are law and justice professionals.
There is a special mechanism to guarantee for exercising constitutional rights and freedoms: a constitutional complaint, which can be lodged by citizens who consider that the national authorities, the local and the regional self-government bodies and public law entities deciding on their rights and duties, or regarding the suspicion or the charge of criminal offence, have breached their human rights or fundamental freedoms, as guaranteed by the Constitution.
For attachment of immovable property, a separate request is in any case always required.
‘Accepted divorce’ may be applied for by one of the spouses and accepted by the other or jointly by both spouses.
The court will establish this, ex officio, by means of the decision to quash the appeal.
This list does not preclude a magistrate from ignoring the same list and appointing any other person he/she considers suitable to perform interpretation or translation duties.
In the first hearing, the justice of the peace questions the parties at his discretion and makes an attempt at conciliation: if this is successful, the settlement arrived at is recorded.
In such proceedings, the creditors must notify their claims within three months from the day on which the notice of the opening of bankruptcy proceedings was published on the webpages of AJPES.
Experts’ fees Civil and commercial matters Experts’ fees are not regulated and experts set the amount of their fees freely.
On 1 January 2013 there were 134 commercial courts.
The only form of appeal against the order for payment is filing a statement of opposition with the court (in traditional or electronic form).
Time limits for the performance of procedural actions in insolvency proceedings are established by the Commerce Act (CA).
Section 2(2) and (3) of the European Enforcement Order Implementation Act 2.
In turn, the child may be obliged to provide maintenance for the person who provided him with such maintenance for 10 years (Article 517(2) of the Civil Code).
The nullity of a procedural act means that an act carried out late has no legal effects associated with performing it by statutory laws.
After the expiry of the deadline, the process server deposits the documents in the addressee’s letterbox; if the addressee does not have a letterbox or if it is not useable, the documents are returned to the court.
Administration of the Courts Responsibility for administration of the courts in Northern Ireland jurisdiction lies with the Northern Ireland Courts and Tribunals Service.
The value of immovable property may be determined by a court even before the decision on enforcement becomes final.
Winding up: To take part in winding‑up proceedings a creditor must have completed the forms for proof of debt and supplied all the supporting evidence.
If circumstances change, a court will change the decision relating to the performance of obligations and rights arising from parental responsibility even without a petition.
Article 25 1 (f) Court fees and the methods of payment The fees are as follows: EUR 40 to file Form A and EUR 7.20 for each notification served on the respondents.
Proceedings in the court are governed by the Non-Contentious Probate Rules or the Civil Procedure Rules.
If an agreement cannot be reached, the court closes the case.
Upon receipt of the application for mandatory counselling, the social welfare centre is obligated to schedule a meeting and summon the parties.
Bankruptcy proceedings A trustee has the right to perform an unperformed obligation arising from a contract entered into by the debtor and require the other party to perform their obligations or waive the debtor’s obligation arising from a contract, unless otherwise provided for by law.
The third paragraph of Article 480 provides that, in the enforcement order, the creditor must elect domicile in the municipality in which the court with jurisdiction over the enforcement is located.
All members of the public can access the register free of charge.
The application is served to the respondent (maintenance debtor) who is given the right to be heard and to file an objection.
Under this principle, European legislation takes precedence when there is a conflict between European law and the national law of a Member State (acts, decrees etc.).
Once a judgment is given, it is usually published between 24 hours and 2 weeks afterwards.
The court proceeds in this manner both when the proceedings are taking place in Slovenia and when the service of documents is carried out at the request of a court in another Member State (principle of national procedural autonomy).
Thus the Court of Cassation ruled that election of domicile in a procedural act of first instance (e.g. in the summons or pleadings) was only valid for the whole of the first instance proceedings, the enforcement of the subsequent judgment and an appeal against that judgment (by the opposing party).
For further information on mediation please consult the website of the Family Support Agency.
The Fees of Land Registrars were approved by Royal Decree 1427/1989.
Other legal professions Bailiffs Bailiffs (huissiers de justice) are public officers who have sole power to: serve acts and writs and to perform notifications prescribed by laws or regulations where the law does not lay down any other method of notification; enforce court judgments and other documents that are directly enforceable.
10 If the deadline expires on a Saturday, Sunday or a public holiday or non-working day, is it extended until the first following working day?
In addition, the party benefitting from the exemption from court costs may apply for legal aid in the form of a lawyer appointed ex officio.
This rule shall not apply in non-contentious proceedings, i.e. in proceedings which may be initiated of the court’s own motion (see paragraph 2.1), and in divorce proceedings or proceedings on the dissolution, invalidation or non-existence of a partnership.
The latest revision of primary EU law has been carried out by the Treaty of Lisbon, which entered into force in December 2009 (the treaties referred to above include the amendments by the Treaty of Lisbon).
More information can be found on the website of the Public Prosecutor’s Office of the Republic of Bulgaria (Prokuraturata na Republika Bulgaria).
A minor child cannot be represented by either parent in cases concerning legal acts which could prompt a conflict between the interests of the parents and those of the minor child or between the interests of multiple minor children represented by the same parent.
The court must consider each item of evidence in order to determine its weight in the case (i.e. the difference between an official and a private document).
The instrument must indicate the shares according to which each heir is acquiring rights to the real estate, and where appropriate which rights in rem are being established, and the corresponding beneficiaries and liable parties.
Once a user is registered on the portal they may access information only on those cases for which they are registered as a party, and in such cases they can open and listen to the audio project files added to the documents in the case.
If the parties do not choose a mediator, the alternative dispute resolution office of the General Directorate for Justice Policy indicates one of the mediators from the list of public mediators, in sequential order and taking into account proximity to the parties’ area of residence.
All proceedings for the arrangement of parental rights and obligations are free of court fees.
See Article 108 of Act No 36/1995, Article 193(3) of the Code of Civil Procedure.
You can search for authorities using the Fundamental Rights Interactive Tool.
However, it may count as evidence against you if it is a confession made during formal questioning.
In Portugal, a divorce can be obtained by mutual consent or by a contested action.
1.6 Written procedure Under the national small claims procedure, the court hearing a case may itself decide on the form and procedure for hearing the case.
C. Inventory The purpose of an inventory (inventaire/inventaris or boedelbeschrijving) is to determine the assets forming an estate, joint marital property, or undivided property (Article 1175 of the Judicial Code), at the request of creditors, a spouse or joint heirs.
Information on the national property registers In cases involving immoveable property, the land register, which is an administrative and fiscal document, can provide information for the creditor on the immoveable property held by the debtor within a municipality and what it comprises (real estate already built or under construction, the volume of plots and the nature of each site).
If creditors entitled to vote do not vote at this hearing, they are deemed to have voted against the restructuring plan.
It is the right and the duty of the absent parent to maintain personal relations and direct contact with the child on a regular basis (right of access).
They are bound only by the law.
If Poland and the country in which the claimant resides are parties to a convention or a bilateral agreement concerning the recognition and enforcement of decisions in cases regarding maintenance, such assistance is provided to the extent specified in that agreement.
The use, reproduction, distribution, communication to the public or transformation of this content or any other similar activity is totally prohibited without express authorisation by the Ministry of Justice.
In a private document, a signature may be authenticated by an authorised state body or a legal or natural person exercising a public authority (e.g. a notary public).
Article 19 of the Conflicts of Laws Act lays down that the law that governs a contract is the law that the contracting parties have chosen unless otherwise provided by that Act or an international agreement.
The enforceability of mediation agreements is governed by the ordinary rules.
The candidates put forward by the Supreme Court must be selected from among Latvia’s judges.
Types of legislation, in descending order of legal status: the Constitution of the Republic of Latvia; statute: laws enacted by Parliament; Cabinet regulations; regulations of the Bank of Latvia, the Financial and Capital Market Commission and the Public Utilities Commission (in the Latvian legal system these regulations have the same status as regulations issued by the Cabinet); binding local government regulations.
Appeals are governed by the same rules as appeals against police court judgments.
The legal separation of spouses marks the end of their common matrimonial life.
Help or information from the authorities There are a number of authorities in Sweden charged with helping to ensure respect for fundamental rights in different ways.
NOTE The information contained in this factsheet is not exhaustive or binding on the Contact Point, the Courts or other entities and authorities.
13 Can courts modify time limits, in particular the appearance time limits or fix a special date for appearance?
These effects are produced when two claims become eligible for set-off.
Annex III - The courts with which appeals referred to in Article 43(2) may be lodged In Portugal: the Appeal Court (Tribunal de Relação).
If exclusive territorial jurisdiction has been imposed for certain matters, territorial jurisdiction may not be determined according to the defendant’s general court or according to the court of choice.
In doing so, the public prosecutor must act impartially, and must consider the incriminating evidence and the evidence in the defendant’s favour.
If the plaintiff does not know how to sign the application or is not able to do so, it should be signed by an authorised person, indicating the reasons why the plaintiff has not signed it.
The basic rule is: the court for the place of residence of the applicant (or of one of the applicants or of one of the interested parties named in the application) has jurisdiction, and if this person has no known place of residence in the Netherlands, the court for the place where this person is actually staying (in the Netherlands).
In Finland, some sources of law are national and others are international.
If the court has ordered in its decision that only one custodian may exercise the power to decide where the child lives, that custodian may take the child to another State without the other parent’s consent.
The service’s role is to: answer the queries of private individuals and direct them towards the appropriate departments, giving them the information and technical resources that they need; provide private individuals with general information on the scope of their rights in relation to the problems raised, and on the channels and resources for exercising those rights; listen to their grievances regarding the difficulties they have encountered in exercising their rights and suggest ways of overcoming them.
Civil partners are able to apply for a separation order, which has exactly the same effect.
7 What effect does an insolvency proceeding have on proceedings brought by individual creditors (with the exception of pending lawsuits)?
Lawyers’ fees in the Netherlands in principle are not fixed.
Once the court has made a decision on unclear debt restructuring, the person who has prepared the draft may be given an opportunity to rectify, review or supplement the draft.
39; Journal of Laws 2010/172, item 1158) determines the law applicable to parental responsibility and custody rights.
The necessary legislative amendments in Denmark already entered into force on 1 June 2013.
In order to obtain maintenance under Council Regulation (EC) No 4/2009, assistance can be obtained from the International Judicial Cooperation Division of the Ministry of Justice.
Norway Iceland Liechtenstein Norway The Brønnøysund Register Centre is a government body under Ministry of Trade, Industry and Fisheries.
The law specifies a number of forms of evidence (non-exhaustive): deeds and judgments; inspection of accounts, records and documents; witness testimony; formal or oral reports by experts and inspections of and visits to premises.
Experts’ fees Normally the party has to pay experts' fees.
There are special rules for cases where legal aid has been granted.
The Commission for Victims and Survivors aims to improve the lives of victims and survivors of the Conflict.
Statutory interest is the percentage used to calculate the additional amount that has to be paid by a debtor who has not paid his/her creditor on time.
In such cases, proof of receipt is enclosed with the letter, and the recipient must sign it and return it to the court.
The general rule can be deviated from on the basis of a prenuptial agreement.
There is no legislation in Greece governing family mediation specifically, so the rules that apply are the general rules on mediation and judicial mediation set out above.
In the first case, the petition is accompanied by a proposal for the measures that are to govern the effects of the divorce or separation and that will be discussed during the proceedings, and the judicial authority decides if the spouses fail to reach an agreement.
Because regulations provided for in written law are now fairly comprehensive, custom is nowadays only relatively rarely of importance as a source of law.
In all urgent cases, a judge sitting in summary proceedings (juge des référés) may order any interim measures to which there is no compelling objection or which are justified by the existence of a dispute.
If the second reading of draft legislation is suspended, amendments may still be put forward.
The site contains all legislation from 1988 to present day, most pre-1988 primary legislation in both original and revised versions, and a large selection of secondary legislation from 1948 onwards where this legislation is still in force.
The court should give the child the opportunity to be heard during the proceedings, unless this appears inappropriate due to his or her age and degree of maturity.
The public mediation sessions may take place at the premises of the General Directorate for Justice Policy or at facilities made available in the municipality where the parties have their residence.
Article 748-1 of the Code of Civil Procedure provides that dispatch, delivery and service of procedural documents, papers, notices, warnings or summonses, reports, official reports and copies and enforceable originals of court judgments may, under certain conditions, be effected electronically.
About the national network Legal Aid The Transmitting and Receiving Authority in the area of Legal Aid is the Advocate for Legal Aid, who operates from the registry of the Civil Courts, the Law Courts, CONTACT_INFO Valletta, Malta.
Fixed costs Fixed costs in civil proceedings Fixed costs for litigants in civil proceedings In civil proceedings, litigation costs comprise stamp duty and other costs: legal representation, delivery of court documents, experts’ or witnesses’ fees, execution, etc.
A separate application should be lodged upon separation.
The Register originally came under the Commerce Department, a Government department.
Authorities designated for the purpose of certifying authentic instruments (Art. 25) 1.
In terms of the above, one would have to look at the various specific laws which grant priorities to certain claims, as is the case with the Value Added Tax Act, Chapter 406, the Employment and Industrial Relations Act, Chapter 452 and the Social Security Act, Chapter 318.
The debtor may not leave Estonia without the permission of the court after bankruptcy is declared and before the debtor has taken an oath.
Inspections are carried out by State inspectors responsible for the protection of personal data, who are employed by the Information Commissioner: the Information Commissioner may order corrections to be made to personal data, ascertain infringements involving the illegal acquisition or processing of personal data and impose penalties (fines) on personal data controllers.
The above obligations are not subject to undisputed enforcement if: such enforcement is directed against State-owned property; the obligation has been extinguished by prescription, the lapse of which is unequivocally manifest from the document itself.
The parties can ask the court to call witnesses, but cannot designate experts of their own motion.
The respondent may oppose the recognition of a judgment issued by a court in another Member State on the grounds for non-recognition laid down in Article 22 of Council Regulation (EC) No 2201/2003.
Evidence is not secured if it clearly carries no weight in the proceedings.
Maturity of the claim must be demonstrated in the settlement record, in a public document or a document certified in accordance with the law.
Section 16 of the 1926 Act as amended by Section 9 of the 1986 Act allows evidence to be adduced and the cross examination of the debtor or creditor.
The legal framework for mediation was created by the Mediation Act (Mediationsgesetz), which came into effect on 26 July 2012.
In terms of the Constitution, the Attorney General is always the main defendant where the constitutionality of legislation is challenged.
Arbitration is an equivalent alternative to state courts.
In its decision obliging the person in receipt of a wage to pay maintenance allowance, the court will, at the creditor’s request, call on the employer directly to deduct the amount stated in the decision and to pay it to the creditor.
Furthermore, via the European Forum of Official Gazettes, you can access the websites of the organisations responsible for publishing the official gazettes of EU Member States (plus some EU candidate countries and the EFTA countries).
The transmission of information should be paid for by the requesting court that initiates the videoconference.
2 What are the conditions under which such measures may be issued?
There are no rules on specific restrictions.
The date and place of the hearing are set by the insolvency court in its insolvency decision.
The time when a time limit starts to run is necessarily determined or determinable.
The effects of adoption are governed by the law of the State of which all parties are nationals at the time of the adoption or, where this is not the case, by the law of the State in which all parties are habitually resident at the time of the adoption or, where this is not the case, by the law of the State of which the adoptee is a national.
The fee for a judicial technical assessment is established by the body which has ordered the assessment, taking into account the complexity of the assessment, the volume of work involved and the professional or scientific grade of the expert or specialist.
Purchase and sale can be proven by means of an accepted invoice, without prejudice to the other items of evidence admissible under commercial laws’.
Each of them is administered by a head prosecutor.
Where the application referred to in subsection 1 is made by the creditor on whose application the Order was issued, it shall wherever possible be accompanied by the original European Enforcement Order certificate that is to be rectified.
Child maintenance benefit is granted on application from a child’s guardian or legal representative, or someone having bona fide care of the child.
The Supreme Court does not only quash the judgments of lower courts: it too may decide the matter itself, to uphold or vary the judgment; or it may quash the previous decisions and instruct the courts of first or second instance to retry the matter; or it may dismiss the action.
In most cases, the debtor’s income and bank account funds are seized.
The parties may also apply to a court by means of a joint petition, a joint action in which they submit their claims to the judge.
If one of the parents refuses to issue the declaration of authorization, the other parent can make an application to the court for lifting the prohibition on leaving the territory or providing an exceptional authorization for the child to leave the territory.
There are, however, specific forms available from the registrar of insolvencies at the court of first instance (protodikeío).
The services of an interpreter may be dispensed with where all the persons involved have a command of the foreign language concerned.
b) In the case of judicial assistance with the direct taking of evidence, the requesting court determines the language of examination.
The level of the payment is determined by the requirements and needs of the party entitled to maintenance and the ability to pay of the party liable for maintenance.
The latter drafts and therefore knows its content, which is incorporated into the notary’s official records and notified to the Ministry of Justice’s General Register of Wills through the Directorate General for Registers and Notaries.
There are other steps that take place in court, such as the administration of an oath whereby the debtor swears to the inventory of the assets.
Collective accords, on the other hand, only concern a specific area (wages, working hours, etc.).
The Gazette contains Hungarian legislation (excluding local government decrees), including: orders and decisions of the Constitutional Court, which must be published in the Official Gazette in line with legal provisions or on the basis of a decision by the Constitutional Court; decisions of the National Assembly; judicial uniformity decisions of the Curia; opinions of the National Election Committee; annexure, including the Collection of Decisions; the Official Report.
When granting a maintenance claim, the court orders the respondent to pay state fees and the costs incurred by the claimant in the proceedings.
Legal representation is not necessary in maintenance cases.
International treaties negotiated between Bulgaria and third states form part of the domestic legal order.
Hence the importance of publishing such judgments in this Register.
Withdrawal may also occur if the entitled person has committed a crime against the testator, his or her spouse or ascendant or a descendant of the testator, or if the counterparty is in intentional breach of his or her right arising from legislation to provide maintenance support to the testator.
Ordinary courts of law The Supreme Court of Justice Positioned at the top of the hierarchy of courts in the judicial system is the Supreme Court of Justice which comprises a Court of Cassation and a Court of Appeal, plus a Supreme Prosecutor’s Office.
It is in Luxembourg.
Where service is effected by post, there is a statutory presumption of service of the documents when they are delivered in the ordinary course of post.
Royal Decree 1093/1997 of 4 July 1997 on registration of land-use planning documents.
There are also exceptions for the recovery of proceeds of crime.
Under the Judicial Authority Act, administrative courts are based in the same localities and have the same territorial jurisdiction as provincial courts.
Presidential Decree 142/2013 has provided (in addition to the electronic submission of proposals) for the electronic submission of related documents before civil courts.
There is no formal educational specialisation among judges.
Article 25 1 (i) Accepted languages Only the German language may be used.
There is no central body responsible for regulating the profession of mediator.
Administration of courts Pursuant to the Law on Judicial Power, the main public authority for the administration of courts is the Ministry of Justice.
A vacant position of a judicial clerk is filled by way of public competition.
In addition, with a view to ensuring that enforcement takes place, all persons and public and private bodies are required to cooperate with enforcement measures (with a warning that they may incur a fine or even be held in contempt of court if they fail to comply with the requirement).
The court must, using its discretion, decide what significance such evidence will have.
In cases where no other Member State has jurisdiction pursuant to Brussels II bis the Irish courts can take jurisdiction where at least one of the parties is domiciled in the State at the time of the institution of the proceedings.
Under Regulation (EC) No 4/2009, the Hague Convention of 2007 or the New York Convention of 1956, the applicant may submit his application for maintenance through the Romanian Ministry of Justice if the debtor resides in one of the EU Member States that are party to the Hague Convention of 2007 or the New York Convention of 1956.
The notary prepares this type of will in accordance with the testamentary disposition of the spouses, and the spouses must sign it in the presence of the notary.
When there is no will, the will is not valid, the heirs do not want to inherit or cannot inherit, or there is no right of accretion between the heirs, intestate succession takes place under the law.
Communication with the European Commission (in this case, the secretariat of the EJN-civil) usually takes place via the central contact point.
This ensures that, where relevant, information and questions reach the right authority.
Such company data may contain personal data, and for example the following: name, date of birth, mail address, e-mail address, and phone numbers of the persons that represent a company in dealings with third parties and in legal proceedings, or that take part in the administration, supervision or control of the company.
Article 71 1.
(g) - Accepted languages for translations of documents For the purposes of Articles 20, 28 and 40 of the Regulation the accepted language is Bulgarian.
The court decides in a ruling, and the amounts deposited by one of the heirs for the others and those resulting from the sales are divided by the court.
If the time limit is expressed in months, it expires when the day of the last month which corresponds to its starting day passes.
Court bailiffs Role in enforcement The bailiff is the main party involved in enforcing judgments and always acts on the instructions of the party requesting enforcement.
No specific restrictions are laid down.
B. Consignment Movable property that is not registered property.
If the circumstances of an individual case so justify, a motion may also be filed with the court with territorial jurisdiction to implement the enforcement.
‘Custom’ today chiefly means certain established practices that occur, for example, in commercial activities.
The notary can proceed with the liquidation of the succession liabilities with the approval of all heirs, as well as with the collection of receivables; payment of debt and liabilities; selling of movable property (i); execution of particular legacies.
According to the majority of experts in the field of mediation, any dispute relating to rights of which the parties may freely dispose is suitable for mediation and the conflicting parties should almost always be encouraged to resolve the dispute amicably.
Prosecutors (ügyész) Organisation Hungarian constitutional rules stipulate that the Office of the Public Prosecutor (Ügyészség) exercises rights specified by law in connection with investigations, conducts prosecutions in court, and is responsible for verifying the legality of penal measures.
The statements indicated above must be drawn up in two originals and must be authenticated in Romania by the notary public and abroad by the diplomatic missions or consular posts of Romania or, if such statements have been made before foreign authorities, they must meet the requirements for legalisation under the law or have the apostille affixed in accordance with the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents.
After registration, the application and accompanying documents, together with, where appropriate, evidence of how they have been forwarded to the court, are handed over to the President of the court or the person designated by the latter, who will take immediate steps to randomly establish a judicial panel, pursuant to law (Article 199 of the Code of Civil Procedure).
None of the above Was the alleged violation committed by a private or public entity?
Legal persons with the capacity to be parties to a legal case fall under the jurisdiction of the court in the region of which their registered office or branch is situated, where the dispute relates to its operation.
The Law Library provides a place to work from and access to legal texts and materials in return for an annual fee.
In relation to child maintenance, the application is usually made by the parent or other person who has care and custody of the child.
A notary may also declare enforceable a conciliation agreement concluded as the result of a conciliation process by a notary or attorney-at-law in line with the rules laid down in the Notarisation Act.
Appeal is lodged by the applicant and interested parties who appeared in the proceedings, within three months of the date of delivery of the judgment, and by other interested parties, within three months of the court order being notified to them.
Bank details are communicated with the request for payment issued by the court cashier’s office.
However, the law stipulates that spouses must always strive to settle any family disputes first by negotiating and coming to a mutual agreement; to do so, spouses can request assistance from the family mediators of their local social services board (sosiaalilautakunta).
That agreement stipulates which assets accrue to the estate and which are to remain with the surviving spouse (the principle that the shares of both spouses are equal need not be respected).
In cases where, given their particular situation, material circumstances or level of income, persons are not able to provide for their own legal defence, state legal aid is also granted to persons who: are entitled to legal aid from the Republic of Latvia by virtue of Latvia’s international obligations; in the case of cross-border disputes, are domiciled or habitually resident in a European Union Member State.
Actions against the founders of a company regarding obligations undertaken by the company before its establishment must be brought within three years of the day when the company is entered in the commercial register.
In Spanish law, other relatives, persons or institutions may be appointed, under judicial supervision, to exercise parental responsibility over minors, if the parents fail to carry out the duties of protection laid down by the law on the care of minors, or do not carry them out satisfactorily.
Right of collective bargaining and action You have the right to interact collectively with others at work as part of negotiations of collective agreements, work contracts and other related negotiations affecting your conditions at work.
The Directive on the European Investigation Order was adopted on 3 April 2014.
Legal Information System (Pravno-informacijski sistem – PIS) The Legal Information System – Register of regulations of the Republic of Slovenia (Register predpisov Republike Slovenije) is linked to the collection of regulations of other state bodies and UL RS.
These rules also apply mutatis mutandis to the form of agreements as to succession and other bequests upon death, provided that the testator is a party to the agreement as to succession.
Where a legal procedure that is to be the basis for the establishment and expiration of rights in rem to tangible movable property is made after the start of shipping of the property and for the duration of the shipping, such establishment and expiration shall be governed by the law of the place from where the property was dispatched.
10 Are there alternative non-judicial means for solving issues relating to the divorce without going to court?
This period of voluntary use is intended to give lawyers the opportunity to phase the new technology in and to ensure that the mailbox is operating smoothly prior to making its use obligatory.
Notaries Role and duties Notaries are public officers warranted to receive acts done by any person during his/her lifetime and wills, and to attribute public faith thereto.
Any third party who was not summoned and who did not attend the proceedings may also file a request to that effect, as long as they have a legitimate interest.
Hierarchy of norms The Basic Law heads the hierarchy of domestic norms.
Is access to the Latvian insolvency register free of charge?
This is the case: if both spouses request it; if one of the spouses lives permanently with a child of theirs who is under the age of 16 and is in that spouse’s custody; or if only one of the spouses wishes for the marriage to be dissolved.
The same applies if the legal cohabitation ceases, under interim measures (Article 1479 of the Civil Code).
If the pursuer is able to raise the action in terms of the ‘ordinary cause’ rules: for example, if a sum over £5000 is sought or if chapter 40 of the rules (commercial actions) applies; the fee to lodge the writ is currently £127, and additional costs may be incurred thereafter (see above).
A creditor may also set off a claim resulting from the debtor’s failure to honour a contract which arose from the fact that the trustee waived the debtor’s obligation after bankruptcy was declared.
If the judge opens insolvency proceedings, they will be considered ‘compulsory’, which normally means that the debtor is suspended from administration and disposal of its assets and is replaced by the administrator.
The Danish Court Administration is headed by a board of governors and a director.
Proceedings on a minor child’s maintenance may be initiated by the court on its own motion (ex officio) (Section 81(1) of the Code of Civil Procedure) because in these cases the court has a duty of care to minors.
It is an agreement that an ancestor (transferor) concludes with his/her descendants, whereby the transferor distributes and transfers to his/her descendants in whole or in part the property held at the time the contract is concluded.
If the reserve price is not met, the property is not sold.
The judge’s decision takes effect at once; it is an enforceable document that can be enforced in accordance with the rules on the enforcement of judgments.
The legal remedies available in the Swedish legal system are designed to protect fundamental rights.
Related links Ministry of Justice JASPI – legal information database
The parties are free to remarry should they wish to do so.
1.9 Possibility to appeal Article 29 of the Law provides that the decisions of Lithuanian courts adopted under the European small claims procedure are subject to appeal.
Provincial constitutional law must not be inconsistent with federal constitutional law, and is therefore subordinate to it.
Should the Spanish courts be able to establish direct judicial communication: The laws in force in each State are always respected.
The following always applies: only one relative of the previous degree needs to be alive in order for all the possible heirs of the subsequent degree to be excluded.
A protest of securities forgery formulated during the matching process will not prevent the enforcement order from being issued if the items match, without prejudice to the subsequent objection to enforcement that the debtor may make, arguing that the security is forged.
It can also apply to cases where a relative, for example, has been killed.
The justice of the peace has general jurisdiction for maintenance disputes (Article 591(7) of the Judicial Code), but there are exceptions.
If the case is adjourned, parties who have been duly summoned do not receive a summons to the next hearing if the date has been communicated to them at the hearing.
It is then that the debtor recovers his rights and can again carry out measures.
The Superior Council of Magistracy is the body that, under the Constitution, ensures the independence of the judiciary.
If the review is to be ordered on the basis of section 8(3) by way of petition, sections 261 et.
Electronic service of documents is not permitted by the New Code of Civil Procedure (Nouveau Code de Procédure Civile).
If there is a risk of selling, losing, replacing/destroying of the assets, the notary puts the assets under seal or hands them over to a custodian.
In terms of form, the agreement then becomes a judgement.
A proposal to refer a civil case for court mediation can be made by the presiding judge.
The niece and the nephew thus each inherit one half of the estate.
The claim is treated as undisputed and the claimant may apply for a judgment in default of appearance 12 Is it possible to submit documents to a court electronically and if so in what type of proceedings and under what conditions is it possible?
Parental authority shall be exercised by one of the parents according to Article 507 of the Civil Code when the other parent is deceased, or has been deprived of his/her parental rights, or is placed under interdiction etc.
The Commissioner can summon witnesses and have the faculty to administer an oath to any person concerned in the investigation and require them to give the relevant information.
Witness testimony, as well as other means of proof, is within the discretion of the judge.
A registered person may object to data and document content required to be published by law, in respect of third parties only from the date of original publication, unless it can be shown that it was previously known to the third party.
In such cases the rules on the burden of proof come into play.
Sometimes a presumption is provided for by law.
Certain facts or circumstances are regarded as being so probable that a party pleading them does not need to provide (further) proof of them.
As regards provisional and preliminary measures that a judge may adopt before or during the proceedings for legal separation, marriage annulment or divorce, decisions adopting such measures are not open to appeal, even though the decisions handed down do not constitute a definitive judgment and are not at this stage binding.
BUSINESS DEBT RESTRUCTURING UNDER THE BUSINESS DEBT RESTRUCTURING ACT 1 Who may insolvency proceedings be brought against?
Only a judge may be elected as President of the NJO.
Article 6 – Means accepted for transmission of requests and other communications Requests relating to the taking of evidence may be sent by post or fax.
The remuneration of notaries is determined by the Fees Act (Kostenordnung, KostO).
When an application for compensatory support is made to the judge, the spouses must provide a statement certifying on their honour the accuracy of their incomes, resources, assets and living conditions.
In 2014, at the time of writing of this factsheet, the value of a non-contributory pension is €199.53 and the value of the national minimum wage is €505.00.
The intestate succession of an adoptive parent and his relatives is conditional on the adoption existing at the time of the opening of the succession.
The court may also use other sources of information and perform other acts to determine the content of law, as described in the previous paragraph in reference to Section 4 of the PILA.
In general, a court is supposed to instruct a person of their procedural rights and obligations at the start of a hearing.
These are governed by the Courts (Areas and Seats) Act (OG 128/14) The information given here is currently up-to-date and accurate, but will be changed after 1 April 2015 and 1 July 2015.
The party may, however, appear in person and apply orally or in writing to appear before the court, stating that he has been notified of the hearing and wishes the case to be heard.
The Consejo de Hombres Buenos de Murcia holds its hearings publicly every Thursday at the meeting hall at the Town Hall and resolves each case at that day’s session or by no later than the following hearing.
Translation is not free of charge.
Where the issue raised does not fall within the CNPD's remit or it is not possible to issue a decision owing to the nature of the individual's statement, it may be assessed or duly forwarded by the member to whom it was assigned.
The Maltese receiving authority verifies the address provided if the service fails; however, in order to do so, the Maltese authority must be provided with an identity card number of the addressee in the case of a physical person.
The witness is then questioned on the case itself.
Where the costs are imposed on the losing party, he or she will be required to pay, for the part corresponding to lawyers and other legal professionals not subject to rates or scales, only a total amount of no more than one third of the sum at issue for each of the litigants that have secured the decision.
In order to arrange a videoconference a number of technical issues have to be clarified.
If the maintenance debtor fails to attach documentary evidence of payment, the maintenance payments will be deducted on a monthly basis from their wages, salary, pension, subsidies or other income of which they are in receipt.
Eurojust also cooperates with the European Judicial Network, Europol, and OLAF.
In Spain, there is no distinction made among the various courts of first instance in terms of the amount of the claims or the seriousness of the cases they can deal with, and no court of first instance hears appeals on rulings by other first instance courts.
If the parties feel that their marriage or relationship can no longer work, the mediator will then try to help the parties reach an agreement on their children and their assets.
3 What are the legal consequences of a divorce as regards: 3.1 the personal relations between the spouses (e.g. the surname) the status of spouse ceases to exist and each of the divorced spouses may remarry; on dissolution of the marriage through divorce, the spouses may agree to keep the names used during their marriage.
If the immovable property is located in the districts of several district civil courts, the auction takes place at any district civil court, at the choice of the party seeking enforcement.
In the absence of an electronic acknowledgement of receipt of correspondence, service is deemed effective 14 days after the date on which the document is uploaded to the data transmission system.
The Civil Registration Act (ZGR) specifically regulates the cases where data stored in the NPD can be made available and specifies the persons who may be provided with such data.
When the court issues the order on the commencement of restructuring proceedings, it shall set a date by which the creditors must declare their claims in writing to the administrator if these claims differ from those reported by the debtor.
Mediation in the labour field Mediation is very common in labour disputes.
If the examining magistrate (in a court or judicial body) decides to close the proceedings - that is, order dismissal - the victim can appeal if they have appeared in person at the proceedings and it is a private prosecution.
In the case of violent crimes and sexual offences, generally speaking, receiving legally regulated aid is not compatible with receiving compensation for injuries and damage caused by the crime which is laid down by a judgment.
If the reorganisation adviser does not agree with an allegation made in the creditor’s petition, they will submit the petition together with evidence promptly to the court and substantiate why they disagree with the information in the petition.
If the court proceedings have begun without the parties going to mediation, the judge, taking into account the circumstances of the case, may agree that the parties should go to mediation and the Family Court will refer them to a free information session.
County courts are competent to deal with applications for review.
A document of distribution in the form of a notarial deed can be concluded by the heirs.
In the case of a divorce by mutual consent, the application need not indicate the grounds for divorce but must include an annexed agreement, dated and signed by the spouses and their lawyer(s), settling all the effects of the divorce and including, where appropriate, a statement of liquidation of the matrimonial property regime (‘état liquidatif du régime matrimonial’).
The judge of a competent court may compile an international will at the request of a testator, while for a citizen of the Republic of Slovenia abroad this may be done by a diplomatic or consular representative referred to in Article 69 of the ZD (hereinafter: authorised person).
A marriage entered into by the parties is therefore never automatically null and void: a marriage continues to be valid until it is annulled.
Approximately 10 percent of practising barristers are Queen’s Counsel (or QCs) who deal with the most important and complex cases.
Claimants can monitor the progress of their cases by logging into an online facility if the proceedings were initiated via the internet.
A failure to submit a defence leads to the defendant losing his right to provide further evidence or put forward objections other than those related to public policy, unless the law provides otherwise.
The training centres are approved by their Regional Health and Social Services Office (Direction régionale des affaires sanitaires et sociales, DRASS).
Where the accused party is found guilty, the court will sentence him/her to pay the costs of the trial, including attorney fees and other expenses for the defence counsel appointed ex officio.
If the victim wishes to lodge a claim at the trial, the court will appoint an attorney.
The English-language version of announcements is available from August 2006.
The grounds for divorce are that a marriage has broken down completely and irretrievably.
On the Ministry of Justice’s website, you can find a complete list of persons trained and authorised to conduct mediation in the Republic of Bulgaria.
Other conditions attached to the granting of legal aid to victims All conditions are set out in Act No 301/2005 Code of Criminal Procedure.
It also applies to problems with access to general services such as postal services, telecommunications or transport.
The law applicable to industrial property is: the law of the country in which it was created.
Privileged wills made in special situations by certain serving officers, assisted by two witnesses, have the evidentiary effect of the authentic instrument.
SMN also supports and promotes the process of mediation for NHS complaints in Scotland – this work is funded by the Scottish Government.
(b) - Redress procedure Request for review by the Supreme Court (Curia), to be submitted to the court which issued the decision at first instance.
Mediators can be found using the following search criteria: First name and last name Postal Code Province Country Area of expertise Search criteria can also be combined.
EU countries should ensure that messages, requests or complaints can be made directly to the retailer, and that the retailer forwards these to the organiser who must assist without undue delay.
Other special circumstances for interruption are added to this case: (for example, the interruption of the appeal time limit - Article 469 of the Code of Civil Procedure).
On the same day or no later than the first working day thereafter, the bailiff shall send, by ordinary post, a copy of the document and the notice mentioned above to the address indicated in the document.”
The fixed rate is equal to the ECB base rate on the first day of default plus nine percentage points; this rate applies for the duration of default on the debt, and any subsequent adjustments to the ECB base rate will have no effect on the default interest rate (which is why this default interest rate is called the fixed rate).
Appeals against judgments and decisions of the Migration Courts may be lodged with the Migration Court of Appeal, which is part of the Stockholm Administrative Court.
The enforceable title serves as the basis for enforcement.
However, it is no longer possible to exercise it through the courts.
In commercial matters, by contrast, evidence from testimony and presumptions are, in principle, admissible to counter or supplement the content of instruments.
If the debtor complies with all obligations under the approved debt relief method in a due and timely manner, the insolvency court – on a recommendation from the debtor – issues an order freeing the debtor from the payment of claims included in the debt relief procedure to the extent to which they have not yet been met.
District Judges (magistrates’ courts) sit in magistrates’ courts and deal with the types of cases dealt with by magistrates (see below).
To strengthen the efficient application of Union instruments, the Network has also produced a wide range of citizens' and practitioners' guides.
Costs in cases within the jurisdiction of the courts Exemptions Minors are exempt from costs when they are represented by the Public Prosecutor or by a court-appointed lawyer in cases heard in court and are exempt from fees in cases that take place at the Civil Registry Office.
It is also possible to find a Catalogue of the databases listed above on the Légifrance site.
The list of Légifrance licence tariffs is also available.
If the court decides to investigate the matter itself, it can secure the assistance of the Ministry of Justice.
Article 225 of the Companies Code states that a private limited company agreement may establish that if a partner dies, their share may not be transferred to the deceased’s successors, and may also make the transfer subject to certain requirements.
One of the professional associations set up in accordance with the law on associations and foundations is the Romanian Order of Legal Advisers (OCJR).
A party who submits documents to court and requires them to be translated into a foreign language must pay in advance a surety of the amount established by the court.
The Law provides for the appointment of a Commissioner, the establishment and operation of the Commissioner’s Office, and other related matters.
1 Existence of a specific small claims procedure In France, there is a simplified procedure for small claims before the district court (tribunal d’instance) known as a declaration at the court registry (déclaration au greffe) and governed by Articles 843 and 844 of the Code of Civil Procedure.
The insolvency proceedings are terminated.
Creditors may bring proceedings individually.
Organisation of the administration of justice – the judiciary Courts of first instance in civil and criminal cases Regional Courts (RC) The main court of first instance is the regional court.
Am I expected to quote the amount in the claim form?
If the opinion is submitted to the registry of a court acting on a request or reference from the delegated judge’s court, the report is forwarded immediately to the registry of the court trying the case.
Institutional framework Institutions responsible for the adoption of legal rules German laws are made by the country’s parliaments.
The information will not be re-used for an incompatible purpose; To whom your information is disclosed.
In the case of terrorism offences: In the case of death, aid will be provided in a single payment in accordance with the legally established amounts.
Alternatively, they must have been conceived before the death and born afterwards.
Information of public interest is available on the website of the institution.
The estate is divided between two lines, the paternal and the maternal line, each receiving half of the estate.
In certain matters, specified by law, it is regional courts that decide as courts of first instance (Section 31 CCAP).
Each of the spouses is thereafter free to remarry.
Access to these databases is free of charge, and no restrictions apply.
In the event of an unjustified refusal to give evidence or take an oath the court, after examining all the present parties regarding the validity of the refusal, imposes a fine on the witness (Article 274 of the Code of Civil Procedure).
If, during the preliminary questioning, the judge establishes that a witness is unfit or is not the right person to be examined, he or she will not allow them to give evidence.
The EU will only disclose information to third parties if that is necessary for the fulfilment of the purpose(s) identified above and to the mentioned (categories of) recipients.
If it finds that the existing evidence is sufficient or if the party has not managed to submit it within the legal deadline.
There are also urgent measures (provvedimenti d’urgenza, Section 700 of the Code of Civil Procedure), whose content is established by the court on a case-by-case basis according to the precautionary need to be met.
Outside this general system, there are other legal provisions on the matter of interim protection, among which are the following: Proceedings on the legal capacity of persons: Article 726 of the LEC permits the court to officially adopt the measures it considers necessary for the protection of the person presumed to lack capacity or of their estate.
The main proceedings are opened by a Decision in which the court decides on the opening of insolvency proceedings (opening of insolvency proceedings).
The agreement reached is a tailor-made solution for their dispute that ensures that their parental decisions take account of the best interests of the child, if a child is concerned.
For example, in actions before the local courts (Amtsgerichte) the claim may be registered orally at the court office.
Therefore, representation by a lawyer is not obligatory in the procedure of issuing a European order for payment.
Article 6 – Means accepted for transmission of requests and other communications Documents may be sent by post only.
In French, Dutch, German and English.
supporting documents?
3.6 Matrimonial property regimes Spouses are allowed to choose the law applicable to their proprietary rights in respect of marital property.
Education requirements for work in academia or for exercising scientific and educational occupations: The person concerned must have been awarded a university degree or master's degree in law or a doctor's degree, have made public presentations at scientific or academic gatherings in the field concerned and published scientific and academic works.
In addition, the Crime Victim Support Offices, which are the assisting authorities for cross-border crimes, will provide information to victims on the interpretation services available.
The court may also cancel interim measures of its own motion where that is necessary to protect the public interest and where failure to lift them would violate the rights and legitimate interests of a person, society or the State.
The Spanish administration will verify the content and validity of the foreign law invoked and determine if it can be applied to each specific case.
The descendants and parents of the deceased, as well as the surviving spouse or a survivor with whom the deceased had concluded a registered partnership, who would have been called as intestate successors, are entitled to a reserved portion of the estate (Article 1825 of the Civil Code and Article 11 of Law 3719/2008).
The obligation to provide maintenance to blood relatives, excluding parents to children, and the obligation to provide maintenance to relatives by affinity (i.e. non-blood relatives), is governed by the law of the State of which the person requesting sustenance is a national.
This exemption also applies to enforcement proceedings or execution proceedings.
The same applies where the performance by the debtor relates to the payment of a sum of money, on the day when the contracting partner is informed of the decision of the liquidator not to continue the contract, as well as in the event of payment default.
All Family Law proceedings in Ireland are exempt from court fees.
Eligibility to be a witness does not depend on legal capacity.
This document clarifies every provision of the Directive and suggests possible ways of their implementation.
Claims secured by a pledge established in public documents, on pledged assets or rights that are in the possession of the creditor or of a third party.
Pursuant to Act No 150/2002, the Code of Administrative Procedure: Supreme Administrative Court of the Czech Republic As the supreme judicial authority in matters relating to the jurisdiction of the courts in the administrative judiciary, the Supreme Administrative Court ensures the consistency and legality of decisions by ruling on applications for review in cases laid down by the Act and by ruling on other cases laid down by this or a specific Act.
Victim support providers can also be contacted by telephone.
Sources of law I.
Legislative hierarchy 1.
The Finnish land register is owned and maintained by the National Land Survey.
In these cases, a person may be examined only if the examinee has been released from that obligation by the competent authority or by the person in whose interest that obligation exists.
2) Administrative acts where succession is accepted subject to an inventory In this particular case it is the beneficiary heir who is responsible for administering the assets of the estate and is accountable to creditors and legatees for his administration.
Contrary to citizenship, habitual residence can be chosen by the individual when of age.
An action is officially brought when the claim is issued by the Courts Service office.
Institutional framework Institutions responsible for adopting legislation The legislative power of the Czech Republic is vested in its Parliament, which comprises two chambers: the Chamber of Deputies (200 deputies) and the Senate (81 senators).
If you encounter, for example, an environmentally damaging activity or you are simply not provided with the procedural guarantees during a decision-making process (such as access to environmental information, environmental impact assessment or public participation), you may want to challenge this before a court of law or another independent body of law.
(2) The rate of the penalty statutory interest rate shall be the reference interest rate plus 4 percentage points.
As a rule, non-distrainable assets shall not be assets of the bankruptcy estate.
If, for example, someone demands payment for a debt, he or she must prove that he or she has a claim against the opposite party.
Languages accepted: French, Dutch, German or English.
Related links Ministry of Justice, Transparency and Human Rights Consumer Ombudsman Ministry of Labour and Social Security Hellenic Centre for Mediation and Arbitration
Marriage annulment means that the marriage has no effect.
In civil matters there are no general data protection provisions in Austrian law for the recording of examinations via videoconference.
The Ministry of Social Affairs is planning to develop the activities of family mediators and conciliators.
The Constitutional Court may declare laws and other legal acts or parts thereof null and void.
Where only one of the spouses acted in good faith, the marriage has effects for the benefit of that spouse and any children.
A claim may also be lodged orally, in which case the justice records it in a document that the claimant serves on the defendant with a summons to appear in court at an appointed hearing (Section 316 of the Code of Civil Procedure).
The fee for examination of the possibility of enforcing an enforcement instrument and the fee for the calculation of interest are levied by FINA for receiving enforcement instruments (the sum of claims which the debtor has to pay to the creditor in accordance with the court decision) and entering them in the Record.
It is framed by a constituent power and can be amended only by a special proceeding – more complex than that required to modify ordinary laws.
The party that has lodged the application and has acknowledged the hearing date and the party that has appeared at a hearing will not be subpoenaed throughout the proceedings before that court as it will be deemed that the party in question is aware of the subsequent hearing dates.
The appeal against the decision on the application for a declaration of enforceability shall be lodged with the court appearing in the list Court for appeal against a decision on recognition/enforceability.
A court decision on divorce/legal separation/marriage annulment issued in another Member State is recognised in the Republic of Lithuania under Council Regulation (EC) No 2201/2003.
More on the re-use of the information published in the official gazette.
The Office facilitates the initiation of proceedings relating to the claims laid down in Article 56 by sending them to the judicial authorities with jurisdiction in that area.
One of its key features is its ability to deal with cases promptly.
Under the Greek law of succession, the estate is acquired by the heir directly upon the death of the deceased, without intervention by a representative or administrator (Articles 983 and 1846 of the Civil Code).
Article 188: Determination of costs The amount of costs must be determined by the court or the body of pre-trial proceedings.
Exceeding the time limit for action against acts of the parties results in forfeiture of the right, whereas other kinds of consequences, such as the inadmissibility of the hearing, ensue in the case of preparatory time limits (see Article 271(1) of the CCP).
The report is submitted to the Standing Committee of the Commission for Equality and Against Racial Discrimination, which issues an advisory opinion.
On that basis a decision is made by the High Commissioner for Migration.
The Defender may conduct independent investigations, but may not act in the place of State administration authorities and may not annul or change their decisions.
These forms will indicate what elements must be included in the file.
In general, no other information is required.
Although they are not explicitly obliged to do so by law, Bulgarian courts usually endeavour to trace the address of a party by performing a search in the Commercial Register or the National Population Database.
The conditions for obtaining a divorce in Ireland are those set forth in Section 38 of the Family Law (Divorce) Act, 1996.
What can I ask for in the claim and how should I present it (indicate a total amount and/or specify the individual losses, lost profits and interests)?
Some of these forms (of continuing training) may be warranted, in particular, if the paying parent has significant means.
The expert’s fee for expert analysis is 10–40 times the minimum hourly rate.
This is regulated by the European Directive on legal aid in corss‑border disputes (OJ L 26, 31.1.2003).
The courts are only open on working days.
No Are the official announcements freely available as open data?
The appeal procedure is governed by Articles 301–333 of the Lithuanian Code of Civil Procedure.
Related links GENERAL COUNCIL OF THE JUDICIARY IN SPAIN ORGANIC LAW ON THE JUDICIARY
In certain civil cases a lower evidence requirement may apply.
Information is available in English.
6 Short description of the procedure to settle a succession under national law, including the winding-up of the estate and sharing out of the assets (this includes information whether the succession procedure is initiated by a court or other competent authority on its own motion) In accordance with the Civil Code, a successor must accept a succession in order to acquire it.
Not all judgments are placed on the internet, but only a selection with judicial relevance or in which there is significant (media) interest.
Claims for amounts over that limit must be filed under the ‘ordinary’ civil procedure in the form of preparatory pleadings.
Attachment can be lifted at the request of the attached party.
All of these agreements are submitted to the competent single-member court of first instance (Μονομελές Πρωτοδικείο), which ratifies the agreements and declares the dissolution of the marriage by the procedure followed in non-contentious cases.
In debt restructuring proceedings, the debtor submits a debt restructuring plan indicating the obligations to be restructured and the manner of restructuring requested by the debtor.
Furthermore, the insolvency practitioner may accept notification on the behalf of the debtor.
On the day of the test and on the date of the videoconference hearing, an IT technician, a telecommunications technician or a court official with appropriate knowledge should be present in each of the courts.
A spouse who took the other spouse’s surname on marrying and retained the pre-marriage surname as a second surname may notify the registry office that they will no longer be using the spouse’s surname, within three months following the final decision on the divorce.
The proposals for the two regulations contain rules to determine which Member State's courts should deal with issues concerning the property regimes of international couples (jurisdiction), which law should apply to these matters (applicable law) and how judgments and notarial documents on these matters delivered in one Member State should be recognised and enforced in another Member State.
Taking into account that an occasional trip to another country (e.g. a one-day excursion) does not entail intent to change the child’s permanent or temporary residence and is therefore not among the exhaustive list of significant individual rights of the child as referred to in Article 100 ObZ 2015, the provisions of Article 99(2) ObZ 2015 should therefore be applied appropriately.
The Union of Judges in Bulgaria succeeded the Union of Bulgarian Judges, founded in 1919 and active until 1945, as an informal professional organisation bringing together the community of judges and aiming to protect its professional interests as well as to discuss and find solutions to its problems.
Until then, the enforcement may not be stayed.
A creditor may request that a supervisor (granskningsman) be appointed to monitor the administration of the bankruptcy estate on the creditor’s behalf.
The activities conducted by the LBIO and the foreign institutions themselves in the context of the New York Convention and the Treaty with the United States are in principle free of charge.
Otherwise, an inventory of the estate must be ordered to calculate the reserved share.
Ordinary courts – introduction Supreme Court (Højesteret) The Supreme Court is the final court of appeal in Denmark and is situated in Copenhagen.
Immediate victims are entitled to reimbursement of medical expenses if a violent crime resulting in serious bodily injury or serious damage to health has been committed, and if – given all the other terms and conditions in the Act are met – it can be proven that this resulted in medical expenses which the victim had to pay themselves.
Once an arrangement with creditors is closed, an insolvent is released from all his or her debts.
The court will send the respondent’s statement to the claimant without delay.
In other cases, an applicant may seek public legal aid.
The only exceptions are military jurisdiction in times of war and states of siege, and the Constitutional Court (Tribunal Constitucional) as the ultimate guarantor of fundamental rights and public freedoms through an application for enforcement of fundamental rights and freedoms (recurso de amparo).
A complaint can be filed in any of the following ways: Online: by accessing the electronic register available on the website in the section ‘Presenta tu queja’ (‘lodge your complaint’).
Are you about to use the European Payment Order procedure?
The court conducting the proceedings decides what type of evidence will be taken, and how, in order to establish a certain fact.
The debtor’s assets on which, pursuant to the law, no claim for payment may be made are not included in the bankruptcy estate.
Family Law – Divorce/Dissolution of Civil Partnership In Scotland, applications for divorce/dissolution of civil partnership can be raised in the Sheriff Court or Court of Session via: A simplified procedure (this cannot be used where there are children of the marriage/partnership under the age of 16 years); A non-simplified procedure.
Legal separation and divorce are governed by the national legislation common to both spouses at the time the application for separation or divorce is made.
When the court decides which persons are entitled to the estate, it declares them to be heirs under a decision on inheritance (Article 214(1) of the ZD).
In particular, according to Spanish legislation victims of gender-based violence have the right to receive free legal advice immediately before lodging the complaint, and to free defence and representation by a lawyer and court representative in all the administrative processes and proceedings resulting directly or indirectly from the violence suffered.
When it comes to establishing a physical person’s address, only the receiving authority has access to records pertaining to a person’s address as long as the transmitting agency provides the identification number.
Professional liability of judges The state is liable for any damage, injury, or loss arising from a wrongful ruling, remand decision, sentence, or protective measure, or from a procedural irregularity.
However, Hungarian courts may request address details free of charge from the KEKKH, and therefore meeting such a request for legal assistance is not excluded in practice.
DEBT RESTRUCTURING A debt restructuring essentially covers all money claims against the debtor that arose before the date on which the initiating decision was announced.
While the ZPP proceeds from the assumption that the contents of a public document are true, it is admissible to prove that facts have been inaccurately recorded in a public document or that a public document has been incorrectly drawn up (fourth paragraph of Article 224 of the ZPP).
Where an event for which liability for compensation arises occurred on a vessel at open sea or on an aeroplane, the applicable law is presumed to be the law of the State in which the vessel or the aeroplane is registered.
A judicial clerk has the authority to perform all the same acts and make the same judgments as an assistant judge or other court official pursuant to the Act governing the court procedure.
The law specifies which documents must be served or notified.
However, they are too numerous to be listed in full.
Where to lodge my application Application for divorce or legal separation These applications take the form of a request submitted by a lawyer to the clerk of the regional court (‘Tribunal de grande instance’).
The local or special laws contain various rules laying down specific provisions relating to legitimate portions.
Initiation of succession proceedings by a Czech court A court initiates succession proceedings on its own motion as soon as it learns of the death of the deceased.
The claims of lower priority creditors are lodged only at the special invitation of the court.
The duty of support means that one spouse may be required to pay a maintenance allowance to the other if they should need it.
Exclusive jurisdiction in non-adversarial cases means that, instead of the ordinary court, the following court shall have jurisdiction: Territorial jurisdiction in proceedings concerning the divorce of a married couple will be had by the court in whose district the couple had their last joint address of residence, provided that at least one of them is still resident in that district.
Each Member State shall designate at least one central authority to assist with the application of the Regulation.
As a rule, he/she is a relative, but may also be another person from whom an authority for the social and legal protection of children has arranged foster care (for this purpose a regional court maintains evidence of applicants suitable to become foster parents).
The Civil Procedure Law specifies categories of property against which recovery may not be directed, e.g. certain home appliances, household equipment, or the necessary clothing of the debtor and family members who are his or her dependants.
Interim injunctions issued in proceedings on the merits also end if the principal action is prematurely ended.
Where an item of property was acquired by one of the spouses during the marriage, the other spouse has a claim to a share in it.
1.6 Statement of opposition The defendant may issue an objection against the claimant’s claim.
If there are several appellants, their time limits are calculated individually.
To qualify as a sworn translator or interpreter it is necessary to pass the examination organised by the Ministry of Foreign Affairs.
If an action concerns a court judgment, no action may be brought after a period of fifteen (15) years has elapsed from the date of issuance of the final judgment.
If family members need outside help in settling disputes, they may seek help from family mediators made available by municipal social welfare boards.
They offer legal assistance and prepare legal opinions.
They were adopted by the Committee of Ministers of the Council of Europe on 17 November 2010.
3.8 Real property In the law of property there are written conflict‑of‑law rules only for certain cases concerning ships and aircraft, financial instruments and unlawfully removed cultural objects, and for certain situations regulated in the Nordic Insolvency Convention and the Insolvency Regulation.
Regulation (EU) No 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, known as the ‘recast Brussels I regulation’, repealed Regulation (EC) No 44/2001.
The copy includes the annexes to the application.
As of which date were the official announcements available in electronic format?
1 July 2003.
In such cases, the service must be recorded in a report.
16 Is it possible to initiate enforcement proceedings via the internet?
The Federal President then receives the act for signing into law.
He or she examines whether the act has been adopted in accordance with the Constitution and is free of evident material contraventions of the Basic Law.
If condition c) is not met, the request is admitted if recourse to enforcement measures appears to have been unsuccessful or if the debtor resides abroad.
An execution method imposing an obligation other than the payment of a financial amount depends on the nature of the imposed obligation.
If the Constitutional Court establishes that the law examined is contrary to the Fundamental Law, the law cannot be promulgated.
The costs of execution are subject to a tariff, which fixes the remuneration payable to bailiffs for each act of enforcement and precautionary measure.
On the other hand, if the court does not find against the defendants and those civilly liable and the party claiming damages loses, the latter may or must be ordered to pay all or part of the costs of proceedings to the State and to the defendant, as well as a case preparation allowance.
Annex II - The courts or competent authorities to which the application referred to in Article 39 may be submitted - in the Czech Republic, the district courts (okresní soudy).
Where there are more than three heirs, the spouse inherits in equal shares with the other heirs.
A claimant who decides to use the ePodatelna portal or a data box can refer to the instructions and user manual on the relevant webpages for information.
The court issues a decision on the allocation of the immovable property which is served the parties served with the order for sale and all auction participants.
For more on data boxes, see the response to question no.
The liaison magistrate's task is to advise court officials on European Union civil and commercial law and share with the network his/her experience concerning the application of diverse legislation.
The trustee is required to object to a claim or a right of security at the meeting for the defence of claims if there are grounds for objecting.
The person receiving the order must, for the purpose of remedying damage, continue with their activities after the opening of bankruptcy proceedings until the liquidator assumes the activities.
If, in exercising joint parental responsibility, parents fail to reach an agreement on a matter significant for the child – which could also include removing the child to another state if this is necessary – the court may grant one parent the right to decide in this matter.
The receipt from the post office and the registration or certification by the express courier service, the specialised communication service, the military unit or the administration office where the interested party is detained, where appropriate, on the document submitted, stand as proof for the date when that interested party started the act.
In response to a petition a court may postpone the enforcement of a decision from another country if it is contested in the country in which it was issued, until such time as a decision is taken on the appeal.
1.5 Rules concerning the taking of evidence The ordinary rules of evidence apply.
If succession takes place under a disposition of property, this must be submitted to a certified notary who will read it and deem it to have entered into force in accordance with legislation.
Membership of the association is voluntary.
The Court shall consider the request in accordance with Chapter 24 of the Code of Civil Procedure - ‘Revocation of Legally Effective Decisions’.
Content used from the Republic of Estonia pages of the European e-Justice Portal must be reproduced accurately and not used in a misleading context.
© Ireland (2018) The material featured on this site produced by Ireland is subject to Government of Ireland copyright, according to the Copyright and Related Rights Acts 2000.
Slovakia” According to the Code of Civil Adversarial Procedure, the ordinary court of the party against whom the claim is directed (the defendant) has jurisdiction to hear the case, unless otherwise provided.
Claims can be filed online via the closed system of the Austrian e-Justice (ERV) platform, for which it is necessary to register (this is only financially viable for those filing large numbers of claims before the Austrian courts).
The consumer has the right to withdraw, without giving a reason, for 14 days from signature or receipt of the contract.
Each organisation appoints a registrar (a land registry officer who is expert in property rights and land registration) as its contact point for the network.
The curator requires judicial authorisation to dispose of or encumber fixed assets, precious objects, valuables, commercial establishments and any other assets the disposal or encumbrance of which is not an administrative act.
He or she is entitled to exercise all rights necessary to perform his or her tasks, including the right to defend the validity of the will in court and to plead the incompetence of an heir or legatee, and to ensure that all of the testator's instructions are executed.
The IPREM is an index that is fixed annually and used to determine the amount of certain benefits or the threshold for accessing certain benefits, entitlements or public services.
Mediation is the settlement of a dispute with the help of a neutral third party, who cannot deliver a binding decision.
Country: Please selectBelgium Bulgaria Czech Republic Denmark Germany Estonia Ireland Greece Spain France Croatia Italy Cyprus Latvia Lithuania Luxembourg Hungary Malta Netherlands Austria Poland Portugal Romania Slovenia Slovakia Finland Sweden United Kingdom Instrument: Taking evidence
Local courts have jurisdiction to adjudicate in disputes on property claims when the value of the item in question does not exceed EUR 20 000.
Its role is to monitor and oversee the processing of personal data in full compliance with human rights and the freedoms and guarantees enshrined in the Constitution and the law.
If the Ombudsman’s Office finds that a child has been exposed to physical or mental violence, sexual harassment, abuse or exploitation, negligence or negligent treatment, it must immediately send a report to the competent state prosecutor's office and alert the competent social care centre proposing measures to protect the child's rights and interests.
On the basis of this document, the enforcement agent requests that all competent authorities keeping a register delete any encumbrances and/or prohibitions on the sale of the property, and register the new owner in cases where an ownership rights are recorded in the register.
When VAT must be added to the price (e.g. if an attorney’s services are subject to VAT), the regulations usually state it.
The ordinary courts usually deal with disputes in civil matters (i.e. disputes between citizens and/or businesses) and/or criminal matters.
The only requirement is to observe a minimum length of time after the celebration of the marriage before bringing divorce proceedings (except in certain cases).
In the framework of European e-Justice, the Member States of the EU have agreed to work together to promote the use of videoconferencing and to exchange experience and best practices.
Debt restructuring applications are handled by the Enforcement Authority at first instance.
The professional in charge of the sale determines the accepted means of payment.
How can I find translators/interpreters?
Summaries and overviews of Supreme Court rulings and all judgments passed by the European Court of Human Rights (ECHR) are also published.
Slovenian legislation allows parties in a specific case to agree upon the jurisdiction of a first instance court (agreement on territorial jurisdiction).
The main purpose of security proceedings is to ensure that the entitled entity (most frequently the creditor) is protected against the potential adverse effects of delay in cases pending before the court and to improve the entitled entity’s situation in enforcement proceedings if the subject of court proceedings and security is an enforceable claim.
Complaints regarding education/science bodies/services are analysed directly by the IGEC after hearing the parties involved.
(d) - Central Authorities Ministry of Justice Directorate for International Law and Judicial Cooperation str.
Securing by preliminary measures may be ordered to secure pecuniary claims based on a decision of a court or administrative body that has not yet become legally effective, based on a settlement made before a court or administrative body, if the claim determined therein has not yet matured, or based on a notarial decision or notarial document, if the claim determined therein has not yet matured.
The deadline for payment will be at least ten days and will not exceed 30 days from the date of service of the order.
The amount payable is proportional to the need of the person claiming maintenance and the financial circumstances of whoever has to pay it.
Sealed will: executed by the testator and submitted in a sealed envelope to a notary in the presence of three witnesses or in the presence of two notaries and one witness.
Court fees and expenses are not imposed on natural persons who are recognised by the court as not having sufficient means.
The main charges are an execution fee (Vollzugsgebühr) that the applicant creditor has to pay when the application for execution is submitted, along with a flat-rate fee (Pauschalgebühr) laid down in the Court Fees Act (Gerichtsgebührengesetz — GGG).
The registrar enters the statement of objection in the court registry, issues a receipt, and brings the objection to the attention of the claimant.
Prior information to be provided by legal representatives Rights and obligations of the parties There is no obligation imposed on legal representatives to supply prior information.
Time limits calculated in months or years terminate at the end of the day of the last month or year bearing the same number as the day on which the time limit began to run.
It is a flexible standard and the courts will generally require more proof in certain cases, such as cases involving a claim of fraud, because of the seriousness of the allegation.
The emergency assistance is limited to €30 000.
In exceptional circumstances, on grounds deserving special attention, the court will decide not to award the legal costs.
In principle, long-term execution can be mandated for a maximum of 30 years, starting from the actual date of inheritance.
The provisions of the Act on international private and procedural law apply only in the absence of an international agreement or if an existing international agreement does not contain conflict-of-law criteria for determining the applicable law.
As regards enforceability, Article 9 of the Business Register Regulation lays down that: '1.
They are regularly updated, subject to evolving interpretation of case-law.
In this case, the liquidation takes place later.
A judge’s retirement pension may be paid to anyone who has been employed as a judge for at least fifteen years and who has reached pensionable age.
b) overriding mandatory rules Sometimes, situations with an international dimension are governed by special legis fori rules, predominantly referred to as overriding mandatory rules.
3 - Where registration is requested by an interested party that does not hold the registration certificate, the registrar must notify the holder of that certificate, pursuant to paragraph 2 of the preceding article, without prejudice to registration.
Various international arrangements in place (such as the EU Maintenance Regulation, the Hague Convention of 2007, bilateral agreements, etc.,) mean that functions of the Ministry of Justice, as the central authority, also extend, for example, to assistance in discovering the whereabouts of a debtor or creditor, the acquisition of information regarding the income of a debtor or creditor, and assistance in establishing parentage, if required in the recovery of maintenance.
The liquidator compiles a list of individual assets from the bankruptcy estate.
Travel for holidays: To oppose the child's removal abroad by one of the parents, the other may lodge an objection to the prefectures with regard to the departure from the territory, valid for 15 days, and/or apply to the family court for a prohibition against removing the child from the country without the authorization of both parents (Article 373(2)(6) of the Civil Code), valid until the child reaches the age of majority or a new decision is made.
Within the scope of the investigation, steps may still be taken with the entities concerned with a view to collecting information and evidence that will enable a judgment to be made on whether to carry out an inspection.
If the appeal is quashed, the decisions of the court of appeal concerning the questions of law that have been resolved are binding on the court that examined the merits of the case.
‘Legal acts of fundamental relevance’ are taken to mean acts significantly changing the value of the estate, the creditors’ standing, or the level of creditor satisfaction.
Prosecutors at each prosecutor's office report to the head of that office, who in turn reports to the head of the hierarchically superior prosecutor's office.
When the law requires judgment by a five-member panel, the panel comprises a professional judge as chair of the panel, another professional judge, and three lay judges as members of the panel, unless otherwise specified by law.
This opportunity is conditional upon the other guardian being prevented by absence, illness or another reason from being involved in making any decisions that may not without difficulty be postponed.
Mediation is an extrajudicial (amicable) method of dispute resolution, with the participation of an independent and qualified person or institution (a mediator).
The legal rules contained in international treaties do not apply directly in Spain until they have become part of the internal rule of law by being published in full in the Official State Gazette.
The testator may entrust a private will for safekeeping to a notary or a consular official of the Republic of Lithuania in a foreign country.
This is a situation that must be proven before the court.
This is, however, a rare phenomenon in Finnish case-law.
That interest rate is applied unless the parties to the transaction have agreed otherwise (contractual interest).
In addition to this, both parties will be given an opportunity to give oral evidence and may be cross-examined.
Functions of the Contact Points Contact points are "active intermediaries" with the task of facilitating judicial cooperation between Member States, particularly in order to combat different forms of serious crime.
No application for divorce can be made until at least one year after the date of the marriage, although an application for annulment can be made at any time after the marriage.
In any case, the consent of the other parent is necessary if the parent removing the child either (a) has not been awarded custody or (b) has been awarded custody, but the child is not mostly looked after in his or her household.
The Commissioner consults the interested parties who may be directly affected by the investigation.
In the European order for payment procedure, the defendant may either pay the amount claimed or challenge the claim within 30 days, by filing a statement of opposition at the court that issued the European order for payment; to file a statement of opposition, he uses Form F set out in Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006.
Cases of petty infractions are heard by one judge, and more serious offences are heard by a panel of one judge and three lay members.
The court may also order provisional enforcement of only part of the order, i.e. up to the amount not contested by the debtor.
Yes, there are such rules.
The removal of the power of disposal applies only in favour of the attaching creditor: the debtor remains the owner of the assets and retains the right to make use of them and to draw profit from them.
Joint administration of the estate requires unanimity except in certain special cases.
The witness who does not belong to any faith takes the following oath: "I swear on my honour and conscience that I shall tell the truth and that I shall not conceal anything from what I know."
Α Tax Register (Φορολογικό Μητρώο), in which every person’s immovable property was recorded by geographical area, together with the total value of the property for land tax purposes.
Article 25 1 (h) Review of the judgment procedure and courts competent to conduct such a review The procedure for applying for a review of a court judgment corresponds to the procedure to set aside a default judgment (Section 415 of the Code of Civil Procedure).
At a meeting for the defence of claims, claims are heard in the order in which they were lodged.
Articles 8(3) and 9(2) – Particular periods set by national law for serving documents For the purposes of Articles 8(3) and 9(2) of the Regulation, Article 323 of the Portuguese Civil Code lays down that the limitation period is suspended five days after service was requested in cases where it was not possible to serve the documents for reasons not attributable to the applicant.
The parties and the mediator may agree on a different method of remuneration.
5.1 in matters of succession?
Decision - making process Enactment and entry into force of legal rules In order for legislation to be enacted, it must be presented to Parliament for consideration as a government proposal or as an initiative by a Member of Parliament.
Issues concerning the budget, taxes, the State’s financial obligations, the ratification or denunciation of international agreements, the declaration or lifting of a state of emergency and national defence may not be put to a referendum.
The question of the law applicable to child maintenance is governed by the 2007 Hague Protocol on the Law Applicable to Maintenance Obligations.
Time limits for bringing court actions vary according to the case.
This ensures that the person is represented in the proceedings by someone with appropriate legal expertise and that the person has access to justice by way of covering procedural costs.
The mediator may participate in drafting the settlement and make recommendations as to its contents.
The form or forms to be completed and the documents and information to be attached by the maintenance creditor are found on instructions that can be obtained from the Directorate-General of Justice Administration.
Further proceedings Curia Other courts Is information available as to appeals?
Unlike the Companies Act, the Commercial Code does not specify a time limit such as in article 303 of Chapter 386 of the Laws of Malta.
These relate in particular to asylum law and on environmental law.
As Hungarian citizenship is a fundamental requirement for judges, prosecutors, court clerks, bailiffs and notaries, foreign citizens may not be appointed to hold these offices in Hungary.
During such meeting/s the special controller is required to appoint a joint creditors and members committee to render such advice and assistance as the special controller may require in the management of the affairs, business and property of the company and its recovery as a viable going concern.
The set-off right does not apply to a claim that does not entitle the creditor to a payment out of the bankruptcy estate, nor any claim that is junior to other claims.
Actions arising from a commercial agency contract must be brought within four years of the end of the calendar year in which the claim arose.
The victim may also choose to bring an action to seek compensation from the offender in a lawsuit before the competent court.
Contact with a child/Visiting the child (minor) Between RON 50 (approximately EUR 12.5) and RON 500 (EUR 125).
The court with territorial jurisdiction for the enforcement of a decision on the return of a minor abroad in the event of wrongful removal or retention is the court of first instance.
Any judgment of any lower court may be appealed on a point of law only (kasācija) to the Senate of the Supreme Court.
Access is free but the information that can be searched is limited.
The ZD recognises the following forms for wills: a holographic will, a will signed in the presence of witnesses, a court will, an oral will, a will compiled abroad, a will compiled on board a Slovenian vessel, a will compiled during a state of emergency or war, and an international will.
The transmitting agency for the service of extrajudicial documents abroad is the district court (rayonen sad) with jurisdiction over the current or permanent address, or registered office, of the person or entity requesting service; and for documents certified by a notary, it is the district court (rayonen sad) with jurisdiction over the district in which the notary practises.
There are also measures that can be taken pending the issue of an enforceable document.
A reorganisation plan can be submitted to the insolvency court by the debtor and the administrator.
For contracts related to real estate, the law of the State in which the real estate is situated always applies.
However, in instances where the Attorney General refers a case to the Court of Appeal, the court has the power to increase a sentence if it considers it unduly lenient.
If the obligation was performed to the benefit of the debtor, the obligation is deemed to have been performed only if the assets transferred to perform the obligation are retained in the bankruptcy estate or the bankruptcy estate has increased as a result of the transfer.
ENFORCEMENT FOR NON-MONETARY CLAIMS The delivering and supplying movables process is conducted by an enforcement agent taking the object from the debtor and giving it to the creditor against a receipt.
The contact point works with others, and other Departments when providing different sources of information for EJN Member States and the EJN network.
The testator's great-grandparents are in the fourth order of succession.
Two conditions must be met if you wish to take the coercive measures provided for under enforcement law: you must be in possession of an enforceable document (executoriale titel), such as an enforceable judgment, and this must have been served in advance on the party against whom enforcement action will be taken.
However, there are a number of exceptions to this principle, especially for civil liability actions arising from an event resulting in bodily injury, for which the period of prescription is fixed at 10 years from the date when the initial or aggravated injury is considered to be consolidated, or for actions involving real property rights, which lapse after 30 years.
With the exception of proceedings before the Court of Cassation (Hof van Cassatie) (Sections 478 and 1080 of the Judicial Code), parties can therefore appear in person before the ordinary courts and submit their statement and defence themselves.
The choice of the child's residence may be one such decision, to be taken jointly if one of the parents holds exclusive parental authority.
In accordance with the provisions of the Act of 20 August 1997 on the National Court Register (Journal of Laws 2013, item 1203): Article 12.
The declaration may also be presented to a court.
The website of the Order of Lawyers at the Council of State and the Court of Cassation provides more details.
Official government announcements relating to the procedure for classifying culturally valuable immovable property, and the system for protected areas and the detailed safeguard plan, pursuant to Decree-Law No 309/2009).
For the transfer of title to immovable property or rights in immovable property, a separate notarial deed is necessary.
As a general rule, claims included in court decisions (bírósági határozat) made in civil cases are executed by independent court bailiffs.
In the absence of an inventory, the succession will be deemed to have been accepted unconditionally (Article 790 of the Civil Code).
You have the right to legal aid if your yearly income and income per family unit do not exceed: Twice the Public Multiple Purpose Income Indicator (Indicador Público de Renta de Efectos Múltiples – IPREM) in force at the time of making the request, where the persons in question are not a part of any family unit.
Where the decision is rescinded (in whole or in part), the court itself will deliberate on the rescinded part of the decision.
The National Union of Notaries Public is the professional body representing the notaries public, and is responsible for organising the profession of notary public, and defending the professional interests of its members and the standing of this profession.
Given that a natural person, unlike a legal person, does not cease to exist at the end of bankruptcy proceedings, claims of creditors that were not paid in bankruptcy proceedings do not terminate.
Where legal representation before the District Courts is not compulsory, anyone can file a written claim or application initiating proceedings with the court.
If the creditor wishes to recover the claim from an entrepreneur, he usually chooses enforcement on movable goods and submission of a list of assets.
A court may also rectify errors in the certificate referred to in Article 5 of Regulation (EU) No 606/2013 of the European Parliament and of the Council at its own initiative.
The use of videoconferencing entails transmission costs.
This is an independent administrative authority.
Summary offences involve a maximum penalty of six months imprisonment and/or a fine of up to £5,000.
Where the case is decided in favour of a person who is exempt from state fees or expenses for proceedings, the sued person must pay all the due fees and expenses.
Between Denmark and certain Member States the European Agreement on the Transmission of Applications for Legal Aid of 1977 applies.
Links Ministry of Justice (Justitiedepartementet) Swedish National Courts Administration (Domstolsverket) Swedish National Tax Board (Riksskatteverket)
In addition, the autonomous Province of Trento and Bolzano maintains its own register.
This provides mainly cadastral (property) information.
The parties can also assign jurisdiction to more than one court.
The creditors who are not committee members are also consulted individually.
As a general rule, the authority to enforce a court judgment becomes prescribed 20 years from the day following that on which the judgment was handed down.
It is mandatory to record the facts cited above, with the exception of those listed in Article 8‑A of the Land Registry Code.
The Supreme Court also rules on the constitutionality of laws in connection with which the President of the Republic (Πρόεδρος της Δημοκρατίας) exercises his constitutional right of recourse.
The judge who conducts the hearing decides when the videoconference comes to an end.
This initial advice is given by law professionals and is totally free of charge, whatever your income.
A creditor who in the event of bankruptcy would have been entitled to payment after the other creditors loses his or her entitlement to payment from the debtor, unless all creditors who were entitled to participate in the composition negotiations are satisfied in full by the composition.
The aim of debt restructuring proceedings is to facilitate the restructuring of the debts of a natural person having solvency problems (debtor), in order to overcome the solvency problems and avoid bankruptcy proceedings.
Afterwards, these government or private member’s bills are submitted for the different opinions of the bodies concerned (professional chambers), and most importantly, for the opinion of the Council of State.
The sole ground for legal separation is the irretrievable breakdown of the marriage.
An order for maintenance of a dependent child requires either of the parents concerned to make to the other parent, or to another person who has care and custody of the child, such periodic payments or lump sum payments as may be specified in the order for the support of the child.
This includes security liabilities and debts which are conditional, contentious or otherwise indefinite as to their amount or basis, as well as the interest on such debts accruing between the start of the debt adjustment and confirmation of the payment schedule, and the collection and enforcement expenses on such debts, where ordered payable by the debtor.
Article 10 – Certificate of service and copy of the document served Croatia will accept certificates of service in Croatian.
A review is only allowed in securing proceedings, if the judgment reached in the second instance depends on the solution of a substantive or procedural matter important for ensuring uniform application of the law and the equality of all parties in its application, in accordance with the rules of litigation.
The Law on State-Guaranteed Legal Aid (Lietuvos Respublikos valstybės garantuojamos teisinės pagalbos įstatymas) guarantees the provision of primary and secondary legal aid in accordance with the arrangements laid down.
If the deceased person has descendants as legal heirs, the general rules of intestate succession apply.
da) Assets belonging to the lineal property (Section 7:67 of the Civil Code) Lineal property constitutes a sub-estate within the estate of the deceased person.
In the case of judgments from other EU jurisdictions, the competent court is the High Court.
The PPS is designated as a non-ministerial government department.
To mention only a few: the United Nations, Uncitral, the Hague Conference on Private International Law, Unidroit, the Council of Europe, the European Union and the European Community, the International Commission on Civil Status, the International Maritime Organisation (IMO), IATA (Air Transport), the Benelux Union, etc.
If, for example, the debtor were to sell the asset, the purchaser cannot, in principle, assert to the creditor that he is now the owner.
On the other hand, essential information on companies such as the correct company name, the company registration number and its registered offices, can be checked by anyone, free of charge, through an online system under the Registry of Companies within the Malta Financial Services Authority.
In addition, there are many conventions concluded within the framework of international institutions such as the United Nations or the Council of Europe (multilateral conventions) or between Belgium and another state (bilateral conventions).
BUSINESS REORGANISATION There is no distribution in the event of business reorganisation, unless there is a public composition with creditors.
Most of the larger bars have their own websites, which are free and accessible to all; their addresses appear in the bar associations directory available on the CNB website.
It has been drafted in the knowledge that differences will arise when its principles are applied in the context of different legal systems, social support structures and life situations.
Decrees are issued by the Government (Vlada), whereas rules are issued by individual ministers of the government.
Short explanation of the procedure following the filling of request The Commissioner may carry out an investigation for any purpose connected with the execution of the Commissioner's duties either on a written complaint made to the Commissioner by any person or on the Commissioner's own motion.
In order to engage the services of the LBIO, the application form ‘collection of international maintenance allowance’ must be submitted.
Before a decision in matters of parental responsibility issued in a different Member State can be enforced in the Czech Republic, it must be declared enforceable according to a special procedure in accordance with Regulation No 2201/2003 indicated above.
If a claim lacks a particular detail, the court will make a ruling asking the party to correct or supplement its claim within a period which must not be less than 10 days.
Czech Republic:The courts, the Public Prosecutor's Office and the Ministry of Justice are responsible for training judicial assistants(148 Kb), higher court clerks(147 Kb) and judicial trainees(147 Kb).
All civil cases are heard by district courts as first instance courts, except for cases that are heard by regional courts or Vilnius Regional Court.
Example: The testator is survived by her husband (with whom she lived under the property regime of community of accrued gains) [whereby each spouse retains ownership of his or her own property but the increase in the combined net worth of the spouses during the marriage is distributed equally] and a daughter.
Nevertheless, in the absence of an agreement, the matter of fault remains decisive for a ruling on matters concerning the exercise of parental rights, access to and maintenance of the children born of the marriage, and use of the family home.
International agreements take priority over other legislation to the extent that an international agreement takes precedence over national law if the two differ on a given point.
The Mediation in Civil and Commercial Matters Act (Zakon o mediaciji v civilnih in gospodarskih zadevah), which entered into force in June 2008, regulates mediation in disputes involving civil-law, commercial, labour-related, family and other property-law relationships in relation to claims which parties may freely assert and settle, unless a separate law provides otherwise for any of these types of dispute.
Article 17 – Central body or competent authority(ies) responsible for decisions on requests for direct taking of evidence The tasks of the central body are performed by an authority designated by the Land government in each Land.
Example: The legal representative of a ten-year-old child brings a claim for the minimum level of maintenance (currently €364 per month): the value of the claim is €4 368.
The courts involved should, however, cooperate in a constructive manner (here as in other areas).
An application must be signed with a certified electronic signature of the claimant based on a certified certificate issued by a certified provider.
(provisions of Section 174aof Act No 99/1963, Code of Civil Procedure).
The court is also responsible for ex officio knowledge whenever it has to decide based on customary, local or foreign law and none of the parties has invoked it, or the opposing party has acknowledged its existence and content or has not lodged any opposition.
Challenges are processed in an incidental insolvency proceeding involving the debtor and the rest of the creditors that are party to the agreement, and a non-appealable judgment is given.
An employer may submit an application to have a strike or a strike notice declared illegal, on the grounds set out in the Law on Strikes and in accordance with the procedure laid down there: the application to have the strike or strike notice declared illegal is to be submitted to the court of the place where the strike is to take place (Section 390 of the Law on Civil Procedure).
Where the application for a declaration on enforceability was lodged with a court bailiff, the appeal against the bailiff's decision is to be decided upon by the regional court in the district of which the court with responsibility for enforcement is located.
The type of proceedings that can be requested of the Directorate-General of Justice Administration are covered in the reply to the question: “Em caso afirmativo, como posso contactar essa autoridade ou organização privada e que tipo de ajuda posso obter?” 14.2 If so, how can that authority or private organisation be contacted?
It should be noted that the start of mediation suspends the limitation period of a claim.
There are also rules on competing jurisdiction in various international agreements, such as the Brussels I Regulation and the Brussels and Lugano Conventions.
If the heir is of Spanish nationality or, if not, must receive his or her inheritance in Spain, a declaration of acceptance or renunciation of an inheritance and, in addition, a declaration of acceptance under benefit of inventory, may be made before a Spanish Consul or diplomatic official with consular functions.
The members are regularly invited to communicate information on new legislation as widely as possible or to distribute questionnaires to their colleagues.
A user can view the consolidated version of a legal document with its highlighted amendments.
Occasionally, the websites of Ministries of Justice or higher regional courts will have a link to official or semi-official registers of qualified translators/interpreters.
Information on mediation may be found on the following websites: EJN Civil Justice mediation (EIH Polgári igazságszolgáltatás - közvetítés) Hungarian Register of Mediators (Közvetítők magyarországi adatbázisa) Central Office of Justice of Hungary (Központi Igazságügyi Hivatal) Where can I find additional information on costs?
Likewise, it may be served on the recipient’s employer or another person for whom the recipient provides services under a contract.
However, only the City of Zagreb (Grad Zagreb) has a municipal civil court (Općinski građanski sud) and a municipal labour court (Općinski radni sud) as specialised courts for these matters, while elsewhere municipal courts (Općinski sudovi) generally have jurisdiction.
The court may become aware of foreign law through its own study, through a statement from the Ministry of Justice at the court’s request or by means of an expert opinion, or through a request in accordance with international treaties.
Depending on the size and structure of the court, the court clerk may be given management responsibilities as head or deputy head of the court register or as head of a department.
Should it find that it does not have territorial jurisdiction in a specific case, it may declare that it does not have jurisdiction and cede the case to another court; although it may only do so if the opposing party draws their attention to the lack of jurisdiction, it is obliged to do so if another court has exclusive territorial jurisdiction to adjudicate.
As a victim of crime, you have two channels of compensation: you can claim compensation from the offender during the criminal proceedings or you can claim compensation from the state (from the compensation authority or any other relevant body in the country).
Law No 3/2004 (Framework Law on Public Institutes).
Polish law shall apply where there are no circumstances enabling the applicable law to be determined.
An approved payment schedule may be amended on the request of the creditor, or it may be ordered to lapse under certain grounds.
Annex III - The courts with which appeals referred to in Article 43(2) may be lodged - in Austria, the Bezirksgericht.
The contact points are employees at the Ministry of Justice of the Republic of Slovenia.
The European Union has taken steps to guarantee a minimum set of rights and certain standards along which Member States should align their laws.
Section 1338 of the Belgian Judicial Code stipulates that only claims relating to the payment of an established debt of an amount of money not exceeding €1 860 are eligible for this procedure.
The same applies to written agreements on the place of performance of a contract, if the claimant wishes to rely on that place of jurisdiction, and other particular facts relevant to jurisdiction or special procedures (for example, the procedure for enforcing payment of a bill of exchange).
The signed judicial record, i.e. notarial document or a private document legalised as to content, also has the authority of a court settlement against the person who has granted his agreement that a lien be created on his object or right, and on the basis of these documents, in order to collect the secured claim, directly propose enforcement against the person from on the item on which a lien was obtained for the purpose of securing a claim.
Projects ELI projects cover all branches of the law: substantive and procedural; private and public.
The debtor is also informed of the injunction.
Article 50(1)(d) – Courts with which an appeal against refusal to issue the European Account Preservation Order may be lodged An appeal against a decision of a district court may be lodged with the Supreme Court.
Preparatory legislative work and court decisions are also sources of law.
Liquidation proceedings are proceedings the purpose of which is for creditors to obtain satisfaction according to specific rules when an insolvent debtor is dissolved without a legal successor – in the course of a proceeding aimed at distributing the total assets of the insolvent estate of the debtor among the creditors.
In order for the court to evaluate clearly which evidence to take, the parties are obliged to propose specific evidence, i.e. to specify witnesses by name and other identification information, and to state the claims in respect of which the proposed witness will testify; the parties are also obliged to specify documentary evidence or state the scope of an issue that an expert is to address in an expert opinion.
Where there are doubts as to the identity of the person to be examined the court is required to verify this at any stage of the proceedings.
Subject to a number of conditions being met (for example, if you are the victim of a violent crime and the damage cannot be made good by the perpetrator or by an insurer), you may be eligible for compensation from the State.
However, the place of residence of the child cannot be changed.
How to search for a legal translator There is no special way of searching for translators.
On an exceptional basis evidence can be given at an earlier stage.
Evidence can be the testimony of people, expert evidence or evidence obtained through judicial examination.
For early presentation of such proof to be made, there must be a well-founded fear that it may be impossible or very difficult to collect testimony from certain people during the actual court case or to verify certain facts by expertise or inspection.
Reorganisation may be used to deal with the insolvency or impending insolvency of debtors who are business entities.
It involves reorganising the business.
As a general rule, a contract for the sale of property of the debtor in bankruptcy may be concluded on the basis of a public auction or a binding call for offers.
The district judge may extend the deadline by up to three months.
In the case of minor children, the claim may be brought by their legal representatives, i.e. their parents or guardians.
The themes range from agriculture to transport, presenting comprehensive and up-to-date coverage of EU legislation.
If a testator's will or agreement as to succession was not made regarding all of his or her property, succession for the part not covered occurs in accordance with the law.
You cannot address a request from abroad directly to the Centre.
Evidence can be documentary.
There is no judicial remedy available against a notarial document or a private document legalised as to content, however, a debtor may bring his objections against notarial securing in a special litigation in which he shall challenge the agreements.
Article 15 – Direct service Service of judicial documents directly through the judicial officers, officials or other competent persons of the Member State addressed is not permitted under Austrian law.
1.3 Forms The proceedings before the sub-district court are usually initiated by a summons.
BAILII has recently collaborated with ICLR and now provides links to the ICLR summaries of judgments (where one exits) with an option to purchase the authorised case report from ICLR in PDF format.
The court may refrain from subsequent distribution and transfer the amount available for distribution to creditors or transfer the object that has been found to the individual debtor if it deems it appropriate in view of the insignificant amount involved or the small value of the object and the costs of continuing the proceedings for subsequent distribution.
Pursuant to Article 142 ZPP, the following are considered judicial documents: actions, judicial decisions against which appeals are permitted, extraordinary legal remedies and payment orders for the payment of court fees for applications pursuant to Article 105 ZPP (actions, countersuits, proposals for amicable annulment, etc.) and invitations of parties to settlement hearings, or first hearings if no settlement hearing was scheduled.
Annex IV- The appeals which may be lodged pursuant to Article 44 - in Ireland, an appeal on a point of law to the Supreme Court.
Prison Services from all Council of Europe states can become a member of EuroPris.
If an official estate administrator or an executor of the will has been appointed, they are authorised to represent the estate instead of the parties to the estate.
Yes, access to both the register and database of legal acts of Lithuania is free of charge.
Key results of the project include Methopedia, a wiki-based community in which experts share knowledge and experience as regards the implementation and evaluation of blended learning methodologies.
He/she may also act on behalf of the child as guardian or trustee.
To establish which court of first instance has territorial jurisdiction, you need to check the city of residence or domicile of the defendant, which as we have seen is the ‘ordinary forum for natural persons’, or identify the court of another place where the courts may have alternative jurisdiction in the particular class of case, such as, for disputes concerning contractual obligations, the court of the place where the obligation was incurred.
In any case involving civil legal aid, the Board undertakes a tender competition and selects from among the organisations that tender.
3.2 The main conditions The first condition for allowing enforcement is having the basis for the enforcement.
This can be an enforceable title or an authentic document, in accordance with the law.
A petition for the approval of the sale of the real estate referred to in the previous sentence may be lodged by the enforcement agent who placed a lien on the real estate as the first in line, and also, with this agent’s written consent, by an enforcement agent whose lien was placed at a later date.
Should the Refugee Commissioner decide that the conditions to declare an asylum seeker a refugee is not satisfied, he may recommend to the Minister to grant the applicant subsidiary protection.
In this case, interest at the rate of 5 % per annum will automatically be owed - without the need for any other judicial decision to that effect - counting from the effective date of the judgment.
Such an agreement is a civil transaction, which has legal consequences, in that it binds both parties to respect and comply with the provisions of a legally formulated contract.
Acts are adopted in accordance with the Constitution and are published in the prescribed manner in Riigi Teataja (the State Gazette).
The President of the Republic promulgates Acts adopted by Parliament or refuses to do so.
They do not act only in the event of a dispute.
Through the advice they provide, or the contracts they draft or adapt, they often avoid the need to go to court.
As of 1 January 2007, all the judgments of Latvian administrative courts are published online on the National Courts Portal.
Whether the person has the required knowledge of German must be checked by the court whether or not the parties so request.
An oral report must be given during the oral hearing.
If the case is to be determined after a main hearing – e.g. in order for the witness to be heard – written evidence and expert statements must in principle be read aloud at the hearing in order for the court to be able to take account of the material in its judgment.
C. An extraordinary will must be notified to a supervisory authority and must be submitted without delay to the nearest Greek consular authority or to a notary in Greece (Articles 1761-1762 of the Civil Code).
Beneficiaries are not obliged to pay the deceased’s debts using their own assets.
Court clerks and officials designated by them are the only people able to confirm the date and time at which claims, documents commencing proceedings and any other documents for which there are mandatory time limits have been filed.
The State fee (valsts nodeva) to be paid for an application is 15 % of the sum claimed, but no less than EUR 71.41.
The bailiff will also inform the debtor without assets that can be subject to enforcement about the possibilities of and conditions for paying in instalments.
In proceedings with extraordinary remedies in the field of criminal law and in the field of civil and administrative affairs, supreme state prosecutors appear before the Supreme Court of the Republic of Slovenia (Vrhovno sodišče Republike Slovenije).
An application for State legal aid must be submitted in Estonian, using the relevant application form.
Article 14(2), fourth indent - Languages that may be used for completion of the application Languages in which the form may be completed: German and English.
Accepted languages (Article 20(2)(c)) The Republic of Bulgaria designates the Bulgarian language.
Pursuant to Article 1 of Law No 287/2009 on the Civil Code, sources of civil law may be the law, practices and general principles of law.
The federal contact centre answers all queries relating to German civil or commercial law, and the organisation of the courts.
The Court summons the parties to case hearings.
The court may also require one of the spouses to make periodic payments to the other, for no more than three years, where the other spouse does not have adequate means and has not remarried.
Appeals within the meaning of Article 32 of Regulation (EC) No 4/2009, lodged against decisions taken at first instance in enforcement proceedings, take the form of an administrative appeal (Beschwerde).
The appeal court is the Higher Regional Court.
Appeals must be lodged with the court which took the decision.
The court will supply the document in electronic format and/or hard copy, and it will be served either electronically or physically, depending on which rules apply and what the parties have opted for.
Thus, if one parent does not consent to the child’s removal to another state, though it is necessary, the other parent may apply to the court for permission, in a specific case, to make an independent decision regarding taking the child to another state.
The Ministry of Justice accepts no responsibility for and excludes all liability in connection with browsing this website, use of information or downloading any materials from it, including but not limited to any liability for errors, inaccuracies, omissions, or misleading or defamatory statements.
Bailiffs Bailiffs' fees are specifically determined.
They may, however, be increased by agreement, depending on the complexity of the task.
Business Register Regulation of 19 July 1996.
It is up to the judge to conduct the preliminary questioning, in order to identify the person being heard, by asking his or her name, profession, address, marital status and other details the judge may deem necessary for identification purposes.
BACKGROUND For more information, see ‘The Directive on Consumer Rights’ on the European Commission's website.
Final Note The information contained in this factsheet is of a general nature, is not exhaustive and does not bind the Contact Point, nor the European Judicial Network in Civil and Commercial Matters, nor the Courts or any other recipients.
Divorce petitions must always be filed with a district court.
By way of exception, creditors entitled to separate satisfaction do lose their right to separate settlement and are not entitled to seek compensation of damages or any other compensation from a bankruptcy debtor or creditor if the object of the right to separate satisfaction has been realised in the bankruptcy proceedings without them, and the right of separation was not entered in a public register or the liquidator had no knowledge of it or could not have known of it.
For all creditors, the information necessary to identify them and to assess how the claim arose and the amount and ranking thereof must be indicated.
12 Annex IV- The appeals which may be lodged pursuant to Article 44 - in Malta, there are no further appeals to any other courts; - for maintenance judgements, the Court of Appeal in accordance with the procedure laid down for appeals in the Code of Organisation and Civil Procedure — Cap.
The system became fully functional (covering the entire territory of Bulgaria) on the 26th January 2009, and is fully integrated with the Geodesy Cartography and Cadastre Agency’s registry.
If the parent liable for maintenance lives abroad, or lives in Sweden but receives a salary or other income in or from another country, the Social Insurance Office may instruct the parent who has custody of and lives with the child to take measures to ensure that the maintenance liability can be determined.
If the application for review concerns a summary decision, it must be made in the form of a simple application.
In turn, the director-general of schools, through the regional education delegates, has disciplinary authority over the administrative and management body of school clusters/non-grouped schools.
A marriage itself cannot be terminated without the intervention of a court, whereby an action or a proposal to terminate a marriage by agreement must be filed.
A district court has the jurisdiction to handle all succession proceedings (including the waiver or acceptance of succession, a legacy, or the assertion of a reserved share).
If the final ruling subsequently finds that a legal act relating to the assets or liabilities of the debtor is null and void, the economic benefit gained in the form of the consideration must be surrendered back to the estate.
It is also permitted to restructure separation rights into a joint separation right (an 85 % majority is required).
Country: Please selectBelgium Bulgaria Czech Republic Denmark Germany Estonia Ireland Greece Spain France Croatia Italy Cyprus Latvia Lithuania Luxembourg Hungary Malta Netherlands Austria Poland Portugal Romania Slovenia Slovakia Finland Sweden United Kingdom Instrument: European cross-border procedures - European payment order
Yes, court fees are payable in all proceedings.
11 Please describe briefly any limitations on enforcement, in particular debtor protection rules and limitation or prescription periods in your enforcement system In the case of attachment on benefits or wages, the attachment-exempt threshold must be taken into account.
The regulation lays down fixed fees (a certain amount or hourly rate) that the state pays to legal aid providers in line with the established procedure.
The universal heir/heir under universal title who overpaid a share of the common debt has a right of recourse against the others, but only for the part of the common debt corresponding to each of the heirs, even if it had been subrogated in the rights of the creditors.
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An agreement between the parties must be made in writing and must relate to a specific dispute or future dispute that arises or that could arise from their specific legal relationship.
Regional courts act as courts of second instance in civil and criminal cases heard in the first instance by district courts.
Known creditors will be convened by the administrator or liquidator in the cases expressly provided for by the law whenever required.
Auction types for which the rules might not fully apply There are no auction types in Estonian enforcement and bankruptcy proceedings to which the above rules apply only in part.
Judicial panels can include both professional judges (poklicni sodniki) and lay judges (sodniki porotniki).
If the authorised representative is a lawyer, he or she shall certify the signatures of the spouses, in accordance with the law.
Finally, in connection with their duration, time limits can be in hours, days, weeks, months and years and this classification is also provided in Article 181 of the Code of Civil Procedure.
When the applicant requests the adjudication of amounts, salaries or pensions, the body responsible for paying these or for processing the respective payrolls will be notified that it is to pay the adjudicated part directly to the applicant.
Proceedings for enforcement or a lien which were initiated against the debtor before the opening of preventive restructuring proceedings for enforcement or for securing a financial claim, which is the subject of preventive restructuring, are terminated upon the start of preventive restructuring proceedings.
If the addressee does not have a letterbox and the documents are delivered to the court/post office, the process server leaves a notice of service of documents on the door to the residence, stating where the documents can be found and when the documents will be deemed to have been served.
Legal aid is granted to persons who cannot pay the cost of the proceedings without endangering their livelihood.
The names of parties are not given, as the judgments are redacted before publication.
Annex III - The courts with which appeals referred to in Article 43(2) may be lodged - in Ireland, the High Court.
5 - In cases being heard in courts in the metropolitan areas of Lisbon and Porto, there shall be no examination by teleconference if the witness is a resident of the respective district, with the exception of cases provided for in Article 520.
3 Conflict of law rules When the Belgian court has jurisdiction under the rules already mentioned, it still has to consider which law it should apply to the dispute.
Register of General Contract Conditions.
The increase in the spouses’ property does not include what they acquired by virtue of gift, inheritance, bequest or other donation.
The execution court with subject-matter jurisdiction is, in accordance with Section 45 of Act No 120/2001, on court bailiffs and enforcement activities (the Enforcement Code), as amended, the district court.
Information contained in a specific privacy statement.
A specific privacy policy statement will contain the following information about the use of your data: What information is collected, for what purpose and through which technical means the EU collects personal information exclusively to the extent necessary to fulfil a specific purpose.
7.1 Does the law of this Member State allow for other methods of service in cases where it has not been possible to serve the documents to the addressee (e.g. notification to the home address, to the bailiff office, by postal service, or by poster advertising)?
If there is no danger of default, a court may decide on a petition for a preliminary ruling within 7 days after it was submitted.
After the proceedings, they may concern the costs of enforcing the judgment.
In this case, a parent is permitted to assert the child’s maintenance claims against the other parent only in his or her own name.
This is to avoid making the child a party to divorce proceedings between the parents.
The register is administered by the Scottish Mediation Network (SMN).
Income limit applicable in criminal proceedings for victims As a rule criminal proceedings are instituted not by the victim of the crime but by the State, which pays the relevant costs.
The legal profession is governed by the Legal Profession Act (Zakon o odvjetništvu).
If a decision does not contain instructions about appeal, about the time-limit for appeal, or about the court at which it is to be lodged, or if it contains incorrect instructions stating that an appeal is not permissible, an appeal may be lodged within three months of the service of the decision.
Documents that have to be served automatically are those where there is a corresponding legal stipulation or court order (Section 166(2) of the German Code of Civil Procedure) (Zivilprozessordnung – ZPO).
The Civil Procedure Act does not stipulate how much time in advance witnesses must be summoned; however, parties must be given enough time to prepare for the hearing - at least 15 days from the time the summons for the hearing is served.
This tends to occur through an agreement among the interested heirs: the allocation agreement.
In Austria, it is obligatory to register/deregister your residence.
Witness evidence is not admissible for proving legal transactions of a value above RON 250, for which the law requires evidence in written form.
Any person can make a valid testament in the form of a public will.
Bankruptcy Subject to certain exceptions, the creditor has the right to use a claim in bankruptcy for a set‑off against a debt owed to the debtor at the beginning of bankruptcy, even if the debt owed to the debtor or the claim has not yet fallen due.
The court fees prescribed by the ZSP apply to persons at whose request or in whose interest certain actions prescribed by law are undertaken.
Higher social courts and the Federal Social Court comprise three professional judges and two lay judges.
The Ombudsman has the power to monitor, warn and advise but not to take official decisions.
In addition to the work of the Network, the duties of the contact point include central authority tasks and other civil law cooperation.
The child is entitled in principle to receive maintenance from its ascendants [parents or grandparents] until adulthood, i.e. until he/she attains the age of 18 years.
Jurisdiction in respect of action for annulment and action for a new trial lies with the court which ruled at first instance.
Such authenticated clauses in private documents are of public significance, and that part of the document may also be regarded as a public document.
The General Trade Register (Γενικό Εμπορικό Μητρώο – ΓΕΜΗ) at the local chambers of commerce is responsible for issuing the necessary certificates for bankruptcy procedures.
It records all disclosures of business documents and information.
In certain legal scenarios, no record of service is required as proof: When a document is served by physically delivering it to the official premises of the court, a note on the document and in the files to indicate that it has been served and when this took place constitutes proof of service (Section 173, second sentence of the German Code of Civil Procedure).
Hierarchy of norms The Constitution of the Republic of Bulgaria is the supreme law.
Their number and place of their establishment are determined by the minister responsible for justice so that there is at least one enforcement agent per district court (okrožno sodiščo) territory, while the remaining enforcement agents are assigned in district court territories according to the number of enforcement cases before local courts within each district court territory.
The division is done amicably if the beneficiaries are agreed, or after legal proceedings in the event of disagreement, with the involvement of a notary.
Journal To view the records entered in the insolvency register on a specific date, use the section Žurnāls.
If the claimant accepts the proposal, the court will issue the European order for payment for the part of the application that is accepted.
An Order (ordonnance) of 10 July 1814 set the number of lawyers at the supreme courts at sixty.
12 What requirements for taking oaths apply and what information is needed from the requesting court when an oath is required during direct taking of evidence under Article 17?
According to Section 4 of the Code of Judicial Procedure (4/1734), documents are served by a bailiff in such cases.
Courts in the Czech Republic also have access to an information system on foreigners maintained pursuant to Act No 326/1999 on the residence of foreigners in the Czech Republic.
Incompatible functions Except where the law permits, a public prosecutor may not act as an arbitrator or mediator for the settlement of legal disputes, represent parties to judicial proceedings, or act as an agent for a claimant or party in judicial or administrative proceedings.
The liquidator may sell the debtor’s assets to the buyer making the best offer in a public sales procedure on an audited web-based sales portal.
If the person concerned lives with their spouse or other family members, the total annual income will be calculated by adding together the incomes of all the family members, including the applicant.
Proceedings in respect of criminal offences specified in Section 17(1) of the Criminal Trial Act are conducted at first instance by a regional court even where the minimum term of imprisonment is lower.
As a general rule, the applicable law in the case of immovable property is the law of the place where the property is situated.
If a notary draws up one of the above instruments in the form of a notarial deed or if a notary has taken receipt of such an instrument not in the form of a notarial deed for notarial safekeeping, he or she enters information on that instrument and on the person drawing it up in the above register by electronic data transmission.
The court or the notary public renders a decision based on the results of all hearings.
See below under question 3.
It should be noted that Italian law applies irrespective of whether the applicant is an Italian national, and that Italian law may also be invoked by a non-national in a mixed marriage or a marriage of two non-nationals.
In urgent matters, the court may issue such a warrant even for the first hearing.
An application to rectify a certificate is the competence of the court that issued the certificate.
The prosecutor‑general’s offices (Generalstaatsanwaltschaften) are responsible for appeals on points of fact or law in the higher regional courts.
General jurisdiction to order such measures lies with the single-member court of first instance (monomelés protodikeío).
An administrator appointed under Slovak law differs from the administrator under common law.
If the parties fail to reach an agreement, the revocation or reduction is imposed by the court.
Applications for entry must either bear a digital signature or be in the form of a notarial document.
Half of the amount of the claims arising from new cash income granted in the framework of a refinancing agreement, under the conditions provided for in Article 71bis or the fourth additional provision, can also be considered claims against the insolvency estate.
High Court Masters and Registrars are procedural judges who deal with the majority of the civil business in the Chancery and Queen’s Bench divisions of the High Court.
Social guarantees for judges By law, judges receive various social guarantees, including an official salary, additional remuneration, a judge’s pension, leave, official robes and other social guarantees.
A bankruptcy ruling must set out the time of the declaration of bankruptcy.
Constitutional Court of the Republic of Bulgaria The Bulgarian Constitutional Court acts as guarantor for the irreversibility of the democratic processes in Bulgaria, the realisation of which is the Constitution's main aim.
More information can be found on the website of the Chamber of Notaries (Notarialnata Kamara).
The Bar Association operates a search engine (in Slovenian and English) that can be used to search for attorneys by: name, region, knowledge of foreign languages and areas of work.
The contact point also has regular contact with the Department of Justice on policy issues and the Central Authority on Family Maintenance and Cross Border issues Providing information There is no national website for the EJN in Ireland.
In order to make court proceedings more flexible and to assist parties to the proceedings, the website of the Ministry of Justice of the Slovak Republic (Ministerstvo spravodlivosti Slovenskej republiky) features examples (forms) of selected claims for the initiation of proceedings.
Registration forms for mediators and legal entities employing mediators can also be found on the same website.
The obligations of the executor commence as soon as the designated person accepts their appointment to this role.
Sometimes referral to a mediator can prompt the parties to resolve their differences by themselves, which is a sign that mediation can work to prevent the escalation of a dispute.
The monetary claim corresponds to the child’s share in the estate.
Unlike in the case of divorce, spouses who are separated may not remarry, as they are not formally divorced.
The judge of attachments will not consider the title to be current if the attachment creditor is no longer a claimant or if all or part of the claim has ceased to be active (because it is time-barred or has been paid or otherwise settled).
If this is not possible, the written notification must be affixed to the door of the residence, the business premises, or the institution.
If necessary, applicants are encouraged to contact their local legal aid office or a private solicitor (for example, regarding how to prepare the application documents).
A ban on the disposal of assets is regulated in Section 44a and Section 47(5) of Act No 120/2001, the Enforcement Code, as amended.
2) Salaries, wages, remuneration or pensions that are higher than the minimum wage may be seized according to this scale: No 1 For the first additional amount up to the amount equivalent to twice the minimum wage, 30 %.
The following applies to all civil cases, including judgments in cases involving small amounts.
Among the measures provided for in the LEC (Article 727) are the following: Precautionary attachment [el embargo preventive de bienes], aimed at ensuring the enforcement of judgments ordering the delivery of amounts of money or yields, rents and fungible goods that can be estimated in cash by applying fixed prices.
Testamentary dispositions do not need to be registered, irrespective of the form used.
Family law therefore provides for two types of non-judicial proceedings, the objective of which includes the consensual resolution of divorce-related matters: mandatory counselling (Article 321-330 ObZ 2015) and family mediation (Articles 331-344 Obz 2015).
Latvian legislation does not define what constitutes the resources that will ensure the other spouse’s previous level of welfare.
A court is also entitled to collect evidence on its own initiate (ex officio), but only in cases provided for by law.
Anyone can bring a legal action for ascertainment of the existence or non-existence of an administrative right or legal relationship, provided he or she has an interest and no other remedy is available.
The court may also annul the acts transferring ownership of movable or immovable property free of charge and the declaration of exemption from attachment, undertaken in the six months preceding the date of cessation of payment.
Anyone who has to pay money to the insolvency practitioner can set off this debt with a claim (controcredito) in respect of the same proceedings, but only if both (debt and the claim) arose before the proceedings were opened.
3.5.4 Maintenance obligations The law governing the duty of maintenance between blood-relatives other than parents and children, or the duty of maintenance of other persons related by affinity, is the law of the state of which the relative from whom maintenance is claimed is a citizen.
The main types of ADR practised in Slovenia include arbitration, mediation and court action in a broader sense aimed at encouraging a court settlement.
Mediators are all professionally qualified to act as such.
Estonia is preparing to introduce the ECLI for case law published in Riigi Teataja (the State Gazette).
In areas where land registries are operating provisionally, computers available free of charge at the relevant offices may be used to search for data electronically.
However, ‘assegno di mantenimento’ is not payable to the spouse deemed responsible for the separation.
Procedures for review (Art.19 (1)) The review procedure provided for by Article 19 is the ordinary procedure relating to decisions given by the court that issued the original enforcement order.
Headers on the Courts' Portal Below is a header from the Romanian Courts' Portal: Title: Provisional detention.
The Polish Supreme Court (Sąd Najwyższy) publishes its decisions, with its reasoning, on its website, Polish Supreme Court, which is also available in English.
If the case proves to be particularly complex, the judge may decide to apply the following costs: In cases where the amount involved is up to €2 000.00: €153 (1.5 units of account); In cases where the amount is higher than €2 000.00 but not more than €5 000.00: €306 (3 units of account).
The statement of grounds for a default judgment, judgment based on admission of a claim or judgment based on waiver of the claim shall only indicate the grounds for giving such judgments.
The attachment is levied by writ served by a bailiff.
3.3 The personal status, its aspects relating to the civil status (name, domicile, capacity) A child takes the domicile of his / her father if his / her parents were married to each other at the time of the child’s birth.
If pursuant to the provisions of the ZPP the documents are delivered to a person who is not the person on whom the documents have to be served, the process server indicates their relationship on the delivery note (Article 149(5) ZPP).
Legal separation ends with the reconciliation of the spouses or the dissolution of the marriage.
After the decision adjudicating the real estate to the buyer becomes final, the court will set a date for the hearing to divide the purchase price.
Mediation may take place between two or several parties.
An application for review may not be submitted on the grounds that the party did not participate or was not represented in the proceedings or in the case laid down in Section 702(2)(8) of the Code of Civil Procedure if ten years have passed since the entry into force of the court ruling.
If either party to the marriage is a minor, the marriage is void.
The act of returning the acknowledgement of receipt to the court registry allows the court to determine whether the European order for payment can be declared provisionally enforceable.
Exceptions only apply in certain special situations, e.g. where one spouse has difficulty providing for themselves after a long marriage has been dissolved or if there are other special grounds.
Lawyers are bound by professional secrecy, which is a matter of public policy and violation of which is a criminal offence.
EU countries had to incorporate it into national law by 18 March 2000.
The legal regime governing matrimonial property defined by contract is the law of the state chosen by the spouses in their contract.
Any irregularities with regard to costs may be investigated by the Bar Standards Board and could potentially result in disciplinary action.
Article 2(4)(d) – Languages that may be used for the completion of the standard form set out in Annex I Languages that may be used for completion of the standard form: Finnish, Swedish and English.
The Hague Protocol of 2007 has been ratified by the European Union, of which Estonia has been a Member State since 1 May 2004.
It comprises members designated by thirty-two bodies (independent authorities, university faculties of law and sciences, trade unions, NGOs, political parties and ministries).
Support and advice of a legal representative in mediation is possible.
No ☐ No ☐ whether a case is still pending?
If the debtor could have contested the judicial decision, the trustee in bankruptcy may do that.
In this case, the trustee in bankruptcy may enter the proceedings in lieu of the debtor.
The heir administers and disposes of everything that constitutes the inheritance.
It is an important advantage for the mediator to speak the language of both parties, or at least the common language (if the couple has one).
Commercial lawyers/legal advice In the Czech Republic there is only one type of lawyer.
An heir under benefit of inventory must satisfy the creditors to the estate and then the legatees.
The other party’s claim against the debtor which has arisen from an obligation being performed after the trustee has required the obligation to be performed by the other party is a consolidated obligation.
For actions against refinancing agreements, legal standing is exclusive to the administrator, excluding any subsidiary standing.
Acceptance takes effect on the opening of the succession.
Contractual provisions which, in advance, exclude or limit the application of the provisions of the SZ are without legal effect.
Types of interim measures depend on the fact whether the interim measure secures a pecuniary or non-pecuniary claim.
An appeal may be lodged within 30 days of the service of the judgment on the appellant, but not later than within five months of the judgment of the court of first instance being made public.
Social security and social assistance You have the right to access to social security systems (including pension, work-related accident protection and different unemployment benefits) as well as other social assistance programmes.
If needed, the court may oblige the parents asking for divorce to seek mediation with respect to ancillary issues, to ensure an appropriate arrangement in terms of parental responsibility and the necessary cooperation between the parties.
The land registry court decides on whether entry can be made on the basis of documents proving the existence of a legal basis for acquisition of the right that is the subject of entry, on condition that the other conditions laid down by the law have been met.
You can access these on the website of the Ministry for Justice, Culture and Local Government.
The child shall be registered immediately after birth and shall have the right to a name and citizenship.
Upon request by the relevant party, the court may entrust that party with responsibility for the service of documents if the court considers that there are justified grounds for doing so.
The Office of the Court carries out organisational, operational, administrative and decision-making tasks.
If a marriage is voidable it is treated as being invalid from the date the order of annulment of the marriage is made absolute.
The notary must also register such safekeeping in the Central Notary Register of Wills.
Certain matters are assigned irrespective of their value to the justice of the peace (Section 7, third paragraph of the Code of Civil Procedure), the single-judge general court (Section 409 of the Code of Civil Procedure) or the general court sitting with a panel of judges (Section 50-bis of the Code of Civil Procedure).
Links Office of the Public Prosecutor, Anti-Money-Laundering Service, National Courts Portal, Courts Administration, Latvian Council of Certified Lawyers, Latvian Notaries, Latvian Council of Certified Bailiffs, Ministry of Justice of the Republic of Latvia
If so the accused is called by the Court to make a defence and is informed of his/her right to remain silent or make a statement from the dock or give evidence under oath.
The family mediator who conducted the process of family mediation may not participate in writing expert opinions or family assessments or participate in any other way in court proceedings in which the dispute of the parties who participated in family mediation is being decided, except in cases prescribed by law.
The court confirms the heirs' acquisition of inheritance under that agreement.
This will be sent to your e-mail address if you sign up for the Estonian-language Minu RT service.
In the special cases described below, a court other than that for the place of residence of the defendant must be chosen.
That is to say, irrespective of the fact whether the parents are jointly or individually responsible for the child’s care and upbringing, each of them has the right to independently make everyday child-related decisions when the child is in their care (Article 110 ObZ 2015).
The judge who has adopted the measure has jurisdiction over this and can fix the security to be issued either in cash or as a guarantee.
In the event the creditor receives direct payments from the liable person abroad, he/she is required immediately to inform the Office of such payments.
In the case of a legal person, the document may be served on any managing director, on the secretary of the company or on any responsible person at the company’s offices.
In the classification phase, creditors have party status and may submit comments on the report by the administrator and on the opinion of the public prosecutor’s office, although they cannot legitimately make independent classification claims.
Training is tailored for judges, legal practitioners, EU and national officials and private sector lawyers.
Persons may qualify for secondary legal aid in family-law proceedings and in other proceedings laid down in the law, provided that they meet the legal requirements (Article 12-25 ZBPP).
Judges cannot accept a salaried position from a government, unless they act free of charge and the position does not entail an incompatibility as determined by the law (Article 155 of the Constitution).
Legal advisers See the section on ‘lawyers’.
The same applies in cases where the other parent merely has to be informed (Section 189(1) ABGB), but it depends on the circumstances of the individual case (for instance the duration, destination and purpose of the trip) whether the temporary removal is to be considered an essential matter at all.
The warrant of description or of impediment of departure by reference to the oath of the respondent cannot be issued by the Court of Magistrates (Malta) or by the Court of Magistrates (Gozo) in its inferior jurisdiction.
The application for court authorisation to use the surname of the former spouse may be submitted within the divorce proceedings or in separate proceedings, even after the divorce has been decreed.
In principle, the requested court will provide a certified court interpreter for the needs of hearings under Articles 10 to 12 of the Regulation.
In a continuous debt relationship, the part of the debt from the period before the beginning of bankruptcy shall be deemed a claim in the bankruptcy.
Claims which have arisen after the start of bankruptcy are considered administrative expenses, i.e. debt of the bankruptcy estate that is paid in full using the assets of the estate.
The parties to the suit may also bring forward as part of their evidence, reports drawn up by different experts.
Probate proceedings are instituted ex officio after the court receives a death certificate, an excerpt from a register of deaths, or an equivalent document.
17 Which law does the court apply in a proceeding on parental responsibility where the child or the parties do not live in this Member State or are of different nationalities?
Together with the said request, the liquidator must produce a document showing ownership of the assets.
If, for example, a petition for divorce is filed in the Netherlands by a married couple both of whom are Belgian nationals living in the Netherlands, the divorce law of the Netherlands is applied automatically.
As part of succession proceedings, the notary shall contact all the legatees named in the will and inform them of their rights to the legacy.
Decisions are always made in the form of resolutions in enforcement proceedings.
Parties and their representatives are entitled to consult a court case file and make excerpts, copies, and photocopies of it, or they may ask the court to make photocopies for them, at cost.
Notaries and the Greek consular authorities are also competent to draw up and safeguard wills.
Among the non-governmental organisations active in the area of mediation are: The National Mediation Association (Országos Mediációs Egyesület); and the Mediation and Legal Coordination Department of the Budapest Chamber of Commerce (Budapesti Kereskedelmi és Iparkamara Mediációs és Jogi Koordinációs Osztálya).
In the case of a legacy, the legatee has, from the date of death of the testator, the right to ask possession from the heir of the thing left as a legacy.
The prosecutors’ offices attached to tribunals coordinate the activities of the offices attached to the 176 functioning district courts, each of which is headed by a first prosecutor.
If someone cannot understand the Autonomous Community language, the court will appoint an interpreter to provide a translation into Spanish.
One of the pre-requisites for granting a maintenance obligation, which is applied in all cases where a maintenance obligation is fulfilled, is consistency with public morality.
If the conditions for confirmation of pre-bankruptcy arrangement have not been met, the court will, by virtue of a decision, determine that the confirmation of the pre‑bankruptcy arrangement is withheld and stay the proceedings.
As regards service by bailiff depositing a copy of the notice of service, see above: Service by bailiff depositing a copy of the notice of service.
All of the consolidated laws and regulations published on the website are for information purposes only.
By resorting to the enforcement procedure, a creditor who is the holder of a right recognised under a court judgment/enforceable document compels the debtor to meet those of his/her obligations as debtor that he/she has refused to meet voluntarily.
The reason for these rules is to ensure that the communication actually reaches addressee and, if they are a party to the proceedings, to guarantee the right of defence.
The addresses and telephone numbers of the courts are available on the Northern Ireland Courts and Tribunals Service's website.
Secured creditors are listed separately.
Both the Chamber and the State possess the right of recourse against the person responsible for the damage; the State also has the right of recourse against the Chamber.
Constitutional matters The Supreme Court has jurisdiction to rule on the constitutionality of any law and to resolve conflicts of power or competence which arise between the various organs of State.
As a rule, after the commencement of the proceedings, precautionary measures based on official decisions shall not be directed against the debtor.
The requested court issues a summons to the person who is to be examined.
In addition, there are the bailiff’s expenses, especially in the form of travel expenses (point 711 of the schedule of fees).
The testator dictates it to the civil law notary, who will write it down and read it out to them, mentioning these formalities.
In which areas is recourse to mediation admissible and/or most common?
Facts indicated in official written evidence are considered to be fully proved until they are disproved by other evidence in the proceedings, except for witness evidence.
This directive updates and clarifies the rules to protect the consumer and contributes to the proper functioning of the internal market.
(Section 5 of the Rules of Civil Procedure).
Cases may be referred to agricultural land tribunals (tribunal paritaire des baux ruraux) by registered letter with a request for acknowledgement of receipt addressed to the tribunal’s office, except in cases in which publication of the claim in the land register is required or in which a bailiff’s deed is compulsory.
This applies among other things to the editorial features of the website, the presentation of the screens and the software needed for using the site, and to logos, images, photographs and graphics of whatever kind.
They contain information on court judgments and primary legislation.
Experts may be asked questions to explain or supplement the expert opinion.
Maintenance must be paid either to the creditor or to the person who has the care of the creditor.
Prescription The Portuguese Civil Code lays down a limitation period of five years for overdue maintenance payments.
The Youth CourtThe youth court deals with young people who have committed criminal offences, and who are aged between 10 and 17.
In principle, the sale of production units means the transfer of all contracts that are instrumentally linked to the activity, but not the assumption of debts from before the insolvency proceedings, except if the purchasers are linked to the debtor or the labour rules on business succession apply.
This Code of Conduct lays down what is required of barristers.
Article 3 – Central body The central body is the Office for Judicial Cooperation in Civil and Commercial Matters (Bureau de l’entraide judiciaire civile et commerciale).
1.2 Application of procedure In adjudicating small claims the court follows the ordinary court procedures with certain exceptions laid down for small claims.
The tribunal is presided over by a judge of the district court.
With regard to the hearing of witnesses, see the reply above.
If any compulsory measure is needed, the imposition of a fine is the most likely option.
In order to successfully appeal a judgment in default, a defendant would have to satisfy the court of his or her reason for failing to enter the appearance or defence and the court would have to be satisfied that the reasons given explain or justify that failure.
1.2 Competent court Applications for orders for payment can be submitted on paper or in electronic format anywhere in the country, at the courts in each district competent to receive them.
Director of court administration (ravnatelj sudske uprave) A court that has more than 40 judges may have a director of court administration.
However, there are no electronic databases to which a creditor can have access to obtain information directly about a debtor’s assets.
This handbook presents the basic principles central to understanding alternatives to imprisonment as well as descriptions of practices in various parts of the world which are considered to have potential.
The Romanian Trade Register has been set up and operates in accordance with Law No 26/1990 on the Trade Register, republished, as amended.
The level depends on the nature of the case and the value of the claim.
If the income is below RON 600, the proportion of legal aid provided is 50 %.
At first instance, a district court (okresný súd) have jurisdiction as a rule.
The application must be signed by the plaintiff or the plaintiff's representative.
Undue influence: exploiting a position of power in relation to the consumer so as to apply pressure, even without using or threatening to use physical force, in a way which significantly limits the consumer’s ability to make an informed decision.
The court which issued the European Enforcement Order certificate may, by means of a court order, withdraw it (pursuant to Article 10(1)(b) of the Regulation and Article 5(2) of the Law).
In a decision in which a court annuls the confirmed compulsory settlement, the court may order the debtor to pay any unpaid part of claims which was affected by the confirmed compulsory settlement, within a period stipulated by the court, which cannot be longer than one year after the decision becomes final.
Secure data transmission and storage are performed with the help of e-mail system native IT tools, such as firewalls, certificates, anti-viruses, role-based access controls, etc., accompanied by the application of good practice in the field.
However, there are no forms for filing suit in the Courts of Magistrates or the First Hall of the Civil Court.
Parental rights are exercised in relation to both age groups of children.
The site provides English-language information on the Danish legal profession.
As part of the EU open data initiative, the EU Vocabularies site offers free public access to all of its content.
Organisation Nearly 250 people work at the offices of the Defender of Rights in Paris.
The judge will not set another deadline for payment, unless the parties have agreed to this.
Please see also the answer to Question 4.3.
Non-discrimination rights This is for when you are treated differently on the basis of your gender, race or ethnic origin, age, disability, sexual orientation (for lesbian, gay, bisexual, transsexual or intersexual people), religion and belief, or other grounds in areas such as education, employment, social security, healthcare, access to goods and services or housing.
Regional court panels comprise: a) a presiding judge and two associate judges, where the panel is acting as court of first instance in a criminal case; b) a presiding judge and two judges in other cases.
Insolvency estate If an insolvency petition is filed by the debtor, the insolvency estate comprises assets belonging to the debtor at the time the effects associated with the initiation of insolvency proceedings come into play, along with assets acquired by the debtor in the course of the insolvency proceedings.
3.5 Marriage, unmarried/cohabiting couples, partnerships, divorce, judicial separation, maintenance obligations 3.5.1 Marriage The formal validity of a marriage is governed by the law of the place where the marriage is being celebrated.
At the next level are the legislative instruments.
In Spanish law, however, civil action arising out of a criminal offence can be brought at the same time as the criminal action.
The CPS is led by the Director of Public Prosecutions (DPP), who makes decisions about the most complex and sensitive cases and advises the police on criminal matters.
Links to access legal information from the Government, the Riksdag, higher courts and government agencies are available from this portal.
However, execution functions are performed by enforcement officers under Act No 233/1995 on court officers and distraint activities (the 'Execution Procedure Act').
If the value of the claim cannot be determined, the law stipulates that 6% of a fictitious amount is to be paid.
Article 198 of the Code of Civil Procedure lays down the following rules for the submission of written evidence: Written evidence may be submitted by participants in the proceedings or be requested by a court in accordance with the procedure stipulated by the Code.
Role and functions Notaries are empowered to issue authenticated documents, which are then enforceable without having to obtain a court order.
CAPTCHA is a type of technology used as a website security feature, which only allows data entered by humans to be transmitted.
In specific cases provided for by the Act (deciding on the separation of the estate from an heir's property, on the right of co-heirs who had lived or earned in a union with the testator and on the division of household effects), the notary public may render decisions only with the consent of all parties to the proceedings, otherwise the notary public must also return the file to the court.
For maintenance matters, the value is based on the future maintenance payments claimed, at most the amount for one year.
According to Section 288(2) of the Criminal Code (StGB – Strafgesetzbuch), giving or confirming false evidence under oath or otherwise falsely taking an oath provided for in the relevant legislation are punishable by a term of imprisonment of between six months and five years.
This is a ‘confirmation of facts known from the file’, an authentic instrument issued by the notary conducting the succession, mainly for purposes of evidencing the status of a beneficiary or other entitled person to whom a right of the deceased is to pass (e.g., compensation under an insurance policy, membership rights, positions in ongoing proceedings etc.).
A complaint may be filed: In writing – preferably on a printed complaint form mailed to: CONTACT_INFO.
The divorce of spouses of different nationalities is governed by the law of the state in which they have their common habitual residence when the petition for divorce is lodged.
In the case of Article 696(f), from when the decision on which the review is based became final; iii.
The Presiding Officer decides which amendments will be considered by the Assembly.
The appointment is made by court order upon request.
It should be noted that the financial assistance procedure for victims of terrorism will be changed during 2018.
At the end of the investigation, the police officer in charge of the case forwards all the evidence collected to the prosecutor.
AREAS OF JURISDICTION The Constitutional Court hears cases in the manner and as determined by the law, including: Appeals on matters of unconstitutionality against laws, regulatory provisions or acts with the force of law.
If a witness who has been properly summoned fails to attend without explanation, or if such a witness leaves the place where they are to be heard without permission or any justified reason, the court may order them to be forcibly brought back, at their expense, and may also impose a monetary fine ranging from 500 to 10 000 Croatian kuna.
Any proceeds from the real estate received after attachment are covered by the attachment.
See also question number 1.
On the websites of the Ministry of Justice and various professions.
In divorce matters, in which the use of a lawyer with rights of audience is compulsory, the action is brought by petition.
A Value Schedule (Δελτίο Εκτιμητών), known as form Ν115, describing the property by geographical area and page/plan (surface area, location, beneficiary and value of property).
The general rule is that the parties must state all the facts underlying their claims and objections, and present evidence proving those facts (Articles 7 and 212 of the ZPP).
(3) Interest and recurrent performance shall become statute-barred in three years; however, if it has been awarded with finality or acknowledged in writing, this limitation period shall apply only to interest and recurrent performance falling due after the decision becomes final or after the acknowledgement is made.
In Germany, lawyers’ fees are charged either in accordance with the Lawyers’ Remuneration Act [Rechtsanwaltsvergütungsgesetz] (RVG) or on the basis of fee agreements.
When the expiry date of the payment plan is being set, the period for which the decision initiating the process has applied has usually to be deducted from the duration of the plan, unless there are grounds for deducting a shorter period in view of the debtor’s actions following the initiating decision.
If you are a victim of a crime of gender-based violence, you do not need to first prove that your means are insufficient to obtain legal aid.
The IT system certifies the date on which the notification is issued.
The court may also order mediation or other means of voluntary dispute resolution.
The summons states, among other things, the time and place where the person will be examined.
As a rule, all the parties’ personal data must be deleted from the decisions (‘anonymous decision’), and the parties must be identified according to the role played by them in the proceedings.
The policy on "protection of individuals with regard to the processing of personal data by the Community institutions" is based on Regulation (EC) N° 2018/1725 of the European Parliament and of the Council of 23 October 2018.
2.2 The main conditions In order for a court to grant any of the measures listed above, the following must apply: Risks arising from the course of time, or periculum in mora: this is constituted by the risk of harm the claimant could suffer through delay in the proceedings, which could frustrate the enforcement of that which is granted in the judgment or decision concluding the proceedings.
The costs will be charged, in principle, to the losing party in any final decision, where appropriate as a matter of course, in accordance with Section 1017 of the Judicial Code.
Currently, there are 36 notaries serving the whole country.
Since many of these situations must be either sanctioned or witnessed by the authorities (frequently by courts or other legal institutions), it is quite common to require official translations of documents originally written in another language The purposes of an official translation are to certify facts in a legal or administrative process/court case; to have legal facts originating in a foreign country recognised and to apply the source law to foreign citizens (Private International Law).
The fact that an application to set aside judgment by default has been filed does not suspend enforcement; however, suspension of the enforcement procedure may be ordered by decision of the court at the request of the applicant, with or without a guarantee.
The heir may either accept or waive the legacy.
Its mission is to ensure the organisation and conduct of elections and referendums and ensure that the funding of political parties and electoral campaigns is in accordance with the Constitution and the relevant legislation and international and European standards.
Bankruptcy At the start of bankruptcy, the debtor shall lose their authority over the assets of the bankruptcy estate to the estate administrator.
In the event that a business debt restructuring decision is amended, the duration of the payment plan may be set at a maximum of five years.
The Prosecutor-General and Chief Prosecutors of departments of the Prosecutor-General’s Office may attend Cabinet meetings and express their opinion on the matters under discussion.
Fees are not explicitly mentioned among those obligations.
Renvoi to Portuguese law There is renvoi to Portuguese law when the Portuguese conflict-of-law rule refers to the law of another State which in turn has a conflict-of-law rule that refers back again to Portuguese law.
The following information about the legal person is provided free of charge: code name registered office legal form legal status.
The legislative framework for its operation is governed by Law No 3094/03.
The official language of the Community institutions other than their own which is acceptable: French.
If the court does not grant the party’s request, the party must appear for the hearing.
The profession is governed by the Code of Professional Ethics for Public Prosecutors.
The same rule applies where the court grants a separation on the basis of a joint application by the spouses, unless the separation agreement between the spouses provides otherwise.
In addition to this, in these circumstances a thirty (30) year prescription applies but this time limit may be interrupted by means of the abovementioned application.
The decision may however be used as grounds for precautionary attachment of property.
The information can be found in the sections Tiesu nolēmumi (‘Court rulings’) and E-Pakalpojumi (‘'e-services’).
A party may, however, claim damages against the State for breach of his or her human rights.
The estate is a group of property which is distinct from the heir’s personal property.
Territorial jurisdiction in proceedings concerning a declaration of death will be had by the ordinary court of the person who is to be declared dead (Section 220 CMP).
Impermissibility of enforcement and liens After the opening of insolvency proceedings against an insolvent debtor, it is generally not permitted by law to issue a Decision for enforcement or for a lien, unless the law specifies otherwise.
Case law of the Supreme Court has been available the since the court system was reorganised in 1993 and is published in the electronic edition of Riigi Teataja (the Estonian State Gazette) and on the Supreme Court website.
The process starts when the police or the Public Prosecutor comes to know about a fact that might be considered an offence or a crime.
A crime in this sense (according to the Federal Criminal Code) is a criminal act for which the law provides a minimum penalty of at least one year.
The Supreme Administrative Court monitors and assesses the final decisions taken by courts in the administrative judiciary, and on the basis thereof, in the interests of consistent decision-making by the courts, delivers opinions concerning decision-making by the courts in particular types of case.
In metropolitan France and its overseas departments, around 400 volunteer representatives work with citizens to help them defend their rights, receive their complaints and respond to their requests.
Where the creditor does not pay the security, the court will stay the enforcement.
They are immersed in an interactive game world that seamlessly blends language learning with motivating game play.
If a special provision provides that a pleading may be lodged only via a data transmission system (the EPU procedure), the pleading is lodged together with the payment of the fee.
If a claim related to the earlier claim arises after the judgment opening the proceedings, it is possible for it to be paid by set-off against the previous claim, provided that the latter has been declared.
If the opinion of the Ministry contains no objections with regard to the legality of the regulations, or no opinion is sent to the local council within the specified time limit, the local council issues the binding regulations as adopted.
Ø Slovenian law distinguishes between a relatively and absolutely invalid marriage.
If the obligee or his representative does not have an activated electronic mailbox, a petition for enforcement may be lodged via any enforcement agent.
For temporary incapacity, there is a limit of 18 monthly instalments for compensation.
Upon the annulment of a marriage, the marriage is considered to have been void from the very start.
The method of storage and transmission of an audio recording, the technical conditions and the manner of recording are regulated by the Rules of the Procedure of the court.
The duration of bankruptcy proceedings in Estonia is rather long.
The action may only be brought by entitled heirs within five years of the opening of the succession or two years from the date of discovery of the interference (Article 921 of the Civil Code).
EUR 8) per page VAT is added to these amounts where legally required.
The juízos cíveis are competent to deal with proceedings of a civil nature that do not fall within the jurisdiction of the varas cíveis or the juízos de pequena instância cível.
Note that the person who bears the funeral expenses need not be a relative or dependant of the victim.
The only specialised courts in civil matters in Bulgaria are the administrative courts.
A business debt restructuring means that entitlement to interest or penalties on arrears in respect of a claim covered by the restructuring lapses in respect of the period after the date on which the initiating decision was announced.
By analogy with that provision, the time-limit for lodging an appeal under the European Small Claims Procedure is, in principle, one month from service or notification of the judgment of the court or tribunal with jurisdiction pursuant to Article 13 of the Regulation establishing a European Small Claims Procedure.
Any documents or other evidence on which the plaintiff is basing claims, proof that a court fee has been paid and applications to demand evidence which the plaintiff is unable to submit, indicating reasons as to why evidence cannot be submitted, should be annexed to the statement of claim in order to be accepted by a court (Article 135 of the Code of Civil Procedure).
Special rules exist depending on the nature of these assets: claims (rent, salaries, sums placed in a bank account), movable property of all kinds, immovable property and rights in rem, securities and contributories’ rights, vehicles (land, ships, boats or aircraft), copyright, sums of money placed in a safe, etc.
This is without prejudice to the possible intervention, as indicated above, of a Spanish Consul or diplomatic official with consular functions.
The mediation process • Upon receipt of a court decision, the mediator contacts the parties in order to set the date and place of a meeting.
• The mediator explains the rules and the course of mediation proceedings and asks the parties if they agree to mediation.
• Mediation is a discussion between the parties in the presence of a mediator.
The legal remedy of objection (verzet) normally has to be sought within 4 weeks.
After this decision is final, the buyer’s ownership right is registered in the Land Register, and rights and encumbrances are deleted, according to the decision on the allocation.
In this case, the injured party may object once the measure has been adopted.
Article 6 – Means accepted for transmission of requests and other communications Applications can be sent to requested courts in France by post, fax or e-mail.
It may be applied for at any legal aid office, regardless of where the applicant lives.
On matters of proof, Greek law follows the principle of party prosecution (archí tis diáthesis).
Any documents by which civil proceedings in the District, Circuit or High Courts are instituted (including appeals from a lower court) and all subsequent documentation in the proceedings.
Judicial time limits are also defined as preclusive time limits, but they are set by a court or judge.
In principle, the court has to pronounce a ruling one month after the case has been considered pursuant to Section 770 of the Judicial Code.
Applications for refusal of enforcement within the meaning of Article 22 (Refusal of enforcement) of the Regulation are to be submitted, in accordance with Article 115323(1) of the Code of Civil Procedure, to the regional court of the debtor's domicile or registered office or, in the absence of such a court, to the regional court in whose region enforcement is pending or is being carried out.
C. Placing under administration Property that is the subject of a dispute over ownership can be placed under administration by the court.
The bill is sent to the National Council of the Slovak Republic once the Coordination Committee has approved the committees’ joint report by a special resolution.
Reorganisation may also be terminated by an insolvency court decision to convert reorganisation into bankruptcy, which occurs in cases stipulated by law, in particular when problems arise in the approval of and compliance with the reorganisation plan.
Among other things, this covers legal disputes between the child and a parent’s spouse.
Here you can find information relevant to European instruments in civil matters including information and official notifications provided by the Member States.
The proviso is that the case must be urgent and the decision must be an interim decision only, a decision that will not prejudice the case itself.
If an employer is insolvent, the creditor in bankruptcy proceedings in respect of the unemployment insurance premiums not received by the due date is the state.
It is also issued at the request of the probate court in the form of a notarised copy with a restricted validity period.
Advertising of the sale of seized assets and valuation Auctions are advertised through notices published in the ‘Administración de Justicia’ (Administration of Justice) section of the B.O.E.
The general rules apply to filing appeals and to the time limit set for appeals, i.e. they must be lodged at the court bringing a resolution at first instance within 15 days of service of the judgment and they will be judged by the competent regional court (törvényszék).
Provisions of the OZ which prescribe enforcement restrictions, i.e. which exclude certain objects from enforcement, provide protection for the debtor during the enforcement proceedings.
The right to request annulment of a purchase contract owing to excessive loss is barred if the claim has not been brought within one year of the conclusion of the contract.
The criteria for authorising precautionary measures in favour of a creditor who does not yet have an enforceable title are as follows: the claim appears to be founded in principle and recovery of the claim appears to be at risk.
Applications for divorce decrees to be recognised or not recognised must be submitted to the District Court in the district where the applicant is habitually resident or, if they have no habitual residence in Austria, the court in the district where the defendant is habitually resident or, failing that, the Bezirksgericht Innere Stadt Wien.
1.5 Appeal A decision to reject the application can be appealed to the Provincial Court.
These are subject to regular updates and evolutionary interpretation of case-law.
An ancillary complaint relating to a court decision to postpone enforcement of a ruling, to divide enforcement of the ruling into instalments or to amend the form or procedure by which it is enforced may be brought before a higher court within 10 days.
It has to be established what each spouse is entitled to from the joint property.
Furthermore, parents are not obliged to pay maintenance to children who are over the age of 18 and, while being prepared for employment, take up studies and then neglect them, do not make satisfactory progress, do not obtain pass marks and do not pass exams within prescribed deadlines and, for these reasons, fail to complete their studies within the duration specified for their programme of study.
Other situations that can arise include the application for a summons being dismissed; this mainly happens if the district court in question does not have jurisdiction or if the claimant, despite being urged to do so, fails to remedy shortcomings in his or her application for a summons.
In practice, this function is discharged by the Northern Ireland Courts and Tribunals Service (NICTS) (an executive agency of the Department).
What fee, if any, should be paid?
Court of Audit The Court of Audit (Ελεγκτικό Συνέδριο), provided for in Article 98 of the Greek Constitution, is a high court of a dual nature, with judicial and administrative duties.
In the event of withdrawal from or cancellation of the contract, the other party may demand compensation for losses arising from the premature termination of the contract as a creditor in the bankruptcy proceedings or by set-off; 4) the procedure for a residential and commercial lease contract also applies to the leasing contracts entered into by the debtor.
The court which delivered the judgment is competent to examine this application.
If a spouse neglects his or her obligation to pay maintenance or if spouses live separately, one may be ordered to pay maintenance to the other.
The request may be filed directly by a creditor, since representation through a lawyer is not mandatory.
Stage of civil proceedings at which fixed costs must be paid For general civil matters, maintenance matters and marital matters, the court fees are paid when the action is brought or the application is filed.
In the event a specific procedural act has to be performed, the court will set a time limit for its performance.
3.2 the division of property of the spouses Upon divorce, the spouses’ property is divided according to the property regime between them.
The court may also release expert witnesses from their duty, at their request, for other justified reasons (e.g. excessive workload).
2 Implementation of conflict of law rules 2.1 Obligation of the judge to apply conflict of law rules on his own initiative The judge is not obliged to apply these rules on his own initiative.
That decision sets the appropriate duration for a reasonable period of training or education.
This decision is subject to revision in the event of a change in circumstances.
Article 67 (c) The languages accepted for the certificate concerning rights of access and return of the child pursuant to Article 45(2): Latvian, English.
This thesaurus exists in 23 official languages of the European Union.
It contains at least the name of the Community, the territorial limits, the name, organisation and seat of the autonomous institutions and the powers assumed.
If the deceased was unmarried but is survived by his or her children, the children inherit equal shares.
The law applicable to copyright is: the law of the place where the work was first published or, if it has not been published, the personal law of the author, without prejudice to the provisions in special legislation.
The role of the Chamber is to develop and promote the liberal legal professions, including developing and monitoring compliance with good official and professional practice, to draw up recommendations for harmonising professional activities, to organise training, to develop information systems, etc.
29); OJ EU special edition in Polish, Chapter 15, Volume 2, p.
An appeal is to be filed within fifteen days of the delivery of a written decision, at the court whose decision is being challenged.
Court fees to be paid by the claimant include: a) the lawyer’s fees, provided that the relevant proceedings were signed off by a Greek lawyer, amounting to EUR 32, and (b) the court stamp duty paid for the consideration of each court case, amounting to approximately 1.14 % of the total amount requested (principal and interest).
The court appraises the value of assets in the estate, as a rule, according to concurring statements provided by heirs.
Partial permanent incapacity: EUR 75 000.
That is to say, the courts’ obligation to apply foreign law does not depend on whether a party has requested it (Section 2(1) of the PILA).
There are no legal provisions governing audio or video recordings of testimony, but such recordings are admissible.
Legal databases There is still no official legal database.
There are no rules governing legal separation in Swedish law.
1.7 Content of judgment Under the Austrian Code of Civil Procedure, if judgment is pronounced orally, less stringent requirements apply to the written copy of the judgment, irrespective of the amount in dispute.
However, the fine must be imposed also in such cases and the party must be ordered to pay the extra cost incurred.
Access to the register and to a limited amount of information (such as name and address of company) is free of charge.
The principles guaranteeing judicial independence are laid down in the Fundamental Law: judges are subject only to the law, they may not be given instructions on their adjudication activities and they may be removed from office only on the grounds and under the procedures specified by law.
The business reorganisation officer may engage expert assistance.
Types of courts – short description District Courts The Netherlands is divided into 11 districts, each with its own court.
Where, under the law applicable to inheritance succession is vacant, property located/situated in Romania's territory is taken over by the Romanian state as per Romanian law on the award of vacant succession property.
In Estonia the distinction must be drawn between mediation and conciliation.
In that case the letter may be collected from the place designated on the delivery notification or the place agreed between the postal service and the addressee within 15 days, not including the date of remittance.
Europa Analytics Europa Analytics is the corporate service which measures the effectiveness and efficiency of the European Commission's websites on EUROPA.
For more information, see ‘Timeshare’on the European Commission's website.
Section 291 of the German Civil Code 5 percentage points above the basic interest rate stipulated by German law (*) For legal costs, from the date the petition for the assessment of costs is received and from the due date, provided that a petition is not required from the date on which the judgement is pronounced.
However, the lawyers’ ethical code implies such an obligation.
Moreover, it is possible to use the services of so-called marriage and family counselling centres that provide help through qualified psychologists and social workers.
Annex II - The courts or competent authorities to which the application referred to in Article 39 may be submitted - in Cyprus, the District Court (Eparchiakó Dikastírio) or, in the case of a judgment concerning maintenance obligations, the Family Court (Oikogeneiakó Dikastírio).
The notification must also contain brief details of the following: the contents of the document to be served, the name of the court hearing the case, the matter in dispute and the options for collecting the document along with information about the legal consequences of this announcement.
Upon seizure of the right, a creditor obtains a lien.
Once the procedure concerning an application for a declaration of enforceability has been concluded with a final decision, the municipal court (court of first instance) confirms that the declaration of enforceability is enforceable.
3 The evaluation of the evidence As a rule, anything that serves to establish facts relevant for the case may be evidence.
General principles of law are of relevance to government and the dispensation of justice.
The deciding authority does not provide for an interpreter.
Certain intangible assets and rights that can be registered: industrial and intellectual property rights, film exploitation rights, administrative licences and loans in general.
Applications for compensation can be submitted within three years of the date of a crime or of becoming aware of the crime being committed.
Official publication is publicly authentic and legally binding.
Local councils principally adopt ordinances (odloki).
They must be paid when the claim is filed (in person at the court, in cash or by credit or debit card, or remotely by bank transfer to the court’s account, with the reference, ‘court fees’, together with the names of the parties).
From the moment that the commencement of the auction proceedings is recorded in the land register, legal actions by the debtor concerning the property and its accessories, which do not belong to the ordinary administration, are ineffective against the creditors and the bidder.
Cost sources Where can I find information on cost sources in Latvia?
To use a URI, a web address corresponding to the publication data of the announcement of interest must be created.
In rarer cases, presumptions are declared juris et de jure: in this case no evidence to the contrary is admissible.
In Slovakia marriage may only be dissolved by a court.
Accepted languages (Article 20(2)(c)) The languages accepted for registration of European enforcement orders sent by creditors to the French enforcement authorities are French, English, German, Italian and Spanish.
The highest ordinary court is the Federal Court of Justice (Bundesgerichtshof), which is the court of last resort and deals with appeals on points of law only.
If the addressee is hospitalised or imprisoned and, therefore, it is impossible to contact him/her, as confirmed by the management of the hospital or prison referred to in the service report, the document can be served to the manager of the hospital or prison, who is under obligation to deliver the document into the hands of the addressee (131 CCP).
If an action is filed with the court whose jurisdiction covers the residence or registered office of the defendant or with the court of exclusive jurisdiction, the matter is heard in the courthouse whose territorial jurisdiction includes the defendant’s residence or registered office, or the place according to which the exclusive jurisdiction is determined.
A model notice is set out in the Regulation.
Where a party offers to provide evidence by way of one or more witnesses, the court may allow the evidence to be submitted if it is admissible (Section 915 of the Judicial Code).
Certain civil disputes must be brought before specialised courts.
Recognition may be refused if the decision is contrary to public policy, if given in default of appearance, if the respondent was not served with relevant documents in sufficient time, or if it is irreconcilable with a judgment in proceedings between the same parties in Gibraltar, or if it is irreconcilable with an earlier judgment in another country, provided the earlier judgment can be recognised in Gibraltar.
An important difference is that in cases before the sub-district court, the parties have the right to argue their own case, whereas in other cases (before the district court), the parties must be represented by a lawyer.
Before payments are made to creditors, the amount needed for paying the costs of the bankruptcy proceedings is excluded from the bankruptcy estate (distributable estate).
See the answer to question 3.
Paragraph 8 of the transitional provisions of the Act states that civil claims joined to criminal proceedings before the Act comes into force are now to be treated as claims for damages.
This distinction is significant since time limits for performing an action may be extended by mutual agreement of the parties, whereas preparatory time limits may not be extended.
The Director of Public Prosecutions (prosecutor general) conducts criminal cases before the Supreme Court and, in addition, takes part in hearings before the Criminal Cases Review Commission.
Third parties may bring their objections against notarial securing in a procedure before court in accordance with the rules that apply to objections against judicial securing.
In particular cases, depending on the material and family situation of the client, the advocate can set the remuneration at a lower level than that required by the Act on Judicial Costs in Civil Cases (Ustawa o kosztach sądowych w sprawach cywilnych).
The amount of compensation available to other foreign citizens is lower.
Title to immoveable property including titles with a special destination or a survivorship clause will be registered in either the Register of Sasines or the Land Register of Scotland.
The length of individual special limitation periods depends on the nature of the right exercised.
For documents that appeared up to 1 July 2012, the official publication is the one in the print version of the gazette.
Upon request, a court will attach a clause of legal effect and enforceability to an order for payment, electronic order for payment, or a bill-of-exchange (cheque) order for payment.
In England and Wales, ‘legal separation’ is known as ‘Judicial Separation’.
There are no special forms available.
If the spouse who was not primarily responsible for the breakdown of the marriage through violation of matrimonial obligations disagrees with the petition for divorce and would be seriously harmed by the divorce, the court will reject the petition for divorce if extraordinary circumstances indicate that the marriage should be preserved.
Legally binding acts adopted by legislative procedure (such as regulations, directives and framework decisions) are referred to as legislative acts or "legislation".
Petitions and other documents which must be in written form may also be submitted to the court in electronic form, provided that the court can print and make copies of the documents.
The fight against the trafficking of children Guidelines on the protection of child victims of trafficking (UNICEF) The guidelines on the protection of child victims of trafficking set out standards for good practice based on international human rights policies.
A person who is married and has not obtained a divorce in accordance with the procedure laid down by law may not enter into another marriage.
If it finds a procedural irregularity, the appeal court will repeal the order and instruct the court that ordered enforcement to pass a new decision.
c) Appeal against an order denying issuance of an enforcement order.
Is access to the Irish land register free of charge?
Where the applicable law cannot be determined under the these rules, then the law with which they have the closest connection applies.
The procedure for claiming legal aid (‘the proceedings’) begins with the submission of a written application supported by documents proving the facts stated in the application, which the applicant submits on a printed form.
If the second reading in Parliament is not suspended, it is deemed to have ended and the draft legislation is sent for a third reading.
The procedures may therefore vary considerably between Länder.
Before appointing the guardian, the court must hear the minor.
Minimum amount: €500 Maximum amount of the main assistance (and full assistance): €125 000 Am I expected to quote the amount in the claim form?
Mediation is conducted in a manner agreed on by the parties; the procedure is characterised by being optional, by the autonomy of the parties in the procedure, voluntary and consensual, informal and confidential, and the equality of parties to proceedings.
An action for recovery will be brought by the business reorganisation officer or by a creditor whose claim would have been covered by a public composition.
The single-member court of first instance decides in line with a special procedure laid down in Articles 681(B) and (C) of the Code of Civil Procedure.
3 What are the conditions under which an enforceable title or decision may be issued?
3.1 The procedure The procedure under the Enforcement Code Under Section 48 of the Enforcement Code the obligee (i.e. the obligee from an enforceable title; the entity to whom an enforceable decision awards a claim for payment) lodges a petition for enforcement if the obligor does not voluntarily comply with the enforceable decision.
There is information on the number of cases finalised within the past 3 months, 6 months, 1 year, 2 years or more.
Moreover, enforcement procedures must be limited to that which proves necessary to recover the claim and there must be no abuse in the choice of these measures.
Article 19 – Defendant not entering an appearance Where the conditions of Article 19(2) are fulfilled, German courts may give judgment where a writ of summons or equivalent document has been publicly served in the Federal Republic of Germany.
However if judgment is given against a person and such person has not been duly notified in advance by summons, such person may within three months from the judgment, request that the case be heard again.
It consists of a search engine for expressions and phrases used in all areas of European Union activity.
It requires rather professional knowledge of the target language in order to be used properly.
Applicable income threshold in the area of criminal justice for victims There is no full criminal legal aid available to victims in criminal cases.
If the financial circumstances of the grandparents are unequal, a court may define their obligations, commensurate to the financial situation of each grandparent.
Which court has jurisdiction will depend on the nature and seriousness of the offence or on the status of the parties (trader, journalist, etc.).
Every creditor who is affected by a confirmed compulsory settlement may ask the court to annul the confirmed compulsory settlement where the insolvent debtor can pay the creditor’s claim in full.
The legal consequences of a divorce (e.g. division of marital property) may be set out in an agreement between the spouses involved.
The Civil Code of the Republic of Lithuania establishes customs as a direct source of law.
2.2.2 Exceptions to the basic rule An action against a citizen of the Republic of Estonia living in a foreign state in respect of whom extraterritoriality applies or against a citizen of the Republic of Estonia working in a foreign state who is a civil servant can be filed with the court whose jurisdiction covers the person’s last residence in Estonia.
No No as to further proceedings before another internal court (Constitutional Court…)?
the European Court of Justice?
the Court of Human Rights?
Discussion of the bill In accordance with the rules of procedure of the National Council of the Slovak Republic (Act No 350/1996), bills go through three readings: The first reading involves a general debate on the substance or what is known as the ‘philosophy’ of the proposed law.
Postal address: CONTACT_INFO.
If the documentation submitted is incomplete, the judge may allow a single period of five days to complete it.
Slovak law does not provide for legal separation.
If the child is unable to obtain maintenance from the party who is obliged to provide it under either of those laws, and both parties are citizens of the same state, the law to be applied is the law of that state.
The statement of claim must be signed by the plaintiff or his or her representative.
Access to the DAS Register is free.
Can I appeal against such a decision or seek other means of redress/satisfaction?
In practice, your lawyer will often advance this amount and subsequently charge it to you.
If no evidence of submitting the claim within the established time limit has been presented, the court cancels the interim measures ex officio – as per Article 390 (3) of the CPC.
This means the sending of a simple e-mail without the need to sign it digitally or to authenticate it in any other manner, in order to simplify the work of the courts when handling documents.
Those individuals are then responsible for taking the necessary steps to issue declarations of acceptance or renunciation, which are then used to establish to whom and in what proportion the succession property is bequeathed.
The insolvency court also immediately publishes any change to the list of claims lodged in the insolvency register.
Bidders are not required to prove their identity.
An objection may be entered within two weeks after service.
He must tell the truth and not conceal anything.
Mediation is entirely voluntary.
Combined together, the compensations cannot ever exceed the value of the damage caused.
If the liquidation proceedings are closed without a legal successor to the debtor, upon notification from the court the commercial court strikes the debtor dissolved by liquidation off the commercial register, or the civil society organisation from the register of civil society organisations.
If the police suspect that you have committed a crime, you will be charged.
Example: The ECLI for the decision of the Federal Labour Court of 7 January 2015 with reference number 10 AZB 109/14 is: ECLI:DE:BAG:2015:070115.B.10AZB109.14.0
The Supreme Court is the court of appeal on points of law (kasācijas instance), unless the law provides otherwise.
In the case of cross-border maintenance cases, legal aid and advice as well as state legal aid and procedural aid are available from the central authority, i.e. the International Judicial Cooperation Division of the Ministry of Justice, in accordance with Council Regulation (EC) No 4/2009 and, as regards the parts not covered by the Regulation, on the basis of national law.
This factsheet was prepared in cooperation with the Council of the Notariats of the EU (CNUE).
Assessors at the disability tribunals Assessors at the disability tribunals (tribunaux du contentieux de l’incapacité) are appointed for three years by the first president of the court of appeal with jurisdiction in the area, by the regional director for young people, sport and social cohesion from lists drawn up following nominations by the most representative trade and professional organisations.
International agreements and the fundamental principles of international law The government of Hungary may conclude international agreements with other states / the governments of other states.
In Northern Ireland, the provision of legal aid is the responsibility of the Northern Ireland Legal Services Commission.
The Universal Postal Union Convention does not contain any provisions to address the issue of whether it is permissible to deposit the document and, if so, under what conditions.
If you have suffered wrongful damage, you have the option of bringing your case before the courts where the damage occurred.
However, the court may, in certain circumstances, grant leave to apply outside that period.
History of the land register The database which was the precursor to the current land register was started in the final years of the Ottoman Empire on 21 April 1858, with the adoption of the Ottoman Land Code (Οθωμανικός Κώδικας περί Γαιών).
Please note that an unrestricted search in the data of all German insolvency courts is only possible in the first two weeks following the first day of publication.
Facts established in a judgment that has taken legal effect in one civil dispute need not be proved again in other civil disputes involving the same parties.
An agreement reached through the Public Conciliator to resolve a collective labour dispute is binding on both parties and is valid from the date on which it is signed, unless another deadline for entry into force is agreed upon.
Except in cases where the claim does not exceed €1 240, judgments of the civil magistrate are open to appeal before the court of first instance or the commercial court, depending on whether the dispute is of a civil or commercial nature.
The country qualifies as the place of business if the place of departure or destination or, in the case of a contract for carriage of goods, the principal place of business of the consignor or the place of loading or discharge is also situated in the same country (Sections 33(4) and (5) of the PILA).
The trustee requires court authorisation to dispose of or encumber assets under trusteeship.
Article 50(1)(o) – Languages accepted for translations of the documents Not applicable.
However, this does not apply if the addressee was not able to find out about the served documents in time because he or she was absent from the delivery location.
Annex IV- The appeals which may be lodged pursuant to Article 44 - in Luxembourg, an appeal in cassation.
Courts may also decide in civil and administrative court proceedings, either on their own initiative or at the request of the individual in question, to publish only the operative part of a judgment containing sensitive personal data or not to publish it at all, if replacing the name of the individual with initials or other characters might prejudice his or her privacy.
The examination of the parties also constitutes evidence.
The applicant bears the risk associated with enforcement (see above).
If a child’s parents wish to enter into a written agreement on maintenance payable in respect of a child and ask the Municipal Board of Social Welfare to endorse this arrangement, they must conclude the agreement using a form approved by the Ministry of Justice.
In order to exercise these powers, each community and region has a parliament.
How to find a mediator in Slovakia The Slovak mediators' database is owned and maintained by the Slovak Ministry of Justice, and is only available in the Slovak language.
In divorce and separation cases, 100% of the fees are reimbursed.
The SMN office also receives telephone enquires and directs the public to the appropriate mediation services.
Articles 192 to 217 of the Code of Civil Procedure lay down the following rules regulating methods of obtaining evidence from witnesses and expert witnesses: The witness examination procedure Each witness is summoned to a courtroom and examined individually.
The Legal Framework in Civil and Commercial Matters 5.
Whether a certain object or a right may be subject to enforcement, i.e. whether the enforcement of an object or a right has been limited, is evaluated with regard to the circumstances that existed at the time the enforcement application was submitted, unless explicitly otherwise provided for by the OZ.
Short description of the possible results of the procedure/proceedings.
Granting of refugee status, humanitarian status or rejection of the asylum application.
If the creditor or the enforcement officer become aware that the debtor is deceased, the former is obliged to request that the competent chamber of the civil notaries for the last domicile of the deceased register it in the special register for opening the compulsory execution and issue a certificate.
Any person whose evidence is deemed necessary may be examined provided that the request for taking evidence falls under the scope of Regulation (EC) No 1206/2001 and is not incompatible with national law.
In line with a predefined work timetable, the court instructs a notary to manage the succession proceedings.
After this, the prosecutor undergoes a two-year course of training while working as a prosecutor, before being appointed District Prosecutor.
The exact value for married couples, registered partners or people living together is determined on the basis of data from the tax authorities.
His/her understanding of the legal system or systems and the legal processes involved will ensure that the legal translator can assist you in your legal actions.
There is no hierarchical relationship between courts: there are only courts with different jurisdictions.
By way of such interim measures, the insolvency court may inter alia: appoint an interim trustee; limit some of the effects associated with the initiation of insolvency proceedings; order any of the insolvency petitioners to lodge a security covering compensation for damage or other loss incurred by the debtor.
1.7 Effect of statement of opposition If a statement of opposition has been submitted correctly, the judge sets the date for the hearing and orders the statement to be served on the claimant.
Apart from the general particulars, an application instituting proceedings must provide certain specific information as set out in Section 79 of the Code of Civil Procedure.
You can also benefit from various forms of assistance and may be able to claim compensation for the damages caused by the crime.
Family mediation is conceived in Spanish law as an alternative to strictly judicial resolution of family disputes.
The party imposing attachment is protected against juristic acts performed by the debtor after the attachment.
If a dispute cannot be resolved in the hearing, it is to be resolved separately in a civil procedure.
It provides emotional support, practical help and essential information to victims, witnesses and others affected by crime.
The plaintiff must substantiate his or her claims and the defendant must substantiate his or her objections.
If the court interprets the content of a document that has been obtained lawfully in a manner that is incompatible with its actual wording, it violates the status of formal documents as proof.
Its main objective is to support the victims of crime.
Under normal circumstances, claimants must assert all the facts in support of their claim and defendants must assert all the fact in support of their objections.
1 How is the disposition of property upon death (will, joint will, agreement on succession) drawn up?
Appeals against decisions of the regional courts are adjudicated by the regional courts of appeal.
If more than one expert witness is appointed, they may give their findings and opinions jointly, if they agree on them.
The court also has power to impose a travel ban.
The mediator is there to help the parties reach an amicable settlement.
Ordinary courts Judgments of ordinary courts are available on the National Courts Portal website.
The Regulation also lays down specific rules on how to determine the applicable law for specific types of non-contractual obligations, such as unfair competition and product liability.
The director is not required to hold a law degree.
There is no obligation to use forms.
In principle, all property acquired by either spouse before or during the course of the marriage forms part of the joint property.
A registered letter costs around EUR 3.00 in Austria.
A court must set out in its judgment why it has given preference to one item of evidence in preference to another, and has found certain facts to be proven and others not.
The aim of the conciliation process is to help the parents reach an agreement; see further information on conciliation.
Beneficiaries are entitled to: compensation for damage to housing: For habitual residences of natural persons, compensation can be paid for damage to the structure, equipment and furniture which it is necessary to replace in order to restore it to the former conditions of habitability, with the exception of certain luxury elements.
Court proceedings in the Czech Republic are subject to a court fee (see Act No 549/1991, on court fees, as amended).
The establishment, content and expiry of industrial property rights shall be subject to law of the state where the deposit or registration was performed or where the application for deposit or registration was lodged.
Pursuant to Section 18(2) of the Civil Procedure Code, a court will appoint an interpreter for a party whose mother tongue is a language other than Czech as soon as such need becomes apparent in the proceedings.
Your claim may exceptionally fail to reach the designated court.
For selected property and for certain aspects of rights in rem the Act nevertheless contains special conflict of law rules – see below: Rights in rem to ships and aircraft that are recorded in a public register, the establishment and expiration of which are governed by the law of the State where the register is kept.
A case against a trader involving a dispute which has arisen in connection with a business activity can be brought at the place of business in some cases.
3rd class If neither the spouse nor any of the parents inherit, the beneficiaries in the third class, inheriting in equal proportions, include the deceased’s siblings and anyone who lived with the deceased in a common household for at least one year before his or her death and who for that reason took care of the common household, or was dependent on the deceased for maintenance.
BACKGROUND For more information, see: ‘Price indication’ on the European Commission's website.
These courts hear appeals filed against decisions handed down by local and general courts before 31 December 2012 or by district and general courts after 1 January 2013 in cases specified by law, and hear other cases referred to their jurisdiction by law.
Related links Ministry of Justice
The criteria for selecting and applying penalties will be defined in the above Presidential Decree.
How to search the Hungarian land registry In general, you can carry out a search based on: Parcel number; Parcel number interval; or Address of the property.
In the case of divorce of the parents, the agreement between the parents on the method of performance of parental responsibility must regulate how each of the parents will care for the child after the divorce.
Composition is an agreement between a debtor and the creditors concerning the payment of debts and it involves reduction of the debts or extension of the term for payment.
At the meetings, the Chamber of Bailiffs and Trustees in Bankruptcy is represented by different representatives of occupational and professional bodies, while the Estonian Lawyers’ Association is usually represented by its director.
At the first hearing, the court determines the legal court fees to be paid and duly requests the party to pay any shortfall.
They also play a special role in the administration of the judicial system.
Property seized as a precautionary measure is placed under the responsibility of the debtor who is made its "custodian".
The seizure is not enforceable against third parties.
More detailed rules for submitting electronic documents to the courts and the format requirements for documents are laid down in a Regulation enacted by the Minister for Justice.
If the other party to the transaction was a close relative of the debtor, the person in question is deemed to have been aware of the factors listed above, unless they can prove that they acted in good faith.
On the following pages: EU courts, Member State judicial systems, you can find information on the organisation of courts and the relevant procedures.
BUSINESS REORGANISATION General A trader who is experiencing payment difficulties may be permitted by a court decision to undergo a special procedure in order to reorganise his or her business (företagsrekonstruktion).
If the general section of the Courts Portal is used, the search results will be writs of summons published by all courts, and if a section dedicated to a particular court is used (e.g. the Bucharest Tribunal), the search results will be only writs of summons published by that court.
1.5 Appeal The debtor may file an action for annulment of the order for payment within 10 days from the date when that order was handed over to or served on them.
If the trustee fails to give notice in time of performing the obligation or of waiving it, the trustee does not have the right to require the other party to honour the contract before the trustee has performed the debtor’s obligation.
Yes, access to the register is free.
An advanced electronic signature can be obtained by purchasing a qualified certificate from an accredited certification authority.
You may also receive various forms of assistance and support and receive compensation or damages arising from the offence.
If the person taking delivery refuses to provide confirmation, the delivery agent must note this fact on the proof of delivery along with the date and, where applicable, state how the person taking delivery is related to the addressee.
Statements are made and any evidence relevant to the matter of whether or not to adopt precautionary measures can be produced; where appropriate, the guarantee to be required from the party requesting the precautionary measure is considered, in case the application is dismissed.
Notice of the objection is served on the applicant, who has 10 days in which to lodge a written challenge.
The Swedish Companies Registration Office manages several registers which provide information on registered companies.
The Swedish Companies Registration Office does not keep a single, coherent register of natural and legal persons which have been declared bankrupt.
The Disputes Division is composed of 10 subdivisions specialising in different types of dispute.
Consent of the Bundesrat Through the Bundesrat the Länder are involved in the shaping of every piece of legislation.
These users include German courts, public authorities, notaries, credit institutions and utility companies.
In sub-district court cases, the choice of court is limited.
Depending on the type of procedure, the summons is issued either by the court registry or by a bailiff.
If the defendant is convicted, he or she must reimburse the State for public funds spent pursuant to the court decision on remuneration for his or her defence counsel.
Once the observations have been received, or the time‑limit for the receipt of observations has expired, the judge sets a date for the court hearing.
Claimants can, however, bring the claim forward again by following the ordinary procedure (not the expedited procedure).
See “Automatic processing – Finland”.
Article 19 – Defendant not entering an appearance Notwithstanding the provisions of paragraph 1, a French judge may give judgment if all the conditions laid down in paragraph 2 are met.
Court fees for online uploads are paid by direct debit.
Which losses and expenses are covered by the compensation?
(a) For the victim of the offence: - Material (non-psychological) damage: medical costs of injury (medical treatment — ambulant and hospital treatment, recovery) The immediate victim has the right to compensation of healthcare costs amounting to the health care threshold laid down in the regulations on compulsory health care insurance in the Republic of Croatia.
The relationships between parents and children are governed: by the common national law of the parents or, failing this, by the law of the common habitual residence of the parents or, should the parents reside in different States, by the personal law of the child.
In addition, through provisional registration the Register can record provisional situations that affect rights in rem related to real estate.
If an asset is indivisible and cannot be allocated to any share, the court orders its sale at a public auction.
This compulsory financial penalty is added to the penalty interest, where applicable, or to the compensation owed, in accordance with Article 829 a (4) of the Portuguese Civil Code.
The individual's place of residence is subject to national law.
In addition the petition must list the parties’ first names, surnames and places of residence (and the same for their representatives, if they have them), their nationality, a faithful account of the key facts and a list of the evidence the petitioner is relying on; the petition should also make it clear what the petitioner seeks.
The natural parents of an adopted child and other blood relatives of a higher degree in the line of descent do not inherit by intestate succession after the death of the adopted child or his or her descendants.
Information on timetables and appearance before the court is provided at a later stage.
Legal separation does not cancel the marriage relationship but weakens it.
These restrictions do not apply to the sale of assets that are highly perishable, depreciate rapidly in value or are excessively expensive to store or preserve.
If the application requests a pledge of income, they must specify the property to which this relates, and the enforcement agent will order that the property considered is sufficient to meet maintenance that is overdue and will become due be pledged.
Interest is payable from the date when the payment was made, up to and including the date of repayment, or, if the repayment is not made in good time, up to and including the date from which interest becomes payable under the rules on outstanding claims.
Annulment means that, at the time the marriage was entered into, the conditions required by law for a marriage to be deemed valid were not in place (e.g. there was no free will, consent was forced or given in error, the marriage was not contracted in accordance with the prescribed procedure, was contracted between close relatives, or was entered into by a severely mentally ill person or with insufficient forethought).
There are a number of agencies within Northern Ireland that provide mediation services (for example Relate).
The enforcement of a European order for payment is governed by the national law of the Member State of enforcement, unless the EOP Regulation stipulates otherwise.
1.3 Formal requirements 1.3.1 Is the use of a standardised form obligatory?
(if yes, where can that form be obtained?)
Parallel to the introduction of the land register registration system, work was undertaken to develop dissemination and improve the website.
The maintenance obligation is also regulated by the Act on Registered Partnership.
Article 403(1)(2) of the Code of Civil Procedure stipulates that a judgment obtained by means of crime may be revised.
Cases concerning administrative infringements are heard by district or city courts and regional courts having jurisdiction in civil and criminal matters.
An electronic signature is required in order to guarantee the authenticity of the contents and provide proof of sending and receipt.
The person to whom the letter is given signs and dates the acknowledgment of receipt and the postal service returns it to the sender.
Yes, Cyprus is bound by the 2007 Hague Protocol.
A legal act may be contested even against the heir or other universal legal successor of the opposing party.
At the end of the succession proceedings the notary issues a certificate of succession, which is deemed to be a court order.
Under the law, the obligation to pay maintenance on a periodic basis lapses if the party entitled to maintenance remarries.
The court decides which of the spouses is to exercise parental rights, laying down measures concerning the exercise of those rights, contacts between the children and the parents and the maintenance of the children.
In those Autonomous Communities that have their own language (Catalonia, Valencia, the Balearic Islands, Galicia and the Basque Country), that language may also be used.
The wife may, on separation, choose to revert to her maiden surname but a declaration of such choice shall be made in the public deed of separation, and in the case of a judicial separation, by a note filed in the records of the case before judgment.
If a recipient cannot be expected to be able to use the information system used for the service of procedural documents or if service through the information system is technically impossible, the court may also serve procedural documents on the recipient electronically by e-mail or fax.
For temporary incapacity: 4 months.
Documents that do not need to be signed in person may be submitted electronically.
The court order of attachment informs the third person, who becomes an attached third person, that they are prohibited to pay to the debtor the monies or movable assets they owe or they will owe, stating that they are subject to attachment insofar as it is necessary to achieve the obligation enforced.
The law governing the invalidity of marriage (non-existence and nullity) is any law according to which the marriage was contracted.
Reorganization Proceedings (Company Recovery) No ad-hoc enactments deal with creditors' rights after the closure of insolvency proceedings.
Such interested persons will be specifically advised in the summons that, until a first-instance decision on succession is rendered, they may make a declaration of waiver of the succession orally at the hearing or publicly by a certified document and that, by failing to appear at the hearing or make such a declaration, they will be deemed to wish to be heirs.
Jurisdiction over ordinary civil and criminal matters is exercised by magistrates belonging to the judicial order, which is divided into judges on the one hand and magistrates of the public prosecutor's office on the other, fulfilling the roles of judges and investigators respectively.
Click on the below link to view all competent authorities related to this Article.List of competent authorities Article 2(4)(c) – Means of receipt of documents - Article 2(4)(c) Documents may be received by post in the Republic of Croatia.
An application for a maintenance order in respect of an adult person is binding on the court as it does not involve a minor child protection case within the meaning of Section 176 et seq. of the Code of Civil Procedure, but rather an ordinary contentious proceeding.
Under Article 949 PGR, entry in the business register has the effect of disclosure, and once registration has taken effect with respect to third parties a person is no longer entitled to object that they were unaware of the entry.
Τhe Supreme Court may annul any executive administrative act that is in excess or abuse of power or contrary to the law or the Constitution.
The EU will not divulge your personal data for direct marketing purposes; How you can access your information, verify its accuracy and, if necessary, correct it.
There is an incontestable statutory presumption that parties to insolvency proceedings and every other person become aware of court decisions, petitions of other parties to proceedings and other legal acts eight days after they are published.
Overindebtedness is deemed to exist if the assets of the debtor, as a legal person, no longer cover their existing liabilities.
After the initiation of proceedings on the substance of the case, the parties have a right to respond to the evidence offered and to all evidence taken.
For example: ‘Jurisdiction’ box: select the area of interest: civil, criminal, contentious administrative, employment, military.
The Act provides that the applicant must demonstrate the facts which in the applicant's opinion justify annulling the European order for payment.
The trustee may not conclude any transactions with themselves or with persons related to them in respect of or on the account of the bankruptcy estate or conclude any other transactions of similar nature or involving a conflict of interests or request compensation for the expenses incurred in such transactions.
When one or both spouses engage(s) in a transaction with a third party, where a property regime is not recorded in the register, the statutory matrimonial property regime applies.
The unenforceability of the debtor’s legal acts is established by an insolvency court ruling on an action brought by the insolvency practitioner protesting the debtor’s legal acts (an action to set a transaction aside).
The probate court may only order that the estate be placed into administration at the request of an authorised person (heir, executor, creditor of the estate, purchaser of the total inheritance or subsequent heir).
Simplified service is done by posting the document to the last known address of the person sought and then sending an advisory notice to the same address on the next working day, stating that the document has been sent.
Information and training There is no national training organisation for mediators.
They are obliged to treat as confidential the information that they obtain in the performance of their work.
The requirement to give reasons, like the independence of the judiciary, protects the litigant against possible arbitrary action, and he or she can decide in the light of the reasons given whether to lodge an appeal before an appeal court or the Court of Cassation (Cour de cassation/Hof van Cassatie).
In what languages can I obtain information on cost sources in Northern Ireland?
The principle is that costs are awarded to the successful party.
Witnesses are examined separately and only if it is deemed essential can they be confronted with other witnesses or with the parties.
Representation by a lawyer is obligatory in proceedings involving extraordinary legal remedies.
It is not possible to appeal against the instrument granting enforcement.
Under Article 12, where an agreement has been signed by parties located in the same country, a natural person who has capacity to sign the agreement under the law of that country may invoke incapacity pursuant to the law referred to in Article 11(1) only where the other party was aware of that incapacity when they signed the agreement or where the other party was negligently unaware of that incapacity at that point in time.
The order made in the interlocutory proceedings cannot prejudge the judgment on the merits in the main proceedings, which means that it is binding only on the parties.
A buyer must pay the purchase price and take possession of the property immediately after the auction is completed.
The deadline for lodging an appeal does not by itself suspend enforcement; the appellant needs to lodge a reasoned request for this purpose.
When the court issues a judgment granting legal separation, the spouses no longer live together, but their other rights and obligations are not extinguished.
The parent liable for maintenance must repay the State, according to his or her income and the total number of children in respect of whom he or she is liable for child maintenance.
They depend on the time and effort involved.
A court may entrust a child into foster care for a temporary period (for example for the duration of a parent’s stay in a treatment facility) as well as for an unspecified period of time.
The regional administrative courts are composed of three professional judges and two lay judges.
The list of public mediators can be found on the website referred to above.
Article 19 – Defendant not entering an appearance The Lithuanian authorities declare that the Lithuanian courts may give judgment even if no certificate of service or delivery has been received if all the conditions laid down in Article 19(2) of the Regulation are met.
Article 13 – Service by diplomatic or consular agents Romania declares that diplomatic agents and foreign consular agents may serve judicial and extra-judicial documents on Romanian territory only to citizens of the country they represent.
Assets belonging to the bankruptcy estate may not be transferred to the estate administrator, or assistants of the estate administrator or to persons connected to the estate administrator or an assistant.
The precautionary filing of a claim is permitted when this refers to assets or rights subject to inscription in public registries, or other registry entries in cases where the public nature of the registry may help to achieve a satisfactory outcome.
DEBT RESTRUCTURING There are no special rules concerning the effect of a debt restructuring on a current contract.
In the case of divorce by petition, the spouses may declare that they have reached a settlement in which they are bound to agree on the matters concerning the exercise of parental rights, access to and maintenance of the children born of the marriage, the division of property, the use of the family home, maintenance between the spouses and the use of the husband’s surname.
Claiming compensation from the offender Click on the link for more information on how to claim compensation from the offender during a trial (criminal proceedings).
Witnesses are rarely heard in the Court of Appeal.
1.7 Effect of statement of opposition If a defendant enters a defence within the time allowed by the rules or by the court as the case may be, then the case will proceed in the normal way.
In other words, in many straightforward debt collection cases, the plaintiff/claimant can obtain judgment in default without having to go to court and can obtain the judgment from the relevant court office though an administrative procedure.
Cost-free court proceedings Defendants do not have to pay any fixed costs in cases that are to be heard by a sub-district court or tenancy tribunal.
Tacit choice of court is possible if all interested parties summoned appear and do not invoke lack of jurisdiction, or if the other spouse fails to appear.
3 Are there restrictions on the freedom to dispose of property upon death (e.g. reserved share)?
Dissolution of marriage by a notary If a marriage is to be dissolved by a notary, there is no specific territorial jurisdiction – the parties may approach any notary anywhere in the country.
In Latvia the Courts with competence to consider appeals against decisions on applications for a declaration of enforceability in accordance with Article 32(2) of the Regulation are regional Courts, through the intermediation of the relevant district (or city district) Court.
Another measure is the recovery of general proceeds from immovable property.
Relatives having a maintenance obligation who provide for the maintenance or take care of the person entitled to receive maintenance may bring a legal action in their own right against the other parties having a maintenance obligation (Section 4:208(2) of the Civil Code).
If this court cannot be identified, the competent court is the court of the place where the decision on security is to be implemented or, in the absence of this basis or if the decision on security is to be implemented within the jurisdiction of different courts, the district court (sąd rejonowy) for the capital city of Warsaw.
The general trend is towards a constant increase in the use of electronic service.
To institute or facilitate proceedings, secure the necessary temporary measures and obtain evidence, the Administration of the Fund has the right to apply to courts in Latvia on behalf of the respective claimants or applicants.
People under the age of 25 or older than 63 years cannot be appointed as lay judges.
The creditor must also know the address of the debtor; he need only give the date of birth if he wants to apply for salary enforcement, but does not know the payment office.
The business and public files contain documents that a legal entity, a self-employed person or the branch of a foreign company has submitted to the registrar in accordance with law, for instance the articles of incorporation or association and other documents entered in the public record.
KEY POINTS The goods and services involved, circumstances of the transaction and all the other terms and conditions determine whether a provision in a contract is fair or not.
Service of a judicial document means delivery of a document to its recipient in a manner that allows recipients to examine the document in time to exercise and protect their rights.
This means that if there is no property of such a value, the surviving spouse inherits all the property that exists.
Numerous organisations provide mediation services.
This does not restrict the powers of the National Assembly, which may consider any regulatory field under its authority.
Secondary law comprises so-called unilateral acts and agreements.
Romanian courts receive a reduced number of letters rogatory requesting a person’s address/registered office, and it is difficult to assess whether there is a uniform practice.
Finally, after the auditor has taxed the account and after the sheriff has decided on any objections to the auditor’s report, the court will make an order for payment of the taxed expenses.
Courts must administer justice in accordance with the Constitution and other laws.
The seized property is valued by the bailiff or by an expert hired by the bailiff, at his or her discretion, for that purpose.
National courts Nicosia District Court (Eparchiakó Dikastírio Lefkosías) CONTACT_INFO CONTACT_INFO Limassol District Court (Eparchiakó Dikastírio Lemesoú) CONTACT_INFO Larnaca District Court (Eparchiakó Dikastírio Lárnakas) CONTACT_INFO
The official language in all courts is German.
Failure to implement the enforcement measure does not constitute grounds for discontinuing proceedings.
In accordance with the hierarchy of the respective courts, there are three types of administrative and tax court judge: Judges of the Supreme Administrative Court (Supremo Tribunal Administrativo), designated as Conselheiros; Judges of the Central Administrative Courts, designated as Desembargadores; Circuit administrative court and tax court judges, designated as Juízes de Direito.
Subject to a positive comprehensive appraisal of their performance, judges acquire tenure by decision of the Supreme Judicial Council after five years in office.
The first two stages of the criminal procedure in Romania are: the criminal investigation and the trial.
However, where that parties costs fall to be paid by another party by a decision of the court the fees paid to a translator/interpreter are subject to taxation (assessment) by the taxing master (i.e. legal costs assessor).
In any event, the document shall be served at the office of the ship-owner in Greece or, otherwise, at the office of the ship agent at a Greek port, if any (132.2 CCP).
Consequences of the divorce with regard to parental responsibility The responsibility to take care of a child does not end if the child no longer lives with one or both of the parents.
At this stage of the case, the police make inquiries under the supervision of the public prosecutor.
If the debtor has disposed of their future claims before the declaration of bankruptcy, the disposition will become null and void when bankruptcy is declared in respect of the claims that have arisen after the declaration of bankruptcy.
Pursuant to Article 21(3) of Regulation (EC) No 2201/2003 any interested party may apply for a decision that the judgment given in another Member State not be recognised.
Settlements reached as a result of procedures before 'courts of honour' (sudovi časti) in chambers in the Republic of Croatia and settlements reached in mediation procedures in accordance with the provisions of the law governing mediation procedures, 7.
Claims exceeding EUR 10 000 are resolved by a court.
Labour courts have jurisdiction to adjudicate on individual labour disputes (disputes arising from employment relations, disputes relating to property rights relating to such relations), collective labour disputes (disputes in which one of the parties is usually a trade union or other institutional form of employee representation), disputes relating to the legality of strikes, and disputes relating to employee rights to employee participation in company management), which is enshrined in Slovenian law.
The court will summon the parties and serve a copy of the request to the opposing party.
A case may, for example, be resolved by a single judge, without an oral preparatory session, or by an entirely written procedure.
If the spouses do not have a common place of habitual residence, the laws of the country in which they had their last common place of habitual residence apply, or failing that, the laws of the country of the court.
European Union law does not regulate the conditions for exercising a legal profession.
With regard to the medium: a) Computer file in XML format, with the specifications published on the Citius Portal; b) On paper, using the form approved by Implementing Order No 808/2005 9 September 2005; c) On an electronic form.
7) The amounts seized in accordance with this provision may be transferred directly to the party seeking enforcement, into an account previously designated by that party, if approval is granted by the Court Clerk responsible for the enforcement.
The court may order evidence to be taken by examination of the parties if the fact at issue cannot be proved otherwise and if the party to be examined agrees therewith.
More information on mediation is available from the “Relate NI” website and “UK College of Family Mediators website.
In certain cases defined in legislation, a plaintiff has certain rights to choose to bring a claim either before a court which is determined by the defendant’s declared place of residence or registered office or before another court.
Annex III - The courts with which appeals referred to in Article 43(2) may be lodged - in Slovenia, the okrožno sodišče.
This petition must specify the surname, first names and domicile or place of residence of the spouses.
Is access to the Swedish business register free of charge?
The rules are laid down by the New Code of Civil Procedure and by the Grand-Ducal Regulation of 21 March 1974 on the fees and remuneration payable to solicitors (avoués) and lawyers.
Their accuracy is also fully presumed for the purposes of evidence.
Information on the various intellectual property rights is maintained centrally by a single body, the National Institute for Industrial Property (INPI), which provides access to various documentary records through its website.
Documents to be served personally are deemed delivered on the tenth day after the day on which the document was ready for collection (i.e., from the date on which the document was deposited at a post office or at court, or when a notice requesting the collection of the document was posted on the court’s official notice board, if a notice cannot be left at the place of delivery).
Where the parties opt for mediation, the court proceedings are suspended.
The addressee is informed of this period and the fact that the documents can be collected at the post office by way of a delivery notice that the postal service leaves in the mailbox whenever the postman does not find anyone at home.
2013, p.1) Denmark and the United Kingdom are not bound by the 2007 Hague Protocol.
Relevant courts Supreme Court Judgments of the Supreme Court are available in the case-law database and on the Supreme Court website.
At the same time, the Institute strives to raise the awareness of international bodies - and of the general public abroad - concerning the practical arrangements in place to ensure that human rights are observed and safeguarded in Romania.
The Ministry evaluates the legality of the regulations within a month of receiving them and sends the local council its opinion.
But third parties may rely upon such voluntarily published translations, unless the company can show that they were aware of the version referred to in Article 67(1)(2) of the Companies Code, which refers to certified copies of authentic documents, duplicates or originals of private deeds, and statements that must be filed, in electronic form or not, with the registry of the commercial court.
Any lawsuits which are pending at the date of declaration of insolvency will be continued by the administrator if the debtor is the creditor in those lawsuits.
Legislation is divided into acts, ordinances and regulations.
He or she may practise individually or in a law firm.
Publication and effect of entries in the business register Public naturs of the busines register The business register, including notifications and supporting documents, is public.
When a petition is lodged, the application for measures to be applied is to be submitted to the court ruling on the petition.
It decides autonomously, in conformity with the Constitution and law, on the appointment, promotion, transfer, dismissal and disciplinary responsibility of judges and presidents of courts, except in the case of the President of the Supreme Court of the Republic of Croatia.
Where appropriate, the insolvency practitioner conducts the necessary investigation into the claims, in cooperation with the authorities, which are obliged to provide such cooperation.
Provincial courts – The provincial courts act as courts of first and second instance.
The general court, acting as a court of first instance, also conducts its proceedings in a panel consisting of one professional judge and two assessors.
An application for measures to secure a claim is to be adjudicated by the court of the place where the debtor has its registered office (Section 341.1 of the Law).
The decision establishes the scope of the estate, and announces the heirs and legatees, as well as any other persons with an entitlement to a portion of the estate.
The addressee is informed about the depositing of the postal item through a written notice requesting that he collect the article, which the serving body leaves in his house mailbox.
Information about public auctions on line The Enforcement Authority has since 2014 been able to conduct electronic auctions, known as on-line auctions.
On 1 January 2013 there were 452 such judges.
The European Commission may revise the Disclaimer and the Terms and conditions indicated below at any time without prior notice and you should always refer to the current version of this text as published on the web site.
An injunction is either : (i) permanent, (ii) for a specified period of time, or (iii) granted on a temporary basis pending the trial of the action.
The decision on maintenance support is taken after an application to the Social Insurance Office, the authority that administers social insurance.
Upon the appointment of a liquidator the powers of the directors cease, except to the extent that a general meeting of the company or the liquidator approves their continuation.
Anyone who discovers or who has reasonable suspicion that his or her personal data are being processed in violation of the right to the protection of his or her private and personal life and in violation of the Personal Data Protection Act – for example, if the personal data being processed are inaccurate or go beyond the purpose for which they were requested – has the right to make a submission to the Office.
If insolvency proceedings are applied for by the debtor (voluntary proceedings), it must justify before the court that it is currently insolvent or will be so imminently; that is, that it cannot pay its liabilities on a regular basis.
10 Which documents are typically issued under national law in the course of or at the end of succession proceedings proving the status and rights of the beneficiaries?
A deposit of LTL 1 000 is charged in the case of requests for interim measures relating to cases pending in national or foreign courts of arbitration or in foreign courts.
In the future, candidates will receive training.
A defendant who fails to appear on that date and is not represented in court by his lawyer shall be declared to be in default only if he was summoned to attend the proceedings on that date with due regard for the time limit prescribed for a summons or the time limit set by the interim relief judge at the claimant’s request.
Documents can include paper documents, computer records, photographs, and video and sound recordings.
The burden of proving certain facts will lie with the claimant, of certain other facts – with the defendants.
Legal representatives can play an important role by providing the legal information necessary for the parties to make informed decisions.
Acts are adopted by the Riksdag (Swedish Parliament), ordinances are adopted by the Government and regulations are issued by the authorities.
The Civil Procedure Code sets out a specific legal regime for service on legal persons and natural persons who are sole traders, who bear strict liability for the address recorded in a specific register: in this case it is entirely irrelevant whether or not the addressee was residing at or using the address for service at the time of service.
Article 2(4)(d) – Languages that may be used for the completion of the standard form set out in Annex I The standard form can be completed in Irish or English.
Interim measures may also be taken to prevent a situation from worsening.
The third part is used to register information on: rights in rem encumbering the real estate, notifications serving to establish the aforementioned rights in rem.
The order for payment procedure is mandatory in Austria for claims up to the limit referred to above.
If the debtor or adviser does not agree with an allegation made in the creditor’s petition, they will submit the petition together with evidence promptly to the court and substantiate why they disagree with the information in the petition.
Article 14(2), third indent - Available methods of receiving applications Applications requesting the competent authority to decide whether to grant legal aid can be sent by post or delivered personally to the Legal Aid Administration.
Legal documents can be submitted electronically for cases relating to all civil procedures, which are progressively being included in the online function.
Matters of administrative law (judicial review) in Scotland are heard by the Court of Session.
Where the adoptive parents are of different nationality, the conditions of the legal systems determined by the nationalities of both parents must be fulfilled, as well as law of the State of which the adoptee is a national.
A court certificate of enforceability is required only in exceptional cases for enforcement orders, provisional attachment orders and interim orders (§ 796 ZPO; §§ 929(1), 936 ZPO).
CYLAW CyLaw was set up in January 2002 as a not-for-profit database to provide free and independent legal information on and access to sources of Cypriot law as part of the international movement for free access to the law of which it is a member.
A list is prepared of admitted claims.
The registrar of companies This section describes the position in respect of company information because it represents the majority of the material on the register.
Sweden has appointed a person who works in the Division for Procedural Law and Court Issues at the Ministry of Justice as the contact point for the European Judicial Network in civil and commercial matters, and a person who works in the Division for Crime Policy at the Ministry of Justice as the contact point for the e-Justice portal.
Articles 8(3) and 9(2) – Particular periods set by national law for serving documents In the Netherlands, where a document has to be served within a particular period, the date to be taken into account with respect to the applicant is determined by Dutch law.
There are six classes of intestate succession.
Parties may bring a court action personally or through a representative, and such representation may be subject to the law, an agreement or judiciary.
To arrange service by handing the document(s) over to the postal service, the court-appointed enforcement officer will charge a fee of €3.00.
However, it may be provided in the restructuring programme that creditors with small claims are to receive payment in full.
Where the court acknowledges that a deadline has been missed for an important reason, the violated right must be defended and the limitation period in question must be restored.
Qualifying for free legal aid not only takes into account the person’s income, but also the overall financial situation of her or his household.
They may not be members of a political party or engage in political activities.
Thus, it follows from the Brussels IIa Regulation that the enforceability decision is not preceded by a contradictory procedure, and that the application may be refused only on one of the grounds laid down in that regulation.
Movable property may be sold under a direct contract between a buyer and an enforcement agent or an individual engaged in commission transactions instead of at a public auction (Article 93(1) of ZIZ).
A. Attachment When granting permission for the attachment, the court must always specify the time limit within which the statement of claim in the principal action must be lodged.
The only reason that enforcement in another Member State can be refused is if it is irreconcilable with another judgment in the other Member State between the same parties.
The existence of a court-approved agreement or a judgement ensures that the best interests of the child are protected and that the relocation will not impede the child from maintaining contact with the other parent.
Deadlines for collecting mail are determined on a calendar basis, starting on the day following the day that the addressee received notice of delivery.
Legal databases There is no publicly available directory and/or website for this profession.
All 176 functioning courts are organised at county level and in the districts of Bucharest.
The types of evidence which may be relied upon in civil proceedings are witness testimony, documents and real evidence.
The titles of films intended for public showings in France are listed in the public cinema and audiovisual register, which is administered by a tax administration official, and the titles of literary works with the option to purchase adaptation rights are compiled in a register of options.
If only one parent has custody of the child, that parent decides on matters relating to the child, including where the child lives, and may therefore essentially take the child to another State without the other parent’s consent.
This language (French, Dutch or German as the case may be) is specified in column II of the list (Manual) of Belgian administrative districts and judicial districts of courts of first instance annexed to the "Taking of evidence" Regulation (F for French, N for Dutch and D for German).
No specific measures planned.
This usually happens when the beneficiaries cannot agree on the distribution.
Assets transferred before opening of insolvency proceedings and which meet the conditions set out in law may be reversed by bringing an action for recovery or an action concerning a title or an action for damages.
The various laws on costs can be downloaded by entering the relevant abbreviation (GKG, FamGKG, GvKostG and RVG).
The place where the succession was opened is the last place of residence of the testator.
Sources of EU law The two main sources of EU law are: primary law and secondary law.
The office of the director of public prosecutions thus performs an important function in that it preserves the unity of the law and ensures legal certainty in criminal law matters.
Annex II - The courts or competent authorities to which the application referred to in Article 39 may be submitted - in Slovakia, the okresný súd.
They also issue extracts from the Czech Land Register, etc.
If the mediation does not lead to an agreement between the parents, the court gives a ruling in the case based, among other things, on the mediator’s report.
That Decision foresees that Regulation (EU) No 1259/2010 shall apply to Greece from 29 July 2015.
Employment tribunals: employees may apply to employment tribunals in the location of the establishment in which they work, the place where the contract was concluded or the location of the registered address of the company that employs them.
In the case of requests made under Articles 10 to 12, the Code of Civil Procedure is applicable.
3.2 the division of property of the spouses A divorce pronounced between spouses who have been separated by contract or by judgement does not produce any change in what has been ordered or agreed to between the parties.
In addition, the creditors may retain authority in respect of matters of the current administration of the estate, or to assign some of their authority to the estate administrator.
Article 107.1 of the Civil Code stipulates that marriage annulment is governed by the law applicable to the celebration of the marriage.
In the case of notification, the recording of the acknowledgement, the recording of the letter or the file or record drawn up in the proceedings are written proof that notification was effected.
That information is as follows: A reproduction of the Sections from the chapter of the Belgian Judicial Code providing for the expedited procedure; A demand requiring payment within fifteen days after the letter was sent or from the date on which it was served on the debtor.
The amount being claimed.
It is also possible to estimate the costs of the procedure in the court itself.
A natural person who is pursuing a private business or who is pursuing a business in an unlimited partnership or as the general partner in a limited partnership may also be granted a debt adjustment under certain conditions.
In a contested divorce the grounds for divorce (Article 1439 of the Civil Code) are as follows: There is a breakdown of the marital relationship, caused by the respondent or by both spouses, such that there is good reason to believe that the continuation of the marital relationship would be intolerable to the applicant.
3.9 Insolvency In a Swedish insolvency Swedish law is applicable to the proceedings themselves and to other questions of insolvency such as the conditions for instituting proceedings.
The authorities that are competent according to the law of each Land.
4) If the party against whom enforcement is sought has dependents, the Court Clerk may reduce by between 10 % and 15 % the percentages laid down in Nos 1, 2, 3 and 4 of Article 607(2) of the Code of Civil Procedure.
At the first hearing to which the parties have been duly subpoenaed, after hearing the parties, the judge must estimate the necessary inquiry period, taking into account the circumstances of the case, so that a ruling may be handed down within an optimal and predictable period.
Due legacies must be settled before the end of the succession proceedings.
If application form A is incomplete, the court will use form B to give the claimant the opportunity to complete or rectify the application within a certain period.
Some of these registries are accessible electronically by the public.
The Upper House is elected by the provincial councils (Landtage).
Judgments of the police court are open to appeal before the court of first instance, except in matters listed in the Judicial Code (Code judiciaire/Gerechtelijk Wetboek) where the claim does not exceed €1 240.
What does Luxembourg's land register offer?
The rules governing court proceedings specify the civil and criminal cases in which regional courts act as courts of first instance.
If you are arraigned under arrest, the Court must first decide whether your continued detention is founded on a provision of law and then inform you that you may request bail.
In the event that the addressee does not have a letterbox or if it is not useable, the documents are delivered to the court that ordered the service, and in cases of service by post, to the post office in the addressee’s place of residence, and a notice of service of documents is left on the addressee’s door, stating where the documents can be found (Article 141(1)(2) ZPP).
Severe disability: EUR 750 000.
An agreement of that sort delivered to a court has the effect of a withdrawal of the claim and of the consent of the defendant to that withdrawal, in line with the Code of Civil Adversarial Procedure (Civilný sporový poriadok, CCAP).
The time limit runs from the day after the date on which the event that set the time limit running occurred (a momento ad momentum).
The special courts were set up for cases that cannot be handled by general courts or administrative courts because they require special expertise.
In practice, the judge discharges his or her duties by means of additional questions and remarks.
In a cross-border situation, a will is in principle valid in Belgium if it conforms to the law of the place where it was made (in accordance with the principle ‘locus regit actum’) or one of the other laws specified in the Hague Convention of 5 October 1961.
1.2 Precautionary measures A. Attachment (conservatoir beslag) The court may give the creditor permission to attach the debtor’s property, with a view to preserving the property until the right claimed by the person levying attachment has been established.
Reference number and 4.
Videoconferencing, while not expressly provided for by the Code of Civil Procedure, is not excluded.
A child’s parents may have entered into an agreement, in the form of a notarial act (notarial akts), providing for monthly maintenance payments.
Legal databases In Hungary the Official Gazette is the Magyar Közlöny, which is published in electronic form and whose text must be considered authentic.
Persons who were in a close relationship with the debtor at the time of the act are deemed to have known that harm would be caused to the bankruptcy creditors.
After this period, the registered data and the content of the documents deposited can thus be demanded vis-à-vis every person.
1.4 Rejection of application Before issuing an order to pay the court will examine the validity of the application and may reject it, in whole or in part, if it deems that the claim is not well-founded.
The matter of obtaining the decision granting an exemption from the payment of court proceedings for specific proceedings, including family-law proceedings, is regulated by the provisions of Article 13(3) ZBPP.
The name of the addressee of the document and the date and time at which the addressee was sought but found not to be at home will be entered in the record of service, as will the name of the person who takes receipt of the copy of the decision or summons and the latter’s relationship with the addressee, any document served in this way being fully effective.
The results are presented as follows: RELATED TERMS, the system automatically offers terms associated with the search made.
The creditor may be paid before the decision on enforcement becomes final only in a case of enforcement based on an enforceable title when enforcement is for the debtor’s money kept at a payment institution (enforcement based on enforceable title), provided that the enforceable title is attached to the request for enforcement, except in commercial matters where the enforceable title need not be attached.
Applications in other languages will not be accepted.
A set-off is not excluded for claims denominated in different currencies or units of accounts provided that such currencies or units of accounts can be easily exchanged at the place of settlement of the claim used for the set-off.
7 - The registration of the actions and the interim orders for suspension of company resolutions must be requested within two months of the date of their proposal.
Applications may also be sent by post, and should be addressed to the respective court.
If the joint property is liquidated or destroyed or reduced in size, the former common obligations and rights are dissolved through a settlement.
The settlement agreement must be in writing if it was concluded during the marriage or if the subject of the settlement is something for which the ownership transfer contract also requires agreement in writing.
Six judges belong to the French language group, six to the Dutch language group.
The statutory interest rates set out in the table below are of relevance to claims in civil and commercial matters: Amount/rate of the statutory interest Criteria for the application of the statutory interest (if necessary, for example delay, consumer contract, etc.)
Article 76(1)(a) – Rules of jurisdiction referred to in Articles 5(2) and 6(2) of the Regulation Act No 91/2012 on private international law, in particular Section 6 of the Act.
Judges in the Member States, under the guidance of the Court of Justice, have the power to ensure that the Charter is respected by the Member States only when they are implementing EU law.
However, recourse is available in the form of an application to be submitted to the court that issued the decision, and an appeal for annulment to the Supreme Court.
Once the proceedings have begun, it is possible to ask the court to grant provisional maintenance before the final ruling is made.
An order for payment issued in an electronic procedure by writ of payment is declared enforceable by the court by means of an electronic enforcement order.
The website of the Administrative Court and Tribunal of Luxembourg also contains a database of the decisions of these two courts.
The President of the Chamber of Deputies then sends the approved draft to the Senate as soon as possible and the Senate has just 30 days to discuss it — in contrast to the often long-drawn-out discussions in the Chamber of Deputies, which sometimes last for months.
Alternative dispute resolution (ADR) methods allow disputes to be resolved without the intervention of a court, or at least without a court decision on the merits of the case.
The fliers and claims forms have been published in Croatian and English on the websites of the Ministry of Justice and the Ministry of the Interior.
The claim for judicial protection under Greek legislation covers, regardless of the nature of the dispute, both permanent and interim judicial protection.
If a document sent to an electronic address is returned to the court as undeliverable, or if the addressee does not confirm receipt of the document within three days of the day on which the document was sent, service is not effective.
The members of the Centre have the right to ask for any information, evidence or document that they need to carry out their work, with the exception of information covered by doctor‑patient confidentiality or any other professional secrecy rules.
The tradition is for members of the Bar to practice as junior counsel for a number of years before considering whether to become senior counsel.
Related links Agencia estatal de la administración tributaria de España/IVA Related Attachments Spanish Review on the Study of Transparency of Costs(640 Kb)
The amount that the debtor has to pay is determined in such a way that the business debt restructuring applies to all the debtor’s total and revenues following deduction of what must be retained for the subsistence of the debtor and of the debtor’s family.
In principle, the losing party pays the costs of the legal proceedings.
The fourth scenario occurs when the objection is dismissed: as a consequence of dismissal, the order for payment becomes enforceable, if it was not already so.
If a paternal or maternal grandparent of the testator is not alive at the opening of the succession, their place is taken by the children, adopted children and grandchildren, etc. of the deceased grandparent.
Parents may compose the agreement on joint parental care during the mandatory counselling process, however they may also compose it independently or during the family mediation procedure (non-judicial process in which the parties try to consensually resolve disputes from family relationships with the help of one or more family mediators - Article 331 ObZ 2015).
The Court of Appeal has appellate jurisdiction only.
The law of obligations Rights under the law of obligations are time‑barred if the person entitled does not duly exercise them within the period specified by law.
In particular, the insolvency practitioner exercises shareholder rights attached to shares in the insolvency estate, acts in the capacity of employer in relation to the debtor’s employees, and is responsible for the operation of the debtor’s business, bookkeeping and tax compliance.
The court to which a party submits an action must decide on its jurisdiction to hear the case before adjudication starts.
Otherwise, in the absence of a legal representative, you may refer to the Registration Department of the Supreme Court for relevant information.
Generally, deadlines that are relevant in civil procedures are either procedural or substantive.
Article 25 1 (b) Means of communication Under Article 33 of the Code of Civil Procedure as it stands, claim forms may be submitted electronically provided that this is allowed under the court’s procedural rules.
The general distributable estate is the monetary assets generated by realising the general bankruptcy estate, minus the costs of bankruptcy proceedings.
As explained above, the point of departure of all time limits is the day of the act, event, decision or service that causes the time limit to run.
Parental responsibility: the court granting the separation rules on the custody of any minor children and establishes the amount of child support payable by the non-cohabiting parent (or, in the exceptional case of sole custody, the parent to whom custody is not granted).
The competent judge for ordering attachment is the enforcement judge (a judge in the regional court) or the president of the commercial court within the limits of the jurisdiction of that court.
When establishing the size of the surety, the amount of future expenses must be taken into consideration.
There are a number of exceptions to this automatic adjustment of maintenance allowances.
As the issue of jurisdiction only arises when an action or claim has been submitted to a court (before a court hears and adjudicates upon a case, it first determines whether the case comes under its jurisdiction), it is recommended that one first consults a lawyer to avoid undue delay.
If there is a subsequent oath, the wording of the oath will be modified accordingly.
The Mediation Council, established by Law 192/2006 on mediation, is responsible for supervising mediation in Romania.
Easements, changes in boundaries, the marking of boundaries, obligations to carry out or not to carry out actions that cannot be measured in terms of money, judicial declaration of a person's death, judicial partition, civil navigation, labour disputes, social security, expropriation, compensation for damages caused by judicial errors, applications to which a monetary value of up to RON 500 000 can be assigned, and decisions of Boards of Appeal are amenable only to appeal.
If the legal separation was granted upon joint request, it can be converted into a divorce only by a further joint request.
The debtor may not make use of the property to the detriment of the applicant by way of transfer or in any other way unless the Enforcement Authority has allowed this on specific grounds after consulting the applicant.
The Mediator Certification Board (Επιτροπή Πιστοποίησης Διαμεσολαβητών), created by the above Law, operates under the Ministry of Justice, Transparency and Human Rights and is responsible for certifying mediators.
Article 67 (c) The languages accepted for the certificate concerning rights of access and the certificate for the return of the child pursuant to Article 45(2) are: French, English and German.
The Minister of Justice announces the level of statutory interest by way of a notice in the Polish Official Gazette (Monitor Polski).
Insolvency Proceedings (Companies) Creditors may intervene in insolvency proceeding if they prove they have a judicial interest and as such would be able to make submissions during the proceedings before the court.
If restitutio in integrum is allowed, the action returns to the status which it had before the delay, and all decisions issued by the court owing to the delay are annulled (Article 116 ZPP).
There is an absolute impediment if the spouses are blood relations in the direct ascending or descending line, without limitation of degree, or collaterally, within the fourth degree; if they are relations by marriage in the direct ascending or descending line, without limitation of degree, or collaterally, within the third degree; or in case of bigamy or adoption.
It will be examined by written procedure.
Translators’ and interpreters’ fees The fees depend on whether the translation/interpreting is ordered by the State or requested by private entities.
However, assets transferred to the debtor after the approval of the restructuring programme may provide grounds for creditors to demand supplementary payments from the debtor.
A fictitious marriage may also be annulled.
One exception to this procedure is the draft Budget Act, which is transmitted simultaneously to the Bundesrat and the Bundestag.
If the court comes to the conclusion that the point submitted to it can help settle the dispute and that the point as submitted reliably reflects the truth of the matter, it attributes evidential value to the point.
How to find a mediator in Cyprus Visit Mediation in Cyprus.
There is no provision in principle which imposes time limits on the petitioner; there are certain time restrictions, but these are deadlines before which specific acts cannot be validly effected rather than binding time limits, and they do not directly stipulate a point after which the petitioner can no longer take action.
A superior prosecutor or a prosecutor from a superior prosecutor’s office can perform actions falling within the jurisdiction of subordinate prosecutors, and can suspend or revoke their decisions in writing in cases specified by law.
However, an addressee of a notification by registered letter with acknowledgement of receipt may subsequently contest the validity of that notification by showing that they were not at their domicile, or their residence or elected domicile at the address shown on the registered letter.
Articles 21 and 29 The applications provided for by Articles 21 and 29 shall be submitted to the following courts: - in Gibraltar, the Supreme Court.
The most important legislative instruments are acts [zákony], i.e. collections of rules of behaviour governing the main areas in the lives of individuals and society.
The Attorney General is generally a practising barrister and a Senior Counsel.
The court fee is due on the lodging of the petition, and it may only be paid by postal transfer or bank transfer.
The legal norms are not proved, since the rule applied to them is that the court must be acquainted with them ex officio (iura novit curia).
The mediators can be reached at the association's functional mailbox.
This is also stipulated in the ZPP, which states that a breach of the rules of service cannot be alleged if the addressee collects the documents despite the breach.
One or both of the parties to a dispute may make a written application before going to court.
Formats Supreme courts Other courts document metadata document metadata What formats are used?
Summaries of Supreme Court rulings and ECHR judgments, various news items concerning the law in general and information on case-law and court hearings have been available on the Riigi Teataja website since 20 January 2012.
A decision on the objection can be appealed.
Translators' and interpreters' fees If a party, a witness or any other person to be heard by the court does not understand and speak Swedish, an interpreter is hired to assist the court.
In the case of actions brought for the review of administrative decisions concerning entry into and stay in the territory of Hungary, jurisdiction is established on the basis of the seat of the administrative body proceeding at first instance.
Article 37 of the Postal Services Act (NN Nos 144/12 and 153/13) provides that postal consignments, except ordinary consignments, are to be handed over to the addressee in person, their legal representative or a person authorised by power of attorney.
If the recipient does not wish to sign the delivery note, the server enters this on the delivery note and states the date of service in words; the documents are then deemed to have been served.
It should be noted, however, that despite direct, ipso iure acquisition of rights, under Hungarian law it is generally necessary to conduct a formal legal procedure (probate proceedings) to provide authentic certification of succession.
If a bankruptcy petition is filed by the debtor, the debtor is presumed to be insolvent.
Mediation is governed by Act No 420/2004 on mediation.
The language accepted for applications for compensation and documents is Spanish.
Please also see ‘What are the conditions for, and the effects of closure of insolvency proceedings?’ 7 What effect does an insolvency proceeding have on proceedings brought by individual creditors (with the exception of pending lawsuits)?
If it is deemed admissible, and if appropriate, attempts can be made, with the consent of the complainant and the member of the Garda Síochána complained of, to achieve an informal resolution.
Court fees They are payable in advance, before the receipt, processing or issue of the relevant documentation or conduct of the requested service.
In the case of a minor child, the legal representatives are his/her parents.
A judge may not serve more than four terms successively.
Compensation is also payable for the time and effort expended by the winning party on account of the trial.
The defendant may raise objections to the recognition in Latvia of a judgment given in another Member State by challenging the district or city court’s decision recognising the judgment.
2 What are the conditions under which such measures may be issued?
2.1 The procedure Most injunction applications may be made either in the Circuit Court or in the High Court.
According to Article 348A of the Criminal Code, whoever falsely declares or certifies to the public authority or public official in the performance of their duties, an identity, status or other quality to which the law confers legal effect, of their own or of others, and such declarations are to be entered in an authentic document, shall be sentenced to imprisonment for up to two years or to a fine.
Forms The Aliens and Borders Service (SEF) has model forms for the removal of minors.
In what languages can I obtain information on the legal basis for costs in Slovenia?
Furthermore, disputes that are assigned by law to the ordinary courts, the social courts or to the financial jurisdiction are exempted from general administrative jurisdiction.
Is access to the Hungarian insolvency records free of charge?
Article 378(2) of the OZ provides that the default interest rate is 8 % per year unless specified by law otherwise.
Documents other than those relating to judicial proceedings will be served by a bailiff upon request by the authority or by an individual.
The Council may also deal with any accusation of negligence or abuse made against any notary in the course of his or her professional conduct or in connection with professional matters, unless the power to do so is vested in some other authority as set out in Articles 85 and 94 of Chapter 55: Notarial Profession and Notarial Archives Act of the Laws of Malta, or in any other law.
If a claimant or the claimant’s representative does not have an activated functional mailbox, the application may be lodged through any court bailiff in the Slovak Republic.
Extrajudicial settlement of disputes arising from consumer contracts is governed by the Law on Consumer Protection (Vartotojų teisių apsaugos įstatymas), which came into force in 2007 and enshrines an alternative to judicial proceedings, including its rules of procedure and institutional set-up.
The inter partes application is submitted, in as many copies as there are interested parties, to the court registry or sent to the court registrar by recorded delivery by the applicant or its lawyer (Section 1034d of the Judicial Code).
It is available 24 hours a day, 7 days a week.
The right to receive a reserved share arises upon opening of succession.
According to Article 1 of the law of 25 September 1905 on the registration of rights in rem in immovable property, all transactions inter vivos, whether or not against payment, transferring rights in rem in immovable property, other than preferential rights and mortgages, are to be registered with the mortgage registry in the jurisdiction in which the property is situated.
The Fund does not guarantee overdue payments.
This is required where an heir has legal incapacity (on account of being a minor or on account of receivership/judicial administration).
Service by registered letter with a form for acknowledgement of receipt Where the document is issued by the court registry, it is served by registered letter with a form for acknowledgement of receipt.
Sources of law There are four main sources of law in Sweden: legislation, preparatory legislative material, case law and academic literature.
The debtor may file the appeal with the trustee’s consent.
As a rule, bilateral agreements provide for direct application to a Polish court or application to such a court through a court of the country which issued the decision.
In the absence of common nationality, the law of the state where the marriage was celebrated applies.
He may also assist them in complying with their tax obligations.
Yes, access to the legal database is free of charge.
The introduction of the Witness Charter gave witnesses a similar, but non-statutory, set of standards of service.
Summary of the criminal process The normal stages in the criminal process are as follows: The police investigate whether a crime was committed and by whom.
However, a person is not obliged to provide maintenance if, in view of his/her other obligations, he/she is not in a position to do so without jeopardising his/her own maintenance; this rule does not apply to the maintenance of a minor by a parent, unless the minor is entitled to be maintained by some other person, or can be supported by his/her own assets.
Experts’ fees In contentious civil proceedings (including commercial cases), expert’s fees are awarded in proportion to the extent of a party’s success or failure (Section 43(1) of the Code of Civil Procedure).
A confession is not evidence against the confessor: a) if it is declared insufficient by law or relies on facts whose recognition or research is prohibited by law; b) if it relies on facts relating to inalienable rights; c) if the confessed fact is impossible or clearly non-existent.
1 Sources of the rules in force 1.1 National rules Where a cross-border case is brought before court, the rules on which law is applicable in Cyprus are primarily those provided for under EU law, in particular Regulations (EC) No 593/2008 (Rome I) on the law applicable to contractual obligations and (EC) No 864/2007 (Rome II) on the law applicable to non-contractual obligations.
Related Links IBERLEX/ database of Spanish legislation
The estate distributor must stipulate the time and place where the estate will be distributed, and must verifiably invite the beneficiaries to attend.
The debtor and the petitioning creditor may file appeals against the bankruptcy ruling within 15 days of the publication of the bankruptcy notice.
An investigative body or the prosecutor's office must explain to the victim the procedure for filing a civil action, the essential requirements for a civil action, the deadline for filing a civil action, and the consequences of allowing this deadline to pass.
If the spouses lived under the ‘property regime of community of accrued gains’ (which is the default regime, unless the spouses agreed to a different property regime as part of a pre-nuptial or post-nuptial agreement), the aforementioned portion increases by ¼.
Organisation of ordinary courts The Slovak judiciary The Slovak judiciary comprises: district courts, regional courts, the Special Criminal Court, the Supreme Court of the Slovak Republic.
A complaint to the Public Defender of Rights must be filed by the person seeking the protection of his or her rights, or by his or her legal representative.
For its part, Article 8 of the Insolvency Law grants ‘exclusive and exclusionary’ competence to the insolvency judge over a set of matters covering, in general, all actions that are directed towards or have a direct relationship with the debtor’s assets.
Children have the right to share up to 25% of the net value of the estate.
The court will not annul a voidable marriage if the respondent shows: that the petitioner knew that the marriage could be annulled, but behaved in such a way that the s/he reasonably believed that an annulment would not be sought; and it would be unjust.
Another important task performed by notaries is keeping records of chattel mortgages as well as handling deposits, in the framework of which they receive money, valuables and securities on the basis of the authorisation received from the parties involved with the purpose of delivering them to the party entitled.
Announcements which are not intended to be made known to particular natural persons, i.e. announcements intended as information for the general public, are available as open data.
As soon as this happens and the document is subsequently handed over to the administrator, service is deemed to have been performed (Section 118 of the Austrian Code of Civil Procedure).
Section 32(3) of the Act states that the fact that the parties have chosen foreign law to govern a contract, regardless of whether or not they have also chosen foreign jurisdiction, does not, where all the elements relevant to the contract at the time of the choice are only connected with one country, prejudice the application of such rules of the law of the country which cannot be derogated from by contract (mandatory rules).
This Office is located at: CONTACT_INFO
Judges Organisation The Constitution stipulates that judges are independent; they make decisions on the basis of the law and in harmony with their convictions, and they may not be influenced and directed in making their judgments.
Any creditor, whether or not they signed the agreement, may request a declaration of non-compliance before the judge that approved it, through the channel of an incidental insolvency proceeding.
Under Chapter 10, Section 1 of the Code of Judicial Procedure, the venue for the investigation of a claim against a natural person is the District Court in whose jurisdiction that person has his or her domicile or permanent place of residence.
Organisation of justice – judicial systems Administration of courts The Council for the Judiciary is part of the judicial system, but does not administer justice itself.
Translators' and interpreters' fees As a general rule, translators' and interpreters' fees are paid by the losing party, and if (in specific cases) the state is responsible for paying the costs, it also bears the costs of experts.
In the case of sums of money, they remain blocked in the account, but are immediately, albeit virtually, assigned to the attachment creditor.
5.- Consulting the Movable Property Register via the Internet See 'Useful links' below.
Whereas the creditor can in principle attach all the goods belonging to the debtor, there are limits in the form of goods which by law may not be attached.
Legal databases For further information, see the webpage of the Attorneys at law in Poland.
More than one business reorganisation officer may be appointed if there are special grounds for doing so.
Appellants in proceedings to determine maintenance payments, compensation for damage to health, work injuries and occupational illnesses etc. are personally exempt from charges.
There is a search engine for searching legislation and announcements, together with databases of Constitutional Case‑ Law since 1980, Case‑Law of the Abogacía del Estado (State lawyers) (reports and rulings since 1997) and of the Council of State.
This is done in accordance with the law of the requesting state.
The witnesses must sign the will indicating their capacity as such.
According to Article 60 of the Royal Decree of 27 April 2007 on postal services, ‘if an unsuccessful attempt is made to deliver registered post at a domicile, a delivery notification shall be left.
Should one of the spouses die, the rights of succession of the other remain unchanged and they benefit from the legal provisions established for a surviving spouse.
Industrial Disputes Tribunal The Industrial Disputes Tribunal has exclusive jurisdiction to hear all industrial disputes arising from the termination of employment, such as payment of compensation for unfair dismissal (except where the amount claimed exceeds the equivalent of two years’ salary, in which case jurisdiction is vested in the District Court), payment in lieu of notice, redundancy payments and claims arising out of the contract of employment, such as accrued wages, annual holiday, 13th month’s salary or bonuses.
This other parent may also apply for access under the Hague Convention of 1980, if that Convention applies to the country in which the child resides.
Legal aid Applicable income threshold in the area of civil justice The income threshold applicable to legal aid is regulated by Article 13 of the Free Legal Aid Act – Zakon o brezplačni pravni pomoči (Official Gazette of the Republic of Slovenia 48/2001, 50/2004, 96/2004-UPB1, 23/2008).
If you do not speak Czech, you have the right to an interpreter.
In addition, within the scope of the processing of compensation cases it will provide information to you as victim on obtaining certificates of the final judgments, orders not to enforce civil liabilities and other documents required to process the legally established aid.
While the website is run by the European Commission, responsibility for its content is shared between the Commission and the individual Member States.
2 - The rules for the giving of evidence by teleconference laid down in Article 502 shall apply to parties residing outside the district or, in the case of the Autonomous Regions, outside the island concerned.
The Constitutional Act of 23 July 2008 changed the composition of the Council and its powers in respect of appointments, and made provision for cases to be referred to it by litigants.
The Requested Court is the competent court of another Member State for the performance of the taking of evidence.
Where a lawyer provides services in judicial proceedings, the costs of those services fall due for payment when a decision on the costs of the proceedings is issued.
If the adopting and the adopted persons are citizens of different states, the laws governing the conditions for adoption and its termination are cumulatively the laws of both states of which each is a citizen.
A witness must also appear before the court even if they have no knowledge of the circumstances of the case or if they have already decided to exercise their right to refuse to testify.
If the criminal prosecution was initiated by a civil party bringing a civil action, and that party loses the case, that party is personally liable for all the costs of the proceedings.
A presumption is a conclusion that the law or the court draws from a known fact in order to establish an unknown fact.
Furthermore, the priority of the rules deriving from applicable EU law over national law must be taken into account along with the principle deriving from Article 123 of the Constitution of the Republic of Estonia, according to which, when laws or other legislation of Estonia conflict with an international treaty ratified by the Estonian Parliament, the provisions of the international treaty apply.
If a plaintiff in the cases referred to above does not have a declared place of residence, a claim may be brought before the court of the plaintiff’s de facto place of residence.
In Greece, the business register is called the General Electronic Commercial Registry (Γενικό Εμπορικό Μητρώο, Γ.Ε.ΜΗ., GEMI).
It is free of charge to obtain basic information, company reports, full reports, and Central Business Register records [CVR-udskrifter].
Incompatible functions Under the law, a practising lawyer may not at the same time be employed or hold any other similar position, except as a university teacher, and may not engage in any activity incompatible with that of a lawyer.
Legal databases You can find legal information on public administration on Lagrummet.
Information is available only in German.
As a general rule, the creditor cannot be paid until the decision of enforcement is final.
It should be emphasised, however, that the appointment of an executor of the will does not substitute for probate proceedings; an executor of the will may not ‘assume’ the responsibilities of a notary public.
Decree — under Section 109 of the Constitution, if it is impossible to convene Parliament, the President of the Republic may, in the event of urgent national need, issue Decrees having the force of law.
If it is greater than that amount, the claim must be brought in the High Court.
If necessary, the Central Authority can provide the requesting party with information on the procedures to be followed in establishing the child’s paternity in regard to the putative father.
The court makes all judicial documents, including court decisions, immediately available to the participants in the proceedings via the information system, regardless of how the documents were served on the participants during the proceedings.
Custom is a further source of law.
The advance payment of the judicial executors' fees however cannot be a condition for the execution of court decisions.
Their role – as the ‘second pillar of the third branch of government’ – is mainly confined to non-contentious matters (including probate, custody, various matters concerning children and adoption, land-registry, commerce, cooperative societies and partnerships, insolvency, registration of associations, of matrimonial property, of ships, and so on).
Therefore, the Government cannot refer the case to the European Court of Human Rights.
A written judicial confession has full probative force against the confessor.
The different courts in Malta are shown below: a.
The trial is public, oral and is conducted in Czech.
For example, German law makes the testimony of German public servants subject to the prior approval of the authority for which they work.
Yes, in the manner already indicated in the answer to question 10.
Furthermore, under Article 209 of the Criminal Code, persistent failure to pay maintenance is an offence punishable by a fine, non-custodial measures or imprisonment of up to two years.
When laws are infringed, the prosecution service takes action in the interest of legality, in the cases and manner defined in law.
Within three days as of the date of submission of the reply to the defence, the judge sets, by a decision, the first hearing, which will take place within maximum sixty days as of the date of the court decision, and orders that the parties should be subpoenaed.
When a decision is given in a Member State bound by the 2007 Hague Protocol, the application for enforcement of the decision on the basis of the documents referred to in Article 20 of Council Regulation (EC) No 4/2009 is submitted to the provincial court of the debtor’s permanent address or for the place of performance of the obligation.
If the heir has unconditionally accepted the inheritance, he or she is fully liable for the debts of the deceased (Article 4: 182 BW).
Under Article 261(4) of the New Code of Civil Procedure, the court entrusted under the letters rogatory procedure takes evidence in the presence of the parties, or even in the absence thereof, if they have been lawfully summoned, and has the same duties as the court of referral, as regards the procedure to be followed.
What is the Swedish register of interpreters and translators?
An application for enforcement of a decision is lodged with the child’s general court.
Insurance contracts are governed by the law of the State in which the policy holder is habitually resident.
For divorce by petition: The basis for granting a divorce by petition is the serious and irretrievable breakdown of the marriage.
The court has to reject an application to adduce a document where the content of the document concerns strictly personal matters related to a person’s dignity or privacy; where the act of adducing the document would be inconsistent with an obligation of confidentiality; or where it would give rise to criminal proceedings in regard to the party, the party’s spouse, or any blood relative or relative by marriage up to and including the third degree of kinship.
Through the Open Law Project, BAILII is also identifying leading cases from the past and making these freely and openly available on the internet to support legal education.
The declaration of enforceability has effect throughout the country, and also covers enforceable documents to be issued by the judicial enforcement officer in the context of the approved enforcement procedure.
Article 3 – Central body The central Romanian authority is the Ministry of Justice.
The Supreme Administrative Court has published all its decisions, together with its reasoning, since 1st October 2007.
1.3 Principal bilateral conventions Both the federal authorities and the authorities of Belgium’s component states may conclude bilateral conventions with other countries or regions of the world, depending on whether the subject‑matter lies within the scope of their own powers..
Related Links Laws of Malta
Available website on cost information Detailed information on the costs and charges of court proceedings is available free of charge on the website of the Finnish Ministry of Justice.
If the application is dismissed, the court will order the plaintiff to make good the costs incurred by the defendant in defending the action.
Only costs necessary for the proper handling of the case can be awarded.
The title must also be current.
A ruling or agreement can also be adjusted by the court, if there are grounds for doing so in view of a change in circumstances.
Other procedural errors cannot be challenged, nor can the findings on the facts or the assessment of the evidence by the Court of First Instance.
There is usually a receipt from the person on whom the document is served, or a document drawn up by the authority/court as evidence that the document has been served by telephone, surrogate or nailing.
Evidence can be taken from both witnesses and experts.
The National Investigation Service is headed by the Prosecutor-General, either directly or through the Service’s Director, who deputises for the Prosecutor-General for the purpose of investigations.
Video and audio recorders and the data stored on them are generally deemed to be objects of inspection.
Electronic certificates can also be requested; these feature the Registrar's recognised electronic signature.
What does the Finnish land register offer?
According to Article 5 (4) of the Constitution, international treaties that have been ratified in accordance with the constitutional procedure, promulgated and come into force in the Republic of Bulgaria, become part of the legislation of the state.
Accordingly, no enforcement of procedural or arbitration decisions or of mediation agreements will be ordered within twenty days of the date on which the conviction becomes final, or on which the decision to approve the agreement or sign the agreement was notified to the judgment debtor (Article 548 of the Code of Civil Procedure).
That court will then have exclusive jurisdiction, unless the parties have agreed otherwise or unless the claimant has filed a statement of claim in an electronic procedure by writ of payment (elektroniczne postępowanie upominawcze, EPU).
A set of audio-visual training materials on practices for working with legal interpreters in a range of settings was created for the benefit of judges, prosecutors and other legal practitioners involved in judicial proceedings where interpreters are needed.
Furthermore, the date of the notification by registered letter cannot be reliably established if the addressee did not date or sign the acknowledgement of receipt when the registered letter was (first) presented at their domicile, residence or elected domicile, whereas the date of service is always shown on the record of service.
There is no recovery of the State fee (valsts nodeva) for an ancillary objection (blakus sūdzība) against a decision of the court or, where a judgment was previously given in default of appearance, for an application seeking to have the proceedings reopened and the case tried afresh.
Ordinary courts of law The Constitution requires the courts and tribunals to exercise judicial power and to apply general and local orders and regulations only insofar as they comply with existing laws.
In the context of service by post, the person responsible for delivering the letter with acknowledgement of receipt may, in principle, deliver it only to the person to whom it is addressed, unless the addressee has authorised a third person to receive such documents.
Depending on the subject areas of their duties, registrars may be: Registrars for the civil register (conservadores do registo civil), whose duties involve defining and publicising legal facts and acts relating to the lives of natural persons.
However, evidence from the period within one year of the date of the marriage can be used to prove that the marriage has broken down irretrievably.
Extracts from the register and of related documents, whether in paper or electronic form, must be paid for.
They take an oath before the president of the court and serve for four years.
With regard to restorative justice in criminal proceedings, information on defendant-victim mediation is available on the NEUSTART website (also in English).
Local courts The local court (juridiction de proximité) hears civil disputes between private parties where the amount in dispute is less than €4 000.
For the competence of the different courts, see Chapter 12 of the Laws of Malta.
In principle, the fee paid by the client to the lawyer may be freely agreed upon between them.
Disputes concerning commonhold properties and motor vehicle traffic are subject to mandatory arbitration.
The act of leaving or depositing the document renders service effective (Section 20 of the Austrian Service of Documents Act).
The formal conditions are those provided for either by the law chosen to govern the matrimonial regime or by the law of the place where the agreement was concluded.
Appointing an administrator and his powers An administrator exercises powers and performs tasks in insolvency proceedings, as set out by the law, in order to protect creditors’ interests.
In the case of a relative or a close relation it would be necessary that the applying person would have certain legal powers to manage the affairs of the relative or close friend such as power of attorney.
Parties to proceedings (with legal capacity) may also be represented by a person of their choice on the basis of a power of attorney (Sections 24 - 28a of Act No. 99/1963 Coll., the Code of Civil Procedure, as amended).
This means that once a judgment has been assigned its ROJ, it is possible to automatically assign to it its corresponding ECLI.
A party may also request that the opponent bear all or part of the charges incurred, and which are not included in the costs.
However, if there are minor children, that agreement must be accompanied by another written agreement between the spouses which regulates the custody of the children and communication with them.
Furthermore, representatives of the Romanian Judicial Network attend the meetings of the European Judicial Networks on a regular basis.
Click on the below link to view all competent authorities related to this Article.List of competent authorities Article 2(2) – Receiving agencies Click on the below link to view all competent authorities related to this Article.List of competent authorities Article 2(4)(c) – Means of receipt of documents Documents may be received by post or fax or by other methods agreed on in a specific instance.
The spouse succeeds in intestacy together with intestate heirs.
Courts dealing with violence against women may hear under the civil system, in accordance in each case with the procedures and appeals provided for in the Code of Criminal Procedure, the following matters, inter alia: Parentage, maternity and paternity.
If the ombudsman finds that a legal solution goes to the detriment of persons with disabilities or children with developmental difficulties, deprives them in some way or puts them in a less favourable position with regard to persons without disabilities, the ombudsman will make a proposal to amend such legal solution.
The prosecutor presents the evidence at trial.
A curator for the estate in abeyance may also be appointed by the courts.
The Ombudsman institution fulfils its duty to protect citizens’ rights and freedoms in their relations with public authorities: at the request of the injured person; ex officio.
Case law has been published since 1999 in Northern Ireland.
It is not the purpose of these disclaimers of liability to circumvent the requirements of the applicable legislation, or to exclude liability in cases in which it cannot be excluded under the aforesaid legislation.
© Hungary (2018) The re-use of documents held by Hungary or on its behalf by third entities featured on this website is subject to Hungarian copyright law unless otherwise indicated.
Succession is determined per stirpes.
If a matter falls under the jurisdiction of several Estonian courts simultaneously, the petitioner has the right to choose the court with which to file the petition.
The court may order the taking of necessary evidence of its own motion as well.
The execution court with local jurisdiction is the court in whose district the defendant has his/her permanent residence, place of residence in the Czech Republic in accordance with the type of stay for a foreigner, registered office and so on.
In mortgage foreclosures, and for debtors whose social and financial situation is particularly vulnerable, eviction from the habitual residence is postponed.
Access is subject to a fee.
According to the law, the following are required to pay maintenance in the order indicated: spouse or former spouse descendants ascendants siblings uncles and aunts, during the minority of the person maintained stepfather and stepmother of stepchildren under age who are or were under their care at the time of the spouse's death,.
In the case of a child born outside wedlock, or a child born after the death of its father, the child’s domicile of origin is the mother’s domicile as of its birth.
Anyone may act before a court autonomously as a party to a proceeding (i.e. they have procedural standing) insofar as they have the capacity to acquire rights and assume obligations through their own acts.
The Code of Conduct of the Bar of England and Wales sets out the principles that apply to barristers in respect of fees and remuneration for self-employed barristers.
The most senior registrar is the registrar appointed by the Supreme Court over the court staff and responsible for their general supervision.
An order for payment comes under so-called summary court procedures.
The procedure is regulated in Section 265 and ff. of Act No 160/2015, Code of Civil Procedure (zákon č.
It can assist investigations and prosecutions between a Member State and a non-Member State or a Member State and the Commission regarding criminal offences affecting the European Union's financial interests.
If there are no minor children, the marriage is dissolved out of court, i.e. the conclusion of the above agreement is sufficient.
The costs of an expert engaged by the court to give evidence are paid by the losing party or, if the parties have been only partially successful, both parties must pay their share of the costs on the basis of the relative extent to which they have won and lost.
If the addressee receives the document but refuses to sign the proof of delivery, or he/she is not able to sign it, the agent draws up a report.
Certain payments to the State are exempt from the recovery rules, such as tax payments.
The following persons may be appointed: after the opening of the succession – a trustee for the estate.
There are no fixed limits for such fees, although they must be considered reasonable.
Supreme court Other courts Is the entire text published, or a selected part?
In the event of a discrepancy between the registered and published data or the content of the documents deposited and published, the registered company may only demand the published version vis-à-vis third parties.
It means that, as of the date of the annulment judgment, the marriage is declared void and legally ineffective.
1.6 Statement of opposition Belgian law does not expressly provide a facility to submit a statement of opposition to the claim.
From the time of admission of the request until the cessation of payments by the Fund, the creditor cannot take any action against the debtor to recover his/her maintenance.
If this law does not permit establishment of the parent-child relationship or the child lacks a nationality, Spanish substantive law will apply.
Where the creditor simultaneously files applications for the seizure of several movable or immovable assets whose value clearly exceeds the claim to be paid, the enforcement court may restrict the enforcement to certain assets (Article 701 of the Code of Civil Procedure).
As a general rule, a party which fails to take a procedural step in time is prevented from taking that step (preclusive effect, Section 144 ZPO).
The reciprocal rights and duties of parents and children derive from the children’s parentage, which is determined in accordance with the procedure laid down by law; parentage is not subject to distinct rules on applicable law.
District courts do not examine the personal relations of the spouses or the reasons for filing for divorce.
The civil code does not favour any method of payment.
Proceedings before the courts are based on the principle of two instances, under which it is possible to submit an appeal against rulings of courts made in the first instance (by district courts).
The parties must have an opportunity to provide the necessary cooperation in the proceedings, and to familiarise themselves with the other party’s statements and evidence, any procedural acts by the court relating to the proceedings, and the substance of the case.
Denmark confirmed its intention to implement the content of the Regulation, to the extent that the Regulation amends Regulation (EC) N° 44/2001, by means of a declaration (OJ L 149, 12.06.2009, p.
If a parent who was not entrusted with the child’s care was not deprived of parental responsibility, nor was his/her parental responsibility restricted or suspended, he/she still performs it in relation to the other components of parental responsibility and does not lose the right to decide on important matters concerning the child.
In the period between the order for dissolution in the case of insolvency and the filing of the application for insolvency to court, the court may at any time appoint a provisional administrator, and charge him with the administration of the estate or business of the company as the court may specify in the order appointing him.
Sources of law Austrian law is primarily written law.
As a rule, the termination of the marital union occurs before divorce proceedings are started.
Country: Please selectBelgium Bulgaria Czech Republic Denmark Germany Estonia Ireland Greece Spain France Croatia Italy Cyprus Latvia Lithuania Luxembourg Hungary Malta Netherlands Austria Poland Portugal Romania Slovenia Slovakia Finland Sweden United Kingdom Instrument: Recognising and enforcing judgements in civil and commercial matters - European enforcement order
In the distribution order, the insolvency court sets the insolvency practitioner a deadline for fulfilment, which must not be more than two months from the date on which the distribution order acquires legal force.
A person acquires the right to work as an attorney in the territory of the Republic of Croatia by being enrolled on the list of attorneys and upon taking an oath.
If the defendant is the state or a municipality, the claim should be filed according to the registered office of the body representing the state of the municipality.
In other words, a witness is obliged to answer a question unless he or she can establish that there are reasonable grounds to fear that the answer will tend to incriminate him or her.
In addition to companies, non-profit associations and foundations, it is also possible to access data concerning state and local government authorities, legal persons in public law and constitutional institutions.
BANKRUPTCY Swedish bankruptcies can be divided into two categories, bankruptcies without proof of debts (bevakning) and bankruptcies with proof of debts.
8 - The registration of final decisions pronounced in the actions and orders referred to in the preceding paragraph must be requested within two months of the final and unappealable decision.’
There is also a national Public Prosecutor’s Office that focuses on combating (international) organised crime, and a Functional Public Prosecutor’s Office to combat environmental and financial crime and fraud.
If not, the heirs must do it themselves.
A confirmation of receipt of a judicial document is an official document confirming service and the date thereof.
Professions – Introduction The legal professions comprise judges, public prosecutors, lawyers, notaries, and bailiffs.
In addition, under Article 135(1) of the Constitution of the Republic of Lithuania, universally recognised principles of international law are also considered to form an integral part of the Lithuanian legal system, and Lithuanian courts are therefore required to apply and be guided by them.
The Fundamental Act on the Organisation of the Courts (legge fondamentale sull’ordinamento giudiziario), Act No 12 of 30 January 1941, Article 65, lists among the Court’s major functions that of ensuring ‘the correct application of the law and its uniform interpretation, the unity of law throughout the country, and observance of the limits between the jurisdiction of the different courts’.
If the application is granted, the court may examine the case immediately.’ 3.
The concept of law also encompasses the law produced by the European Union, regulations in particular.
A fine is imposed as a penalty only if the complainant obtains in bad faith a precautionary measure that is injurious to the defendant.
The court admits only the forms of evidence provided for by law.
On application by a party, the district court may refer the case for examination by the high court if a matter of principle is at stake.
Certain company information, including the exact content of the registered annual accounts, is available on demand, 24 hours a day, 365 days a year.
In these proceedings or during this process, the party is bound by the legal opinion of the Constitutional Court.
Other Victim Support Malta Address Victim Support MaltaCONTACT_INFO Short explanation of the type of requests the institution deals with Victim Support Malta was established in June 2004 and made an official foundation in July 2006.
If a spouse is unable for valid reasons to appear personally at the registry office in order to submit the joint application, he or she may submit a separate application that has been certified by a notary.
The Minister responsible for finance publishes the statutory default interest rate and its changes in the Official Journal of the Republic of Slovenia.
3.3 The personal status, its aspects relating to the civil status (name, domicile, capacity) Maltese citizenship is acquired upon birth, of his/her father or mother is a citizen of Malta.
At each court, there is a list of the people who can participate as experts in court proceedings (including translators and interpreters).
Recorders, who have similar jurisdiction to that of circuit judges, although they generally deal with the less complex or serious matters before the court.
Parental responsibility is exercised jointly by the two parents.
If claims for the compensation of damage caused by the professional act of a bailiff cannot be satisfied from the assets of a bailiff or any other person liable for the damage or if such claims cannot be satisfied in full, the Chamber is liable for the damage caused.
However, if the stateless person is a minor or disqualified person, their personal law is that of their legal domicile.
1.7 Effect of statement of opposition An objection of this kind triggers ordinary court proceedings in which the court examines the validity of the claim for payment.
The Federal Finance Court also provides for electronic despatch (individual judgments can be ordered using the specific reference number.
In this case, the qualified entities included in the list should have the capacity to bring an action before the legal or administrative authorities of the EU country where the infringement took place.
Except where there is mandatory jurisdiction (for example territorial jurisdiction in cases concerning immovable property), the parties may together agree on a different forum (Section 20 of the Code of Civil Procedure).
The first paragraph of Article 133 of CPA prescribes the manner of service of documents, stipulating that documents must be served by mail or by a designated court official or court employee, a competent administrative body, a notary public or directly by the court, or alternatively, by electronic mail in accordance with separate law.
If there is an oral hearing, it is not necessary to be represented by a lawyer and if the court has appropriate equipment the hearing should be carried out through videoconference or teleconference.
Their appointment is permanent and they cannot be dismissed or suspended without a decision to that effect by the Consiglio Superiore della Magistratura pursuant to the laws on the judiciary and with the guarantees laid down therein, or with the consent of the judge concerned.
The final arrangements following a divorce must be decided by the court of first instance.
They can also help if you need to rent or buy real estate, if you want to set up a company, if you are crippled by debt, if you want to conclude a contract with a new employer, if you have been the victim of an accident or an assault, if you are summoned to court, if you are separating from your partner, etc.
1.4 Assistance Parties may be assisted by any person: this does not necessarily have to be a lawyer or a legal procurator.
The court sets the duration of the mediation, which may not exceed three months.
Undisputed enforcement of obligations: the judge, having examined the validity of the application and having found that it should be accepted, takes a decision determining which obligation is to be enforced and how far.
Most of them are also family therapists, social workers or lawyers.
Absolute (preclusion) time periods are those upon the expiry of which the substantive rights themselves lapse.
Is access to the Irish insolvency register free of charge?
If the parties' means fall below the applicable thresholds, the state will contribute to the cost of a lawyer or mediator.
The police, public prosecutor’s offices and courts must provide information on the right to compensation and the body to which the party may apply to exercise these rights to all persons who, under the Crime Victim Compensation Act, have the right to seek compensation from the Republic of Croatia.
2.1 The procedure The application is made through a summons (assignation) to appear at a hearing held for the purpose at the normal date and time for such hearings.
The day of the deceased’s death must be evidenced by a death certificate, a notification of death issued by a special registry of the Slovak Ministry of the Interior when a Slovak citizen dies abroad, or a court decision delivered in proceedings to declare a person dead in the case of missing persons, where the date of death is declared by the court.
Austrian marriage law provides for 'nullity of marriage' (‘Ehenichtigkeit’).
Bar Association, Austrian National Bar Association A federal province’s attorneys at law and candidate attorneys at law entered on the list concerned together form a bar association.
In an application for maintenance, the defendant must make a down payment for the plaintiff’s court expenses, which may not exceed EUR 300 [Article 173(4) CCP].
The property must belong to the debtor; be transferable; have some monetary value.
Based on an ‘open’ register underpinned by a state-guarantee, the system was designed to replace gradually a registration of deeds system that had been in operation since 1707.
The court will authorise the expert to return the appropriate amounts lodged at the court office, or as appropriate, payment of additional sums to the expert, indicating the party or parties who are to be responsible for this.
If there is no statement of opposition by the defendant, the European Payment Order will become automatically enforceable.
However, both the petitioner and the respondent may subsequently apply for legal aid after proving that their financial circumstances have changed.
In indispositive cases, i.e. cases relating to matters concerning which the parties cannot reach conciliation, there is an opportunity for the court to introduce evidence to the case without this being requested by either party.
In the second instance, cases are tried by a panel of three judges, or in the Supreme Court five judges.
Consequently, there is a hierarchy of norms, the principle being that lower-level norms should never conflict with higher-level ones.
The applicant has to provide evidence of one or more of the facts required to prove the breakdown of the marriage, and, unlike those who seek a divorce, does not need to wait for three years from the date of the marriage to commence proceedings.
An annulment has retroactive effect and applies from the time of marriage.
The law lays down the legal requirements for divorce (see section 2).
The competence of the Centre is defined in Act No 305/2005 on the social protection of children and on social guardianship, amending and supplementing certain acts.
Again, this depends on where the property is located.
3.4 the obligation to pay maintenance to the other spouse?
On pronouncing a decree nisi for divorce or any time thereafter, the Supreme Court has power to order that the husband shall pay his wife, during their joint lives, such monthly or weekly sum for the maintenance and support of the wife as the Court may think reasonable.
The Hungarian system serves multiple purposes, given that besides its activities covering the full spectrum of land registry it carries out a number of other tasks, such as the establishment and maintenance of the geodesic control point network, topographic mapping, land conservation, land lease registration and the maintenance of administrative boundaries.
In the context of maintenance, the following provisions are important: Proceedings relating to judicial child protection are among those exempted based on the subject matter.
According to Section 1338, the claim must be substantiated by a written document drawn up by the debtor.
Disputes over maintenance claims are family law cases and are dealt with by the family court (Familiengericht).
You can search for information by person, by estate or by deed.
The European Court of Human Rights The entry into force of the Lisbon Treaty requires the European Union to accede to the European Convention on Human Rights.
Via this page of the Portal, you can find information both on EU and Member State law.
Ordinary courts – introduction General courts deal with criminal and civil cases.
If the obligee does not pay this advance at the enforcement agent’s request within the time limit specified by the agent, which must be no less than 15 days, the enforcement agent will issue notification of the suspension of enforcement.
Other conditions attached to the granting of legal aid for victims Victims may claim compensation from the Ministry of Justice (according to Act No. 209/1997 Coll.).
By post, telegram, e-mail or any other electronic means providing a reliable record of the receipt, date and time of receipt and content of the documents served.
Stage of the criminal proceeding where fixed costs must be paid Fixed costs must be paid at the beginning of the proceedings.
Restructuring Creditors who, outside the restructuring proceedings, would have an equal right to the payment of their claim shall have an equal status in the debt arrangements within the restructuring programme.
Federal statute law requires the presence of at least one third of the members of the Lower House and an absolute majority of the votes cast.
Article 1410(2) of the Judicial Code indicates the types of claim that can never be attached, in particular claims to family benefits and the minimum wage.
The notary draws up a statement if there is a surplus from the assets auctioned, gifted or bequeathed or if the gifts or legacies exceed the disposable portion.
See Article 1046 of the Civil Code, Article 162 of Act No 36/1995 on public notaries and notary activities, as republished.
The Legal Profession and Bailiffs Department (Τμήμα Δικηγορικού Λειτουργήματος και Δικαστικών Επιμελητών) of the Directorate-General for the Administration of Justice of the Ministry of Justice, Transparency and Human Rights is responsible for certifying mediators and issuing administrative acts required for certification.
Where such a law does not have a close connection to the relationship but a connection with another law exists, then that other law applies.
Indeed, in circumstances in which the decision of a lower court is final, the practice of the lower courts may be of great practical importance.
In the first instance, the P account automatically protects balances up to the level of the basic exemption, which currently stands at €1 028.89 per calendar month.
RIGHTS THAT MAY BE SUBJECT TO SUCCESSION The body of rights that do not expire on the death of their holder but continue beyond it may be subject to succession.
Related link: Privacy Commission Other equality bodies Prison monitoring committees Prison monitoring committees (commissions de surveillance des établissements pénitentiaires/commissies van toezicht op het gevangeniswezen) ensure external oversight of the treatment of prisoners.
The presumption of innocence operates throughout the trial.
Then, the witnesses and persons involved in the pre-trial investigation are heard.
The master introduces the devil to the practical work of a barrister and will usually ask the devil to assist with the drafting of court pleadings, legal research and to attend court on their behalf.
Any interested person may also go to the Court of Voluntary Jurisdiction to seek a decree ordering the opening of a succession in his favour.
When in accordance with the provisions of this Act the document is delivered to another person and not the person to whom the document is addressed, the server shall indicate on the bill of delivery the type of relationship of the two persons.
Cases in which a marriage may be dissolved are detailed in the Family Law part of the Civil Law of Latvia and in Division P of the Notaries Law.
The appointment of an administrator is mandatory for the purpose of distribution of the estate.
Scope and Background 1.2.
Only the official document issued and signed by the court registrar has the authentic information provided by the company to the business and companies register.
Is access to the land register of Lithuania free of charge?
The Commission, which is an administrative tribunal, grants the financial assistance on the basis of fairness.
The losing party may be obliged to pay a statutorily prescribed contribution towards the other party's legal representation costs (Sections 1018 and 1022 of the Judicial Code).
This is an ex parte proceeding, since the Court rules on the creditor’s application without hearing the debtor or allowing him or her to submit a response or remarks.
Where the applicable foreign law makes no provision for legal separation or divorce, Italian law applies (Section 31 of Act No 218 of 1995), that is to say that the lex fori prevails in such cases.
Applications to review measures relating to the exercise of parental responsibility, including applications in relation to adoption, where the child was adopted before the age of 15 years, or measures taken following a divorce, or applications for maintenance payments may be made without a lawyer by way of a simple application.
Thus, the name and domicile of spouses are regulated by the law which governs their personal relationships in accordance with Article 14 of the Civil Code; in respect of minor children, they are governed by the law on the parent-child relationship in accordance with Articles 18-21 of the Civil Code.
If the opposing party gives its consent, the request may be filed even in the absence of any urgency.
During enforcement the judge can order incomplete formalities to be rectified, stipulating which of the incomplete formalities must be carried out again and who is to bear the costs involved.
If the auction pertains to movable property, it may take place, at the bailiff’s discretion, at the district civil court either of the place of enforcement or of the place of seizure or of the place where the property is kept.
History of the German Company Register All registration information recorded since 2007 is available electronically.
Other special courts Article 117 of the Spanish Constitution of 1978 establishes the principle of jurisdictional unity that is the basis for the organisation and operation of the Courts.
Information on cost sources is available on the website of the Ministry of Justice.
6 If the occurrence of an event sets the time running, is the day when the event occurred taken into account in the calculation of the time period?
Value added tax How is this information provided?
The legal regime governing matrimonial property is determined by the law of the state of the spouses’ permanent residence.
In addition to these financial limits, legal aid is not available to parties with assets above a certain value requiring disclosure to the tax authorities.
Appeals may be lodged against rulings by a court of first instance on divorce or annulment or on whether a marriage did or did not exist before the relevant superior court, i.e. the Regional Court (Landesgericht) which acts as the Court of Second Instance for the competent District Court.
The central administrative courts examine facts and points of law.
Languages accepted: Spanish, French and English.
The Constitutional Court is also empowered to rule in cases where it is alleged that legislation violates the fundamental rights and freedoms secured by Title II (Articles 8-32) of the Constitution.
These include the principle of equality (Article 10) and the ban on discrimination (Article 11).
Precautionary attachment may be converted into attachment in execution (Articles 1489 to 1493 Judicial Code).
The petition is examined by the district court (rayonen sad) with jurisdiction over the respondent's place of residence.
In practice, they use a weekly equivalent of the current civil 33% disposable income limit of £11,540 (effective from April 2016).
Therefore, if an individual feels that his fundamental human rights have been infringed one must first exhaust the remedies available.
Criminal proceedings in Belgium are divided into investigation and trial stages.
Other special courts Constitutional Court The Constitutional Court is the judicial authority for the protection of constitutionality.
The CMC is one organisation representing civil and commercial mediation providers.
The most important feature is the openness of the system and the freedom as to forms of evidence in commercial undertakings.
The decision is issued to a bailiff, who then takes the necessary steps to serve it.
Summary of the criminal process The following is a summary of the normal stages in a criminal process: The investigation establishes whether a crime has been committed and identifies who by, and ends with a decision to prosecute or to close the investigation; The “instruction” or inquiry stage is optional, depending on the charge, the defendant, or the plaintiff or civil party in the criminal process.
In personal bankruptcy, the creditor does not lose the claim if it was notified after the deadline, but the administrator places it on the list of additional claims.
The responsible ministries also administer the necessary budgetary resources.
Directorate for Investigating Organised Crime and Terrorism (DIICOT), responsible for investigating and prosecuting organised crime and terrorism.
District administrative courts and tax courts These are courts of first instance, the main function of which is to rule on disputes on administrative and tax matters.
In some cases the law provides for an extension to a deadline.
History of the Slovak Land Register The Land Register portal has been in service since 2004.
An application for withdrawal of a European Enforcement Order certificate in accordance with Article 10(1)(b) of the Regulation shall be made on the form provided for by Article 10(3) of the Regulation to the court that endorsed the order as a European Enforcement Order.
After a final decision on succession determines what shares of the inheritance right belong to each heir, everything that until then has been common property is administered and disposed of by the co-heirs, up to the time of estate dissolution, according to the rules under which co‑heirs administer and dispose of property, with the exception of that which has been entrusted to the executor of the will or guardian of the estate.
The order has the status of an authentic instrument.
National asset registers Land and mortgage registers (księga wieczysta) are maintained by district courts (sąd rejonowy) in order to determine the legal status of property.
In general, no more than 33 % or, in exceptional cases, no more than 50 % of this amount may be deducted.
Data that has been deleted may also be obtained on request provided it was entered after the conversion to the electronic register.
The complaint should give a detailed description of the situation observed, identify the person responsible, specify the exact date and place (street and door No, town, parish and municipality) and, if possible, be accompanied by a location map of the reported situation.
EXAMPLES: Where the ROJ is: the national case-law identifier.
Since in Germany there are some 8 000 notaries and hundreds of youth welfare offices, it does not seem appropriate to compile a list of them for publication in the Official Journal.
The Specialised State Prosecutor’s Office is responsible for prosecuting criminal activities in the areas of organised traditional and economic crime, terrorism, corruption and other criminal activities requiring detection and prosecution by specially organised and trained state prosecutors.
Brief description of content Judiciary of the Republic of Slovenia gives you access to several databases, such as: Judicial system of the Republic of Slovenia Judicial administration Public registers (land registers, judicial register).
An exception will be made in certain circumstances, in which case annulment has the same effect as divorce.
See Jurisdiction of the courts.
He or she may lodge objections and request the revocation or amendment of unlawful measures within the time limits and under the conditions provided for by law.
National law(73 Kb) FINDING COMPETENT COURTS/AUTHORITIESThe search tool below will help you to identify court(s)/authority(ies) competent for a specific European legal instrument.
The county court (megyei bíróság) acting as a court of first instance may conduct its procedure by means of a panel (tanács) consisting of one professional judge and two assises.
The report shall be signed by the person carrying out the service and the one receiving the document or, in the event of his/her refusal or inability, by the witness hired to that effect (139.2 CCP).
Civil and criminal cases are tried by the district courts (first tier).
Sometimes, this is implied by the law, as in the Civil Code for instance (reasonableness and fairness).
All judges form part of the judicial branch, which is required by Article 66 of the Constitution to protect individual freedoms.
(4) Errors in the enforcement documents referred to in Paragraph 1 of this Article shall be rectified by a court decision.
14 What are the conditions for, and the effects of closure of insolvency proceedings (in particular by composition)?
Seizure takes effect on the day the decision on seizure is registered in the central register of book-entry securities.
Member states will communicate this to the courts and other authorities competent to receive such requests.
However, the addressee of a document served by registered letter with a form for acknowledgement of receipt can subsequently contest the validity of this service by proving that neither his home address nor his residence nor his address for service was at the address indicated on the registered letter.
If the testator cannot sign the will, he or she must state the reason why and the notary makes note of this statement before reading out the will.
The training curricula represent basic reference documents and help govern the design and planning of training activities for EJTN's members.
Support for witnesses and victims Support for victims and witnesses in the Republic of Croatia is coordinated by the Independent Service for Victim and Witness Support (Samostalna služba za podršku žrtvama i svjedocima) at the Ministry of Justice.
Belgian law does not grant them any automatic right to inherit.
The admissibility of the application is not affected by the reasons why the debtor failed to challenge the claim or to appear at the court hearing.
2.1 Obligation of the judge to apply conflict of law rules on his own initiative Belgian judges do not apply only Belgian law.
The right to practice as a lawyer ceases when a lawyer is removed from the register on grounds specified by law, such as death or being declared dead, loss or restriction of legal capacity, being struck off the register as a disciplinary measure, bankruptcy, or at a lawyer’s own request.
With regard to Article 3(2), the Court of Appeal (Tribunal da Relação) is the competent court.
Entitlement to legal aid also applies to cross-border disputes if the applicant lives outside the Netherlands but within the EU.
If both parties are foreigners they can get married in Spain in accordance with the same provisions as for Spaniards or the provisions of the personal law of either party.
Since the entry into force of Law No 2008-561 of 17 June 2008 (which includes transitional provisions), the period of prescription after which a right is lost under ordinary law is five years (it was previously 30 years).
Registry data can be accessed at the registry departments, online and at notary’s offices.
Upon receiving the order for payment, the debtor has 40 days to contest the claim.
Payment in instalments: With the exception of tax debts and public debts enforced as taxes, the bailiff may determine, at the request of a debtor that is a natural person, the conditions for paying a debt in instalments after the bailiff has taken measures to locate and seize the debtor’s assets and the debtor has already paid a part of the enforceable claim.
The address and telephone number etc. of the police district in question can be found via the website of the Danish National Police.
There are Courts Service offices throughout Ireland, details of the addresses and opening hours are on the Courts Service web site.
The assisting authority translates and transmits the application to the deciding authority of the EU country where the crime was committed.
Auction notices are published in daily newspapers.
The appeal court has jurisdiction over at least two regional courts (its appellate area).
The Trade Register records all documents, acts, mentions and the identity of the professionals concerned, the recording of which is required by law, and any other acts and documents expressly provided for by law.
1.2 Multilateral international conventions Conventions which are ratified and published in the Republic of Slovenia are directly applicable and prevail over national laws.
Income limit for victims in criminal cases Under Article 44(5) of the WRB legal aid for victims of sexual offences or violent crimes is free of charge, regardless of the victim’s ability to pay, if a case is brought and if the victim is eligible for compensation under Article 3 of the Law on the Criminal Injuries Compensation Fund.
Article 440 of the Criminal Procedure Code lays down the right to be aided by an interpreter, and Article 441 states that 'The interpreter shall be selected from persons qualified as such, if there are any in the locality.
KEY POINTS Unfair commercial practices are those which: are contrary to the requirements of professional diligence* and; are likely to materially distort the economic behaviour of the average consumer*.
Are there administrative or other charges to be paid in this country for processing my claim (received from another EU country)?
To calculate the sum of money to which she is entitled, the compulsory portion fraction must be multiplied by the value of the estate at the time of inheritance.
A spouse also enjoys protection from a will made by the first deceased spouse.
A list of attorneys-at-law willing to act as a conciliator can be found on the website of the Estonian Bar Association.
Under the personal circumstances criterion, court fee exemptions apply to: applicants in proceedings for a maintenance order, proceedings for an increase in a maintenance allowance, as well as proceedings for payment of late charges on maintenance allowances and proceedings for the recognition or declaration of the enforceability of a foreign maintenance order; unmarried mothers in proceedings for a maintenance allowance and for payment of certain expenses related to pregnancy and childbirth.
2.1 The procedure The demand for the issue of one of the measures mentioned must be made by sworn application prepared by the applicant and must contain the origins and the kind of debt or claim sought to be secured: where the right sought to be secured is a debt or a demand that may be satisfied by the payment of a sum of money, the amount must be stated in the claim.
Territorial competence is established under ordinary law.
An action may be filed directly in the registry office of court, by mail or by wire (telegrafski), although it is most common to either file it directly the registry office or by post.
Case-law Presentation of decisions / Headline Although keywords do not feature as a headline in the case law, there is a function in the national judgments application (part of the Legal Case Management system used at the Courts of Justice) whereby certain judgments deemed to be of interest are indexed.
Article 151(1) of the Constitution provides for the independence of judges in the exercise of their office, and the independence of the State Counsel’s Office in the conduct of investigations and prosecutions in individual cases, subject only to the right of the responsible minister to order that a prosecution be brought and to issue binding criminal policy guidelines, including guidelines on investigation and prosecution policy.
Regulatory rather than legislative power has been given to Local Authorities.
However, there is no reason why the interpreter cannot be physically present with the witness.
In the event that a debt restructuring decision is amended, the duration of the payment plan may be set at a maximum of seven years.
A mediator is appointed by the parties or by another person of their choice.
The Supreme Judicial Council statistics department provides analysis and information on the average length of court proceedings in civil, criminal and administrative cases.
The fee can vary greatly from case to case, depending on the length of the hearing, the distance and time taken to travel to and from the court, and the means by which the interpreter travels.
Partial exemption from attachment and assignment applies to income from work and other activities, as well as to allowances, pensions and other income.
Defendants can respond via the internet but using the internet is not compulsory.
Information and training Mediator in criminal matters The Act of 6 May 1999 and the Grand-Ducal Regulation of 31 May 1999 introduced the system of mediation in criminal matters.
Procedures for rectification and withdrawal (Art. 10(2))
The procedures for rectification are the same as referred to in the Civil Procedure Rules.
There are two forms of “maintenance”: in kind or in cash (maintenance allowance).
In 2013, the average remuneration was PLN 3 650 (approx. EUR 900) gross a month.
The Land Arbitration Board (Bord tal-Arbitraġġ dwar Artijiet) – hears cases dealing with the classification of expropriated land and the amount of compensation due to the owner.
Experts and parties can also be examined by video conference.
In the event that the deadline is exceeded, the draft legislative act or legislative proposal is considered adopted and is forwarded to the Chamber of Deputies, which takes the final decision.
Enforcement of a monetary claim is also permitted on the basis of an authentic document.
Non-compliance of registered information If the content of the entry in the public register is contrary to a mandatory provision of the Act and if there is no other possibility of obtaining redress, the commercial court invites the registered person to obtain redress.
In that report the trustee will set out the reasons why the bankruptcy proceedings have not been completed and provide information concerning the sold and unsold bankruptcy estate and concerning the administration of the bankruptcy estate.
Since 2005 in some specific cases interim measures need not be followed by a substantive ruling.
It should be noted that the superior courts have an inherent jurisdiction, to make orders which will enforce an Irish citizen child’s constitutional rights regardless of the child’s place of habitual residence.
In addition to hearing appeals, the Supreme Administrative Court hears cases on the dissolution of political parties or political movements, on the suspension or resumption of their activities, on complaints concerning jurisdiction and on the full or partial repeal of measures of a general nature.
The rights of exemption and the rights to separate satisfaction are not subject to examination.
If a fee has not been paid when payable, with the submission of an application for the initiation of proceedings, the court will ask the payer to pay the fee within a deadline that the court determines, usually ten days from the service of the request; if the fee is not paid in spite of the request within the time limit set, the court will suspend the proceedings.
The Constitutional Court The primary task of the Constitutional Court (Verfassungsgerichtshof) is to check compliance with the constitution and fundamental rights.
The jury decides questions of fact and damages awarded to the injured party.
Creditors must notify their exclusion rights which arose before the start of bankruptcy proceedings within three months after the notice on the opening of bankruptcy proceedings was published.
This has been reconfirmed in the 2004 Hague Programme in order to strengthen justice as well as by the European Commission in the so- called 2009 Stockholm Programme.
Victims now have the legal right to a high quality of service from the criminal justice agencies.
Websites for the courts: Court of Cassation State Council Constitutional Council Audit Office 3.
The Code of Civil Procedure explicitly provides for special cases where this rule is not observed.
If no executor of the will has been appointed, the heirs who are administering the estate jointly prior to division may assign administration of the estate to a special administrator.
Access to and extracts from the commercial register are subject to payment of a fee.
The correction should be made on the original certificate.
3.2 The main conditions In order to be able to execute enforcement, the petitioning creditor must have an enforceable decision on an enforcement order.
The court proceedings in which the public prosecution service plays a part are essentially criminal proceedings.
This applies to both first instance and appeal proceedings.
A limitation is prescribed – a right in rem must not be exercised in conflict with the essential principles of the lex situs of the property (Sections 18(1) and (2) of the PILA).
For example, under the Brussels I Regulation, the forum is determined according to the main rule so that a case involving a demand for payment must be processed in a court of the defendant’s place of residence.
It will be accessible by means of a formal retrieval and visualisation system.
If a document is held by a third party, that party may be summoned as a witness and requested to bring the document.
An independent authority for the prevention of torture: In this capacity, the Commissioner freely visits places in which individuals are entirely or partly deprived of their liberty (such as prisons, police detention centres, psychiatric institutions, or homes for the elderly), to observe and record the living conditions.
Junior creditors are not taken into account in partial distribution.
Among other things, an executor administers the estate (Article 96(1) of the ZD).
The aforementioned documents are submitted in the original or by way of certified copy.
Once enforcement has been approved, for the category of debts which are liable to be enforced, in accordance with what has been stated above, the debtor’s assets are sold by public auction in accordance with the rules of civil procedure according to their category, i.e. sale of movable and/or immovable assets by public auction.
In the case of terrorism offences, the time limit for submitting applications for compensation for personal injury or material damages is generally one year from the date on which the harm occurred.
In performing these tasks, the ombudsman is independent and autonomous.
Under Article 359(2) of the CC, statutory interest is set at a rate corresponding to the sum of the reference rate of the National Bank of Poland plus 3.5 percentage points.
The lower courts do not have jurisdiction over the whole of Belgium.
There are also internationally qualified mediators working in Estonia who are competent to handle cross-border mediation cases in which one parent has taken a child to a country that is neither the child's native country nor its habitual country of residence.
This time limit may be extended for serious reasons, but cannot be extended on expiry of the time limit (the deadline cannot be waived).
There is no upper limit to the value of the claim.
Related annexes Order for payment: Code of Civil Procedure, Sections 633–656(112 Kb) Order for payment: Code of Civil Procedure: jurisdiction(46 Kb)
Official government communications relating to the state business sector, pursuant to Decree-Law No 133/2013.
In its decision, the court will take into account the needs of the person requesting or receiving the maintenance allowance and the means (financial resources) of the person who is required to pay or is paying the maintenance allowance.
In Portugal, there are specialist mediators who deal with family, labour and criminal matters.
All laws are drafted in Maltese and English, as both are the official languages of Malta.
The Ministry of Justice’s public website contains a section with information on the various forms of international legal assistance, related legislation and agreements, contact details and instructions.
The course is available here in English.
An appeal is governed by Articles 466-482 of the Code of Civil Procedure.
Regulatory framework governing fees of legal professionals Lawyers In Spain there is only one category of lawyer (abogado) who, after becoming a member of the professional association of the place, can appear in any type of proceedings and before any type of court.
No, except for debts for non-payment of common expenses payable by owners of properties in urban apartment blocks or condominiums, since in this case the court of the place where the property is located also has jurisdiction, at the choice of the applicant.
If either of the deceased’s parents pre-decease him/her and have left no descendants, that part of the estate that would have passed to that parent had they outlived the deceased is inherited by the other parent.
In practice, this means for example that a party to a case only needs to be served a document once with proof of receipt.
Decisions to accept new members are made by the Board of the Bar Association.
The Ministry of Justice cannot, however, pay maintenance on behalf of the debtor.
A lawsuit seeking a voidable claim must be lodged within six months after the expiry of the deadline for paying the claim, as set out in the confirmed compulsory settlement.
With regard to confirmation of death, the District Court of The Hague has jurisdiction (Article 269 of the Code of Civil Procedure).
JUDGMENTS OF THE CONSTITUTIONAL COURT AND OF THE COURT OF AUDITORS PUBLISHED IN SERIES 2 OF THE OFFICIAL GAZETTE Law No 28/82 (Organisation, Functioning and Procedures of the Constitutional Court; consolidated version in English available here) Law No 98/97 (Organisation and Procedures of the Court of Auditors).
However, all assets of the debtor which are not considered the basic necessities of the debtor shall be used to cover the debts.
The amount seized is calculated from net earnings.
(2) If the enforcement is contested, the duty is calculated on the value of the goods involved in the contested enforcement, or on the amount of the debt in question, when the debt is lower than the value of the goods.
Are there any other criteria that could affect my chance of receiving compensation and/or the amount?
If he/she fails to comply voluntarily with what the enforceable judgment imposes on them, the creditor may apply to a court or a bailiff for judicial enforcement or execution.
For claims of more than 2 000 euros, the document is more complicated because it must also include a description of the facts of the case, the legal grounds for the claim, and an ordered list clearly identifying the documents and other evidence submitted.
Users of the portal can easily search for legal documents by several criteria, and can also be alerted by e-mail or RSS feed to changes in the legislative stages of the publication of new drafts in their chosen areas.
They can give advice on all legal matters and represent clients in court.
Official announcements are published on the website of the Official Gazette of the Republic of Croatia and on the e-Notice board of the Ministry of Justice of the Republic of Croatia.
B. Garnishment This form of attachment removes control over the entire claim attached, regardless of the value of the claim which formed the grounds for the attachment.
Note: prohibiting the exercise of parental responsibility may relate solely to the guardianship of the child themselves or to the administration of their assets, or cover both aspects.
This can either be done in the presence of and recorded by the probate court or be submitted after certification by a notary.
Applications should be filed at the Supreme Court Registry, 277 Main Street, Gibraltar.
The person bringing the case must be physically present in the court hall during the sessions.
After initiating the proceedings in the civil register office, Article 14(3) of Decree-law No 272/2001 of 13/1 states that the registrar should inform the spouses seeking divorce of the existence of mediation services.
Background material Sweden’s country report of the Study on the Transparency of Costs of Civil Judicial Proceedings(457 Kb)
European and international dimension By clicking on the EU and international flags available at the right hand side, you will find information on implementation of ECLI by the Court of Justice of the European Union and the European Patent Office.
When one of the measures referred to above has been enacted – by the court or by the committee for the protection of children and young people – the parents retain the exercise of parental responsibility in everything that is not incompatible therewith.
2.- Abbreviated extract from the register An abbreviated extract from the register ('nota simple') is of a purely informative nature and is not an authentic representation of the content of the entry, without prejudice to the Registrar’s responsibility.
Opening: the mediator sets the stage The mediator starts by explaining the purpose of mediation, the process and the mediator’s role within it.
Where an adopter and adoptee are nationals of different States and do not have a permanent residence in the same State, the law of the State of which the adoptee is a national applies.
The Swedish Tax Agency (‘Skatteverket’) can provide information about where a person is entered in the population register (tel: CONTACT_INFO).
It is also the indictment division that refers suspects to the assize court on charges of serious crime, press offences or political offences.
Civil proceedings are conducted in the Croatian language and with the use of Latin script unless the use of another language or script has been introduced in individual courts.
Applications are to be considered in the light of the qualifications and professional experience of the applicant, which may have been acquired in an EU Member State other than France, and of the interest shown by the applicant in working with the justice system.
In addition to the trustee’s rights provided for by law, a trustee also has the rights of an interim trustee.
Property rights may be applied against a person who has no other competent court in the Czech Republic at the court in whose district he/she owns property.
These effects are therefore the same as in cases of separation or divorce.
How to search for a mediator in Germany You can search for a mediator by name, by office location, by area of expertise or by postcode.
In this case, the trustee will also continue to perform their duties after the bankruptcy proceedings are closed.
The point in time when a child becomes legally ‘able to fend for itself’ varies from case to case, each considered individually, on its own merits, by a court.
Where a child’s place of habitual residence changes to a country which is not party to the convention referred to in paragraph 1, the law of that country shall thenceforth determine the conditions of application of measures in the country of the child’s former habitual residence.
Enforcement through the sale of a pledge can be performed for a seized claim through the sale of pledged movable and immovable assets, common items and sets of items, through the seizure of a pledged financial claim and the seizure of other pledged proprietary rights (Section 258(3) of Act No 99/1963, the Civil Procedure Code, as amended).
The parties do not receive any confirmation whether the case has been filed correctly or not; however, it should be noted that the Court Registrar will not receive any sworn application that does not satisfy the elements indicated in question number 9.
The will may be delivered to a notary in a sealed envelope for safekeeping.
Executive titles by means of a contract when the debt is certain, liquidated and due, actions under section 166A of Cap. 12 of the Laws of Malta, and bills of exchange and promissory notes may be made enforceable again after three years have elapsed.
17 Can the parties or their legal representatives consult on-line cases?
A testator may freely determine the disposition of their whole estate in the event of their death, with the restriction that those persons entitled to a reserved share are bequeathed the said reserved share.
Court costs include the State fee, the chancery fee and procedural costs, such as sums payable to the witnesses and experts, expenses related to the questioning of witnesses, expenses related to the delivery of a copy of the claimant’s application and the writ of summons, etc.
General Arrangements and Quality Principles 3.2.1.
Yes, it is possible for evidence to be taken by videoconferencing.
The 1885 Commercial Code (Código de Comercio).
In this case, the lawsuit for annulling the relief from obligations does not have to be brought within the three-year deadline.
The use of modern technologies (including videoconferencing) allowing remote examination is currently permitted in those courts that have the necessary technical equipment.
10 In terms of the electronic procedure what happens if the defendant responds to the claim?
Subject to a positive comprehensive appraisal of performance, prosecutors acquire tenure by decision of the Supreme Judicial Council after five years in office.
For contact details, see response to question 14.2.
An appeal on points of fact and law may be lodged in all cases on the grounds of invalidity or mistaken legal assessment, and such an appeal may be lodged in some specific matters or in any case above a value in dispute of EUR 2 700 on the grounds of procedural errors or incorrect findings of fact.
If a witness who has been summoned in the proper manner fails to attend and their absence is unjustified, or if they leave without permission the place where they were to have been heard, the court may order them to be brought by force, at their expense, and may also impose a fine of up to EUR 1 300).
Finally, the time limit may be shortened by judicial decision, upon agreement of the parties.
The presumption of fatherhood remains with the mother’s spouse even after the marriage has been annulled.
The amount claimed does not have to be overdue.
If the claim is not for a definite sum of money, then the plaintiff must apply to court for judgment and judgment may not be obtained otherwise than through going to court.
The applicable rate of VAT is still 19.6% with the exception of services given to recipients of legal aid (5.5%).
The bodies of the Chamber are its Assembly (Skupština), Management Board (Upravni odbor) and President (Predsjednik).
As stated in point 5, a court uses service by posting on its notice board if provided for by law and the parties to the proceedings or their whereabouts are not known to the court.
No, a case may be brought to court at any time.
The Constitutional Court may fully or partially annul any law it finds to be in conflict with an international agreement, and call upon the legislature to take the measures necessary for resolving the conflict before a set deadline.
The regime of reversal of responsibility for action applies mutatis mutandis to the provisional restitution of ownership, the suspension of corporate decisions, provisional maintenance, new construction embargoes and other measures provided for in separate legislation which, by their nature, enable final settlement of the dispute.
The criminal courts are responsible for hearing criminal cases.
Having obtained the certificate of additional training in Luxembourg law, trainees are admitted to list II of one of the bars of Luxembourg.
The curator upon assuming his duties of this office shall take possession of all the bankrupts’ property and rights of any kind belonging to the bankrupt.
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In the case of seized immovable property, after researching its value, the auctioneer determines a reserve selling price.
Procedural documents may be served by the court clerk and by fax, e-mail/other means that ensure the transmission of the document’s content and the acknowledgement of receipt thereof, where the party concerned indicated to the court his/her contact details for this purpose.
Once a Bill has passed through both Houses, it is returned to the first House (where it started) for the second House's amendments to be considered.
The spouse and either parent may, in the second succession class, inherit the entire estate.
The law enters into force on the fourteenth day after its promulgation (publication) in Latvijas Vēstnesis, the official gazette, unless the law provides for a different deadline.
When admitting a petition, the court suspends enforcement proceedings (or compulsory enforcement) for the collection of money conducted with regard to the debtor’s assets until the debt restructuring plan is approved or the proceedings are closed.
Precautionary attachment For precautionary attachment, in principle the permission of the judge of attachments is required and there must be reasons of urgency (Article 1413 Judicial Code).
Where the Regulation does not apply, the governing law is the Slovenian national law, namely the Financial Operations, Insolvency Proceedings and Compulsory Dissolution Act (Zakon o finančnem poslovanju, postopkih zaradi insolventnosti in prisilnem prenehanju; abbreviated as ZFPPIPP, UL RS, ZFPPIPP-UPB7, No 63/2013).
3.2 the division of property of the spouses The new Family Code lays down several possible property regimes between the spouses during the marriage: statutory matrimonial property regime; statutory separate property regime; and contractual regime.
The current contract is terminated as of right if, on the expiry of a period of one month, the court-appointed administrator has not expressly required performance of that contract.
If the majority prescribed by the Bankruptcy Act accepts the voluntary arrangement and the arrangement is in compliance with statutory requirements, the court approves the arrangement and the debtor is bound by it.
The writ of summons for bringing an action should be drafted according to Form 1 of the Civil Procedure Rules in the case of a general endorsed writ of summons, or according to Form 2 in the case of a specific endorsed writ of summons.
In general, parents should agree on who the child will live with, who will be involved in raising the child and to what extent, as well as how and for how long maintenance is to be provided.
Some enforcement costs are fixed: some cost LTL 60 per hour and some are determined based on a percentage of the value of the assets subject to enforcement.
Divorce by mutual consent may be applied for by the spouses when they agree on the principle of the breakdown and accept all its consequences.
Moreover, a joint decision of the Minister for Finance and for Justice, Transparency and Human Rights will also set out how fees and stamps are to be paid and collected for the judicial documents that are served by electronic means.
How to find a legal translator in Estonia The Estonian register of sworn translators provides information on sworn translators and their contact details.
Regional legislation is published in official gazettes; municipal legislation is displayed on the official council noticeboard for 15 days and then by whatever means is standard in that locality.
Stage of the criminal proceeding where fixed costs for litigants must be paid Civil party costs are not awarded in criminal proceedings.
b) Exactly what the claimant is seeking from the other party.
As may be seen from the response to question 1, this is only possible in certain exceptional cases in the summary process.
1.4 Assistance The Law on Civil Procedure does not make any special provision for legal assistance with small claims.
In this case, interest and default interest will not be calculated for the period of the bankruptcy proceedings.
Despite the above proviso, it is possible to calculate the average costs of a proceeding.
Bankruptcy and liquidation proceedings are non contentious civil proceedings before a court.
Belgian private international law states that foreign law is to be applied on the basis of the interpretation that is accepted in the foreign country; if the court cannot determine the content of the foreign law itself, it may request the cooperation of the parties.
The District Court hears appeals against judgments given at first instance by justices of the peace hearing cases within the Court’s judicial district.
The legislative process The draft bill prepared by the special legislative committee is sent to the central legislative committee in the General Secretariat to the Government, which ensures that it is properly drafted, and may make other observations regarding such things as constitutionality and compliance with international law.
For a legatee, acquisition of ownership is entered on the basis of a copy of the will stating that legacy.
If a line has more than one branch, subdivision takes place within the line, equally dividing the due portion of the inheritance.
Its decisions are subject to appeal to the court of appeal.
In exercising his or her judicial office, a judge is bound by the Constitution, laws/acts, general principles of international law and ratified and published international treaties.
Bankruptcy proceedings: Bankruptcy proceedings may be petitioned by the director of the debtor, while representation by a lawyer or legal counsel is compulsory.
The reserved portion of the estate corresponds to half of the intestate portion.
The defendant must submit such appeal within 15 days from the delivery of the written copy of the judgment at the court against whose decision it is targeted.
In the case of service by sheriff officer (i.e. in simple procedure actions where the claimant is an individual and does not have legal representation) and in simplified divorce/ dissolution of civil partnership applications) the £13 fee is payable when the service is requested.
5 Which particular court should I go to in this Member State, given the nature of my case and the amount at stake?
Spouses in Poland can turn to family mediation.
There is no fixed cost for mediation; it basically depends on the complexity of the case and the standing of the mediator.
Entries in the commercial register and the register of non-profit associations and foundations are public.
However, any fees paid prior to the issue of a decision on exemption are not refunded.
Legal basis: Government Emergency Order No 150/20 November 2002; Government Emergency Order No 180/2000; Law No 145/1997.
On the other hand, if significant changes in the condition of the property have occurred between the time when the description and valuation were carried out and the auction date, an additional description and valuation may be carried out at the creditor’s or debtor’s request.
The claimant must then serve the decision handed down by the court upon the debtor.
If the court refuses to hear the civil action due to a judgment of acquittal or termination of criminal proceedings, the expenses related to the proceedings of the civil action are borne by the State.
The witnesses and the authorised person append their signatures, in the testator’s presence, in a postscript that states that they signed as witnesses or as the authorised person (Article 71a of the ZD).
They may be applied when a law or contract directly provides for their application or if there is a gap in legal regulation.
The procedure is the same as for an exequatur action.
As these proposals concerned family law, they had to be adopted by the Council by unanimity after having consulted the European Parliament.
The legal source is Article 1282 of the Italian Civil Code (Codice Civile), which establishes that liquidated and payable claims accrue interest automatically, unless otherwise established by law or title.
Article 2(4)(d) – Languages that may be used for the completion of the standard form set out in Annex I The district courts accept standard forms completed in Bulgarian, English or French.
There are 115 social security tribunals.
This is not an alternative, but a special rule which replaces the basic rule.
In the two above-mentioned cases, the Romanian court may dismiss the application where it is clear, from all the circumstances of the case, that the dispute has no significant link to Romania (Article 1066 of the New Code of Civil Procedure).
An XML template is available for corporations and organisations that frequently file applications for a summons.
A trader can always use a receipted invoice to create valid evidence, whereas other written documents must emanate from the opposing party if they are to serve as evidence..
2.3 In which cases can the court reject an application by a party to obtain evidence?
(A) Creditors’ arrangement After the initial phase of the insolvency proceedings, when the assets and liabilities covered by the proceedings have been definitively established, there are two possible solutions: creditors’ arrangement or winding-up.
The court must identify the witness and explain the witness’s rights and duties as well as their liability for oath-breaking and non-fulfilment or improper fulfilment of any other of their duties.
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Is access to the register of companies free?
Pursuant to Directive 2008/52/EC, applicants may request that the content of the written agreement concluded as a result of mediation be made enforceable.
However, if the law of the forum so provides, the applicable law can also be designated by the spouses before the court during the proceedings (Article 5(2) and (3)).
In criminal cases you can contact the police district dealing with the case.
At the request of the counterparty the debtor must notify the counterparty in good time whether the agreement is to be performed,.
XML for decisions of the supreme courts, otherwise html.
Only in commercial law can an invoice (that has been accepted by the customer) in a sales transaction be used as evidence by a trader to prove his own case, even though it is a document he issued himself.
Commercial cases Actions arising from a commercial transaction must be brought within three years, unless another limitation period is specified by law.
4 What does the legal term “legal separation” mean in practical terms?
Omissions that caused the debtor to lose a right or on the basis of which the pecuniary claims against them were founded, maintained or secured are deemed equivalent to such legal acts.
Procedures for review (Art.19 (1)) With regard to the implementation of Article 19(1) of the Regulation, no additional rules have been incorporated into national legislation, as in Latvia these rules are covered by the provisions of the Law on Civil Procedure.
Once an application for the taking of evidence has been accepted, the witnesses are summoned to appear by means of a subpoena issued after an application by the party wishing to produce them.
For persons of indeterminate nationality, the law of the place of habitual residence is applied as the personal law.
These cases must relate to rental agreements entered into before 1 June 1995.
The website provides users with general information and it is possible to search the register of mediators by name, area of expertise, language skills and county in which their office is located.
If the heir wishes simply to accept the inheritance, he or she can do so, implicitly or explicitly, without specific formalities.
The Council of State is a superior administrative court and monitors the administration.
With regard to maintenance, the spouse against whom the separation is pronounced is required to supply maintenance to the other party and the children until they reach the age of eighteen years and up to the age of twenty-three years if they are remain in full-time education, training or learning.
Applications shall only be made in writing.
If part payments have been made, the applicant must reduce the amount applied for accordingly.
3 Conflict of law rules 3.1 Contractual obligations and legal acts The question of determining the law applicable to contractual obligations is regulated, in general terms, by Regulation 593/2008 of the European Parliament and of the Council (Rome I Regulation).
The basic criterion for determining a court’s jurisdiction is the nature of the matter.
To the Bank of Greece yes, but not to the others, as they are subscription-based services.
However, it cannot be used in the following cases: claims arising out of a consumer credit agreement with an interest rate of more than 12% above the base rate, claims dependent on the performance of obligations that have still to be performed, if the order for payment would have to be served by a published notice because the respondent’s address is unknown.
Heirs may also make a separate acceptance declaration .
The National Criminal and Administrative Court (Audiencia Nacional), the Supreme Court (Tribunal Supremo), the central courts of preliminary investigations (Juzgados Centrales de Instrucción) and the central administrative courts (Juzgados Centrales de lo Contencioso-administrativo) have nation-wide jurisdiction.
Ordinary civil courts (called district courts in the Cyprus legal system) have jurisdiction to hear most civil cases.
The person who submits an application to FINA must provide evidence of payment, after which that person receives the requested data and copies, and an invoice is issued for the service provided.
Even in the absence of an international agreement or reciprocity, foreigners are also entitled to a deferral of material costs.
A Bill, with its justification, must be submitted to the Marshal of the Sejm (Marszałek Sejmu), who forwards it to the President of the Republic, to the Senate and to the President of the Council of Ministers (prime minister).
Courts of appeal Finland has six courts of appeal.
Postal delivery takes place only once.
If maturity cannot be demonstrated in this manner, it is demonstrated by a final decision issued in civil proceedings where the maturity of the claim is being established.
Data may also be disclosed in electronic form.
The only exceptions are the personal ID numbers of natural persons and the home addresses of natural persons living abroad; these are not public.
It contains the judgments of the Supreme Court classified by area of case-law.
Therefore, one parent may lawfully remove a child to another state without the consent of the other parent only when he or she has exclusive parental responsibility or the child's place of residence has been determined or changed by a court, allowing removal to another state.
His assets shall be held in the possession of a curator who in turn shall have the right to sell and alienate the property with the Court’s approval.
An unmarried mother’s claim is prescribed three years after birth, and is also brought against the father’s heirs.
The Administration of Justice Act does not distinguish between the two categories of lawyers, and both are included in the Danish Bar and Law Society.
The Prosecutor General is the highest authority in the public prosecution service and is appointed by the President of Poland from a shortlist of candidates recommended by the National Council of the Judiciary and the National Council of Public Prosecutors.
The inventory must show all items in the estate, assets and liabilities.
As a rule this is avoided where a prison sentence is handed down, in which case costs are paid by the state, as they are where the accused is acquitted.
In principle, witnesses of fact give their evidence orally at trial where they are asked to confirm the truth and accuracy of their statements.
Division may be done amicably (Article 835 of the Civil Code) or by court order (Article 840 of the Civil Code).
When does the unsuccessful party have to pay the successful party’s costs?
The law governing the legal requirements for marriage conclusion also apply to invalidity of marriage and to the effects of such invalidity.
In such a case a court will appoint a guardian for the child.
Persons who have not appeared in court or who are newly included in the proceedings are notified of the time of the next court hearing in accordance with the Code of Civil Procedure.
Any case of a child being separated from his/her parents and any restriction of the exercise of parental rights must be preceded by the systematic provision of services and benefits provided for by law, with particular emphasis on properly informing the parents and counselling them, and therapy or mediation provided under a service scheme.
The Government has the executive power, including the power to regulate and on occasions exercises legislative power by delegation from the Cortes Generales.
However some data or information on our site may have been created or structured in files or formats that are not error-free and we cannot guarantee that our service will not be interrupted or otherwise affected by such problems.
Before approval by the registry office, the Public Prosecutor's Office (Ministério Público) will issue an opinion on the agreement, insofar as it relates to parental responsibility for minors.
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Can I do it orally or does it have to be in writing?
The first is governed by Article 362 of the Civil Procedure Code, which provides that where someone shows a justified fear that another person may cause serious and irreparable damage to their rights, they may, if none of the protective measures laid down by law are suitable for the case, request the appropriate precautionary or anticipatory measure to secure the effectiveness of the right at risk.
The national rules of civil procedure apply.
All of these portals are also available in English.
In the case of acts of waiver of the assets of the estate, an heir under benefit of inventory must request permission from the succession court (Articles 1902-1912 of the Civil Code and Articles 812, 838-841 of the Code of Civil Procedure).
Generally speaking, they are self-employed and work in groups in offices known as ‘chambers’, where they are known as 'tenants'.
If deadlines have been missed for important reasons and not more than three months have passed since the court judgment was passed, the court may, on the appellant’s application, restore the time-limits in question.
Romanian Ministry of Justice 17 Str.
In order to anticipate any enforcement problems, the Office asks the sending authority for clarifications and/or other extracts or translations of extracts where necessary.
In addition to the attorneys of the parties or the mediators in the dispute, the following parties may refuse to testify: the parties’ ascendants or descendants in the direct line of kinship, their siblings, relatives by marriage in the first degree of affinity, spouses, former spouses or common-law partners (Article 166 of the GPK).
Interim measures: Interim measures are used to govern the parties’ relations in the interim, i.e. provisionally, or in a situation where there are concerns that the enforcement of a judicial ruling may be undermined.
The ordinary court in commercial matters is the court in whose district the defendant has its registered seat, and if it has no registered seat, the court in whose district he is engaged in business.
A person will be deemed to be authorised by the addressee to take delivery of postal items at the latter’s home address provided that they can prove their identity and assume responsibility for the items delivered, unless they expressly object to doing so.
The debtor’s revenues, including general revenues from buildings, amounts in bank accounts, movable and immovable goods, etc. may be subject to enforcement.
The stage when fixed costs must be paid in civil proceedings Civil proceedings costs include all sums paid out or owed by the parties before or in the course of an action.
Related documents Luxembourg Report on the Cost Transparency Study(551 Kb)
If one party has lodged an appeal against a district court judgment, the other party, in addition to what was stated above, may appeal against the judgment within one week of the day on which the deadline for appeal for the first party expires.
Related attachments Lithuania’s report of the Study on Transparency of costs(950 Kb)
Court judgments do not create rights, and in general judgments handed down by higher courts are not binding on lower courts.
If the former wife remarries, she may no longer use the name of her former husband with a suffix indicating her married status.
To conform, goods must: comply with the sales description; be fit for the purpose for which the good was intended; and demonstrate the quality and performance that can reasonably be expected.
If the court has refused to hear your civil action, you can claim damages in a civil court.
Which authority decides on compensation claims (in national cases)?
An appeal may be lodged against a decision on the recognition or non-recognition of a decision made in another Member State.
The OM’s representative at these offices is called the advocate-general or Advocaat-Generaal.
If a debtor who is a legal person is permanently insolvent, the court will decide on the liquidation of the debtor who is a legal person by a ruling on the closure of the proceedings.
When a Bill has passed through all its parliamentary stages in the UK or the Northern Ireland Assembly, it is sent to the Sovereign for Royal Assent, after which it becomes an Act.
The court may of its own motion draw the parties’ attention to the need for further evidence, and may order that further evidence be taken even if the parties do not agree.
The President of the Republic may refuse to promulgate an Act adopted by Parliament and may within 14 days of receiving it return it, together with his or her reasons, to Parliament for a new debate and decision.
The purpose of mediation is to help the parties to a dispute find a solution that is acceptable to both parties.
The precautionary measure must be served upon the debtor within eight days at the latest.
Can I send my application by fax or by e-mail?
However, the established conditions do not prevent applicants whose resources exceed the quota from benefiting of legal assistance if they prove that they cannot meet the judicial costs due to the difference between the living standards of the state of domicile or habitual residence and the forum State.
In deciding costs, the judge will take into account the conduct of the parties, the efforts made, if any, before and during the proceedings to try to resolve the dispute (including attempting alternative dispute resolution).
The forms can be obtained in a schedule attached to the Rules.
The amount of aid for funeral expenses granted to the parents or guardians of a minor or a disabled adult who dies as a direct consequence of a crime will defray the costs actually paid up to a maximum of five monthly instalments of the IPREM in force on the date of death.
In the case of arrears in child and/or partner maintenance payments, this authority is the National Bureau for the Collection of Maintenance Payments (LBIO).
The general court of a natural person is the district court in whose district he/she has his/her residence, residence and if the party has none, then the court in whose district he/she is staying.
Assistance granted Any individual or legal entity which feels itself to be discriminated against by the action or inaction of any of the above institutions may apply to the Centre.
The maintenance obligation is the obligation of one member of a family to provide another member of the family with the means of subsistence.
Videoconferences can be used to hear witnesses, and in some cases the parties and the court experts.
Legal aid proportionate to the applicant’s needs can also be granted in other situations where the certain or estimated costs of the proceedings are likely to restrict effective access to justice, due for example to the difference between the cost of living in the Member State where the applicant resides and that of living in Romania.
Registrars’ functions are: classifying the documents submitted for entry in the registers for which they are responsible; advising the public on matters relating to registers and providing public access to the information entered; checking, where necessary, that persons requesting access have a legitimate interest and duly protecting sensitive data.
A court may hand down a ruling on an urgent or precautionary measure without hearing the parties.
Legally obtained photographs and audio and video recordings may also serve as evidence.
Receiving Agencies are competent for the receipt of judicial or extrajudicial documents from another Member State.
If a procedural document is not delivered in the manner specified in this paragraph, it must be mailed to the address of the legal entity’s office and is deemed to have been delivered within ten days of the date of posting.
Notaries are admitted to practice and granted their faculty (authority to practise) by The Faculty Office (the Archbishop of Canterbury first did this in 1279) and the regulator is the Court of Faculties.
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© Kingdom of Sweden (2018) Material published on Sweden 's pages of the European e-Justice Portal may be reproduced free of charge.
Value Added Tax Where can I find information on VAT?
The temporary confiscation of examples of the works or objects [el depósito temporal de ejemplares de las obras u objetos] allegedly produced contrary to the rules on intellectual and industrial property, as well as the deposit of the material employed for their production.
Service can also be carried out by bailiffs or by express delivery at the request and expense of the interested party (Article 154(1), (4) and (5) of the Code of Civil Procedure).
A warrant of description may be issued in order to secure a right over movable objects: in this case, in order for the applicant to be able to exercise the said right, it may be in his/her interests for such movable things to remain in their actual place or condition.
The debtor must offer all creditors an equal percentage of payment of their ordinary claims, equal deadlines for their payment and the same interest rate from the opening of compulsory settlement proceedings until the expiry of the deadline for their payment.
Once the notary has been chosen, the next step is to determine the composition of the testator’s assets , having regard to the matrimonial property regime of the deceased, any previous gifts, etc.
However, neither the Ministry of Justice nor the heads of legal administration have the power to overrule or alter an individual enforcement or other measure.
The Council’s members comprise women’s organisations, trade unions and other NGOs, including two Turkish-Cypriot women’s organisations (a list of the Council’s member organisations is annexed hereto).
In the absence of an address in Hungary, jurisdiction will be governed by defendant’s place of residence.
Complaints, incident reports and statements lodged in person to the IGSJ are received by the inspector rostered on for this purpose.
The scientific and research institution of the prosecution service, the National Institute of Criminology (Országos Kriminológiai Intézet) forms part of the organisation of the prosecution service, but is not a prosecution body.
The amount is determined as a tariff fee (a fixed fee for each legal service provided, depending on the value of the claim or its subject matter) or a contract fee.
These persons inherit in accordance with the order of inheritance, where the heirs from the closer order of inheritance exclude from inheritance persons from a more distant order of inheritance (Article 10 of the ZD).
In addition to other functions assigned to a district court by law, a district court judge also performs the functions of a pre-trial judge and an enforcement judge.
The trustee must perform their obligations with the care expected of a diligent and honest trustee and take into account the interests of all the creditors and the debtor.
When the deceased is not survived by any persons entitled to succeed, the inheritance passes down to the Government of Malta.
Another party may also assume liability for the costs, as one of the barriers to restructuring is that it is probable that the debtor’s assets are insufficient to cover the costs of the proceedings.
Article 17 – Central body or competent authority(ies) responsible for decisions on requests for direct taking of evidence Ministry of Justice of the Republic of Lithuania Gedimimo pr.
Information can be given by telephone, e-mail and in written form.
Such measures may relate, for example, to the family home, the children, or assets of the children.
Applicants who owing to their personal and economic circumstances are unable to meet court costs in full, or who can pay only in instalments, are entitled to claim legal aid (Verfahrenskostenhilfe) to help cover the costs of the court maintenance proceedings.
In cases where the other party has to pay the fees, the lawyer and legal representative present their fees to the court, and once the fees are approved they are paid by the opposing party.
It also contains the Unification Treaty and regulations of the former GDR that still apply in the Federal Republic of Germany.
A third party to whom the liquidator has alienated the real property or the premises which were leased by the debtor, and who therefore enters into a lease or rental relationship instead of the debtor, may cancel that contract within a legally defined notice period.
These are established and maintained in an ICT system.
The cost sources are as follows: the Code of Civil Procedure; the Bailiffs Act; the State Fees Act; legal instruments issued on the basis of the Code of Civil Procedure.
Support for court proceedings if a court case is already ongoing, provides representation, cannot be granted to the person who committed the crime or offence, the victim may be provided with legal representation right from the investigation and prosecution stages of criminal proceedings.
Types of auctions which may not be fully subject to the rules Real estate Real estate is sold by on-line judicial auctions.
The attorney at law examination, the passing of which is a condition of being able to practise, can be taken after practical employment of three years, of which at least five months are spent at a court and at least two years at the office of an attorney at law.
Can I get an advance on the compensation?
Exact date of decision in the format ddmmyy, 2.
1.3.- What type of rights are registered with respect to movable property?
In accordance with Section 616 of the said Code, the reserved portion set aside for all of the children — whether conceived or born in wedlock, conceived or born out of wedlock, or adopted — amounts to one-third of the value of the estate where there are no more than four children, and half of the value of the estate where there are five children or more.
Legal database You can find additional information on the website of the Constitutional Court of the Republic of Hungary (Magyar Köztársaság Alkotmánybírósága).
Insolvency proceedings do not require interruption of the debtor’s activity and it may continue with its company’s operation, according to the arrangement agreed for authorisation or suspension of its powers.
Issue of a European Certificate of Succession: International Probate Administration Law [Internationale Erbrechtsverfahrensgesetz, IntErbRVG] sets out the procedures for the European Certificate of Succession.
The court will not hear the parties on oath, and will not take witness evidence from the parties’ children, but witnesses and experts must give evidence on oath.
Hierarchy of courts See the hierarchy of courts (overview) provided by the Federal Ministry of Justice.
A person summoned as a witness is obliged to appear.
If the amount due is not paid, the judicial enforcement officer will sell the seized goods at an auction, or by direct sale, or by other means admissible under the law (Article 730 et seq. of the Code of Civil Procedure).
It should be added that documents certified with a secure electronic signature may be used to bring any kind of application unless the law lays down a specific procedure for initiating proceedings.
If the competent court cannot hear the case or take other steps due to an obstacle, its superior court will designate another court at a closed session.
In those instances, the judge will verify the legitimacy of the excuse and, should he or she deem it necessary, waive their duty to secrecy.
No evidence has a predetermined effect binding upon the court, but in its judgment the court has to explain why it has given preference to some evidence over other evidence, and has found certain facts to be proven and others not.
Is database access free of charge?
Permission for securing a claim is granted based on the principle that with regards to a pending case, the relevant interim measure is imposed prior to conclusion of the case by means of the corresponding judgement which has entered into force.
The court competent to adjudicate on a remedy is the appellate court with due jurisdiction, i.e. the second-instance court superior to the first-instance court that ordered the urgent or precautionary measure.
Essential questions concerning the child’s future involve the use or change of name of the minor child, his or her place of residence other than the residence shared with the parent with custody, his or her place of stay abroad for permanent residence or establishment, as well as the nationality, education and career of the child.
3.4 the obligation to pay maintenance to the other spouse?
E. Provisional enforcement If a judgment has not been declared provisionally enforceable, such a declaration may still be obtained in appeal or in appeal in cassation or via execution proceedings.
The general rule is that substantive rights to immovable property or to tangible movable property are governed by the law of the place where the property is located.
The defendant may appeal against it by filing a statement of opposition (in traditional or electronic form).
BUSINESS DEBT RESTRUCTURING UNDER THE BUSINESS DEBT RESTRUCTURING ACT If a decision is taken to initiate the business debt restructuring process, a notice to that effect must be published immediately in the official gazette, Post‑ och Inrikes Tidningar.
Banská Bystrica District Court (Okresný súd Banská Bystrica) is competent for enforcement proceedings, i.e. petitions for enforcement must be directed to this court alone, regardless of the place of abode/permanent residence of the obligee or the obligor (i.e. the creditor or the debtor).
In addition to the Federal Constitutional Act, the Judges Service Act is the main legal source for the training and professional status of judges.
In general, it is not mandatory to be represented by a lawyer.
All judgments are available from the Supreme Court website.
Like mediation, the negotiation can be mandatory or voluntary.
A total of 26 different kinds of legal person appear in the register.
Yes, access to the website of the Lithuanian Bar Association is free of charge.
Discrimination against spouses of self employed workers not being employees or partners who participate in the activities of the self employed workers and perform the same or ancillary tasks as their spouse.
All the current data, as well as a large proportion of the historical data, are now available electronically.
The only requirement for access is the creation of a user account.
Member States have also been able to request financial support from the EU in the form of grants to modernise their national criminal records systems under the Criminal Justice Programme.
The notary public shall produce a record thereof and notify the court thereof directly.
Judicial division may be carried out by agreement between the parties, or, if this is not the case, the court must establish the assets, the status of heir, share of estate, receivables, debts and obligations.
In cases of bankruptcy with proof of debts, a bankruptcy may also be concluded by a decision approving a composition (ackord i konkurs).
In addition, sums in a bank account exceeding the minimum income (‘active solidarity income’ (revenu de solidarité active)) cannot be attached for a single person.
National ECLI coordinator The national ECLI coordinator is the Department the Department of Justice and Equality.
If there are two parents, they will jointly collect 1/2, while the privileged collateral relatives are entitled to the remaining 1/2.
No How long does it take approximately to get a decision on compensation from the authority/body?
Otherwise, the spouse receives two-thirds of the property.
In the case of movables, interested persons may view them two hours before the commencement of the sale.
The administrator must consult creditors that are particularly affected if there is nothing to prevent this.
There is a credit institutions’ committee, composed of finance companies and credit and assimilated institutions, and a trade creditors’ committee for the principal suppliers of goods or services.
Lawyer (Rechtsanwalt) In Germany there are approximately 160 000 lawyers.
The insolvency practitioner will take into his custody or under his control all the property and all rights to which he has reasonable cause to believe the company to be entitled.
The annulment of a civil marriage, when contracted in good faith by both spouses, takes effect in relation to these and to third parties when the respective ruling becomes final and unappealable.
The first stage is when the sheriff makes a decision on whether the pursuer or defender is entitled to expenses, and allows an account of expenses to be drawn up and lodged with the court.
Each party is required to demonstrate only the facts which have a bearing on the judgment of the case and which are necessary to support his or her independent claim or counter-claim.
The president of the court of first instance (Article 338 of the Civil Code) has jurisdiction for proceedings brought by a child against a person who had a relationship with its mother during the legal conception period (Article 336 of the Civil Code).
After the death of the surviving spouse, the children or grandchildren inherit jointly; and if there are no children or grandchildren to inherit, the second or third class of heirs inherit.
A procedural time-limit expressed in years, months, weeks or days begins to run from 0 hours 00 minutes on the day following the calendar date or event defining its start, unless otherwise provided for in specific laws.
By law, legal acts executed by debtors in these matters after authority to dispose of the estate has passed to the insolvency practitioner are ineffective in relation to creditors.
At the request of the person levying the attachment, the court orders that the items attached or to be attached are handed over to a custodian to be designated by the court.
It includes the same kinds of information on companies as are normally included in the National Court Register, as well as details about: companies foundations associations other entities that have declared their bankruptcy.
BANKRUPTCY The creditors have no formal role in the bankruptcy procedure.
For the time being Poland does not have any plans concerning implementation of the European Case Law Identifier.
In the case of a handwriting comparison (Section 883 of the Judicial Code) or forgery investigation (Section 895 of the Judicial Code), the court orders the parties to appear before it (with or without legal representation) and to bring with them all deeds, documents and items to be compared, or the document that is suspected of being a forgery.
The competent court may suspend enforcement until a decision is taken on the appeal against enforced recovery (Article 711 et seq. of the Code of Civil Procedure).
The initial court fee corresponds to an advance on the final costs.
The law applicable to unjust enrichment is: the law on which the transfer of assets in favour of the enriched party was based.
In addition, the extraordinary modes of appeal in Chapter 31 of the Code of Judicial Procedure are available for judgments in default, including § 1 complaint on the grounds of a procedural error and § 7 application for annulment on grounds of substantive error.
Furthermore, the particular extraordinary mode of appeal in Chapter 31 § 17, application for restoration of lapsed time, is available.
The database also contains the following information that is not publicly available: personal identity number, postal address.
The manual, developed by Penal Reform International, is available in English.
A prorogation agreement must be in written form.
Witnesses are heard at the main hearing.
The Court of Justice of the EU should not be confused with the European Court of Human Rights (ECHR).
The data entered in the commercial register are effective vis-à-vis third parties from the date of their publication.
Some limited guidance can be sought from officials in the Courts Service, but these officials can only give procedural information as they are precluded from advising on the merits of a claim or recommending how to process it.
In bankruptcy proceedings the proceeding is brought by the debtor, who may continue their economic activities during the proceeding.
These applications must be submitted via the Central Authority in the country of residence.
From there, they are forwarded to the Central Authority of the Federal Republic of Germany.
If the parties fail to reach agreement the petitioner therefore has to apply to the district court and submit an application for a summons.
Interested parties may contact a mediator before coming to court, and also during court proceedings.
The work carried out by the CNCDH is divided between five sub-commissions: social issues, ethical issues; racism, anti-Semitism, xenophobia, discrimination and vulnerable groups; institutions, justice, police, migration issues; European and international issues; international humanitarian law and humanitarian action.
You can find information on sources of costs in the laws and Cabinet regulations on the internet and in information leaflets in the courts.
At the latter level, almost all the Autonomous Communities have created a public mediation service.
The General Council of the Judiciary (Consejo General del Poder Judicial) supports and supervises mediation initiatives in the various courts in Spain, supported by the Autonomous Communities, universities, local authorities or associations.
Close co-operation with administrative/judicial authorities In child abduction cases where central authorities and/or judicial authorities are seised, the mediator should explain to the parties the effects of the mediation in the framework of the on-going procedure.
One of the Attorneys of the Republic heads the Criminal Law Section (Τμήμα Ποινικού Δικαίου), again reporting to the Attorney General.
The Centre also offers the following services: The e-Business Register The e-Business Register is a service based on the database of the registration department of Tartu County Court that displays real-time data concerning all legal entities, self-employed persons and branches of foreign companies registered in Estonia.
A similar procedure applies when legislative initiatives are introduced by the Bundesrat.
To be appointed as a public prosecutor a person must be a Czech citizen and must: enjoy legal capacity, have no criminal record, be at least 25 years of age at the time of appointment, have obtained a master’s degree in law at a Czech university, have passed the final examination, possess the moral qualities that guarantee they will exercise their function properly, and accept appointment as a public prosecutor and assignment to a prosecutor’s office.
If necessary, a party can be summoned at very short notice.
There is no central address/residence register for individuals.
Actions on family matters that fall within the competence of the civil registry registrar require the prior agreement of the parties, otherwise they fall within the competence of the courts.
This ‘surprise effect’ stops debtors moving, hiding or spending the money.
If the object of a contractual obligation is divisible and the other party has performed their obligation in part by the time bankruptcy is declared, the other party can require that the debtor’s financial obligation be performed to an extent corresponding to the share of the other party’s obligation that has been performed only as a creditor in the bankruptcy proceedings.
If the State is a party, the claim must state a designation of the State and of the relevant state authority that will represent the State.
They exclude, in certain categories of cases, the possibility of bringing an action before the court of general jurisdiction and also before the court of alternative jurisdiction, as well as the possibility of referring the case for resolution to another court by means of a jurisdiction agreement.
It has been developed by ILO and UNICEF and forms part of the UN global initiative to fight human trafficking.
Commercial disputes are also those relating to legal relationships between sole traders that originate from their gainful activity, and a company, institution (including public institutions), cooperative, the state or a self-governing local community.
Selected commercial databases: ASPI LEXDATA LEXGALAXY SAGIT TORI
This site is maintained by the state enterprise Centre of Registers (valstybė įmonė Registrų centras) and is supervised by the Ministry of Justice.
Officer conducting the proceedings The supervisory prosecutor (or another prosecutor, on the instructions of a senior prosecutor) may become the officer conducting the proceedings (procesa virzītājs).
3.4 the obligation to pay maintenance to the other spouse?
2.2 The main conditions A. Attachment The petition must contain certain information: the nature of the attachment to be levied and the right invoked by the petitioner and, in the case of a monetary claim, also the (maximum) amount thereof.
During the trial, the court examines the evidence gathered to establish whether the accused is guilty.
The following are still provided: (a) monitoring information on legal documents submitted electronically and conventionally to the Athens Court of First Instance, (b) the option to monitor the progress of a legal document electronically, even if it is submitted using conventional methods, on the websites of the Piraeus and Thessaloniki Courts of First Instance.
In 2011-2012, family and commercial areas saw the most rapid growth in mediation.
Searches are possible by identification number, tax number, company name, street name and number, municipality, etc.
7 Are court fees payable?
Bailiffs can request information directly from FICOBA (the national database of bank accounts, managed by the tax authorities and with entries provided by the banks) to obtain information on the possible existence of bank accounts in the name of the debtor, and where these accounts are held.
Under the procedure laid down in Council Regulation (EC) No 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations, or under the procedure laid down in the relevant mutual legal assistance treaty.
If there is more than one heir, they are jointly and severally liable for the deceased’s debts, i.e. each up to the value of his/her respective share of the estate regardless of whether or not division of the estate has already been effected.
If the rules of a foreign country on the choice of applicable law refer to the law of the Republic of Croatia, the law of the Republic of Croatia is applied, without taking into consideration rules on determining otherwise applicable law.
Article 15 – Direct service There is nothing to prevent any person interested in a judicial proceeding effecting service of judicial documents directly through the competent officials of the Member State addressed.
When a Bill has passed through both Houses it is returned to the first House (where it started) for the second House's amendments to be considered.
As the case may be, the court may order publication of the summons in the Official Gazette of Romania or in a widespread national newspaper.
Official court translators/interpreters are authorized to affix an official stamp to their translations to certify the translation.
The appeal should be addressed to the appeal court (higher regional court), but is lodged with the court of first instance (district court).
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This agreement entered into force on 1st July 2007.
If an application for the negotiation of a public composition with creditors is admitted for consideration after the debtor has applied for a debt restructuring, the debt restructuring proceedings must be suspended.
The official online publication Ametlikud Teadaanded has been published only in electronic format since 1 July 2003.
Social courts The social courts, like the administrative courts, have three levels encompassing an appropriate division of tasks.
The claim is made to the court by the claimant in person or their lawyer (see in particular Articles 1253 ter, 1254 and 1320 of the Judicial Code).
Oral hearings can, however, be heard if this is considered necessary.
Autonomy and independence The judiciary is an autonomous body, independent from any other branch of government(Article 104 of the Constitution).
Under certain circumstances provided for in the Criminal Procedure Act, the state appoints a lawyer to act for the defendant.
A divorce is granted by a registry office on the basis of a joint personal written application by the spouses.
In the case of special maintenance enforcement, the costs are taken from the proceeds of the seized property.
Costs incurred in connection with the fact that a party appears before the court speaking in his/her native language or communicates using communication systems for deaf or deaf‑blind persons are borne by the state and no compensation may be sought for such costs.
The court may, however, decide that written evidence is considered to have been heard at the main hearing without this needing to be read aloud at the hearing.
Military Court The Military Court has jurisdiction to try offences committed by military personnel in contravention of the Military Criminal Code (Στρατιωτικός Ποινικός Κώδικας), the National Guard Law (Ο περί Εθνικής Φρουράς Νόμος), the Criminal Code (Ποινικός Κώδικας) or any other law, irrespective of the sentence provided.
What does it replace?
However, the Supreme Court, which is also the court of constitutional review, is authorised to declare legal instruments invalid if they are not in accordance with the Constitution or with legal instruments taking precedence over them.
Various forms of redress are open to the parties to the litigation or, in certain cases, to third parties to obtain a fresh judgment.
The notification will also state the date by which the recipient must collect the documents.
In their lodgement of claims, creditors with the right to seek separate satisfaction (razlučni vjerovnici) are required to provide information on their rights, the legal basis for separate satisfaction and the part of the debtor's assets to which their right of separate satisfaction applies and to make a declaration on whether they waive the right to separate settlement or not.
If a public composition has not been concluded and the debtor has not reached a voluntary agreement or other arrangement with the creditors, the claims remain outstanding following the end of the business reorganisation.
Handbook on How to Issue and Execute a EAW The European Commission published a Handbook on How to Issue and Execute a European Arrest Warrant(2002 Kb), to facilitate and simplify the daily work of concerned judicial authorities.
An heir who has renounced his portion of an estate is not liable for the deceased’s debts (Article 142(2) of the ZD).
The inventory may be also requested by the testator's creditors.