Aviso n.º 207/98, de 23 de Outubro de 1998
Aviso n.º 207/98 Por ordem superior se torna público que, nos termos do artigo 42.º da Convenção sobre a Obtenção de Provas no Estrangeiro em Matéria Civil ou Comercial, concluída na Haia em 18 de Março de 1970, o Ministério dos Negócios Estrangeiros do Reino dos Países Baixos notificou ter a República Popular da China depositado o seu instrumento de adesão à mencionada Convenção em 8 de Dezembro de 1997.
A República Popular da China formulou as seguintes declarações e reserva: '1 - In accordance with article 2 of the Convention, the Ministry of Justice of the People's Republic of China has been designated as the Central Authority which will undertake to receive Letters of Request coming from a judicial authority of another Contracting State and to transmit them to the authority of another Contracting State and to transmit them to the authority competent to execute them.
2 - In accordance with article 23 of the Convention concerning the Letters of Request issued for the purpose of obtaining pre-trial discovery of documents as known in common Law countries, only the request for obtaining discovery of the documents clearly enumerated in the Letters of Request and of direct and close connection with the subject matter of the litigation will be executed.
3 - In accordance with article 33 of the Convention, the provisions of chapter II of the Convention except for article 15 will not be applicable.' Tradução 1 - Nos termos do artigo 2.º da Convenção, o Ministério da Justiça da República Popular da China foi designado como a autoridade central que assumirá o encargo de receber as cartas rogatórias provenientes de uma autoridade judiciária de um outro Estado Contratante e de as transmitir à autoridade competente para efeitos de execução.
2 - Nos termos do artigo 23.º da Convenção, relativo às cartas rogatórias que tenham por objecto um procedimento conhecido nos países de Common Law como 'pre-trial discovery of documents', só as cartas rogatórias que tenham por objecto a divulgação de documentos claramente...
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