Database
The immunities of States and international organisations
This database contains the original national contributions bringing together information on The immunities of States and international organisations
Information on the contribution
- Member State
- Czech Republic
- Themes
- Type of document
- Law
- Permanent link to the contribution
- http://www.cahdidatabases.coe.int/C/Immunities/Czech Republic/1963/384
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Section 47 of Act No. 97.1963 - Czech and English.pdf
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Database of the CAHDI "The immunities of States and international organisations" - contribution of Czech Republic - Law of 04/12/1963
Database of the CAHDI "The immunities of States and international organisations" - contribution of Czech Republic - Law of 04/12/1963
Act No. 97/1963 concerning private international law and the rules of procedure relating thereto, as amended
Author(ity)
National Assembly of the Czechoslovak Socialist Republic (Národní shromáždìní Èeskoslovenské socialistické republiky)
Number of the law
97/1963
Date of the law
04/12/1963
Points of law
Section 47 of Act No. 97/1963 Sb., as amended, provides that foreign States are, subject to stated exceptions (section 47, para. 3 lit. a) and d)), absolutely immune from the jurisdiction of Czech courts and notarial offices.This Act is no longer in force, since it was replaced by Act No. 91/2012 Sb. (came into effect in 2014).
Specific provision(s) of the law
1. Section 47 of the Act is the principal domestic legal provision in force regulating jurisdictional immunities of foreign States and their property.2.
a) Section 2 of the Act provides that the provisions of the Act shall be applied only if an international treaty binding on the Czechoslovak Socialist Republic (i. e. on the Czech Republic) does not provide otherwise.
b) Article 10 of Constitutional Act of the Czech Republic No. 1/1993, Constitution of the Czech Republic, in the wording that came into effect on 1 June 2002 provides as follows: Promulgated international treaties the ratification of which was approved by the Parliament and which are binding on the Czech Republic shall be part of the national legislation; if an international treaty differs from a law, the international treaty shall be applied.
