Practical operation documents
TitleRecommendation on information to accompany judicial and extrajudicial documents to be sent or served abroad in civil or commercial matters, adopted by the Fourteenth Session
Year of publication1980
Description (or download in PDF, if available)
RECOMMENDATION ON INFORMATION TO ACCOMPANY
JUDICIAL AND EXTRAJUDICIAL DOCUMENTS TO BE SENT OR SERVED ABROAD
IN CIVIL OR COMMERCIAL MATTERS

(adopted by the Fourteenth Session)

 

The Fourteenth Session,

Having taken cognizance of the Report prepared by the Council of Europe on "Information to accompany judicial and extrajudicial documents to be sent or served abroad in civil or commercial matters", transmitted to the Hague Conference by letter dated 31 October 1979,

Taking note of the benefits that have been derived, both for legal proceedings and for the information of litigants, from the creation of a model "Summary of the document to be served" by the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters,

Recognizing that it is highly desirable that such a form, capable of improvement, accompany any document of a judicial or extrajudicial nature in relation to a civil or commercial matter sent or served abroad in order to give the recipient a preliminary understanding of the nature and purpose of the document,

Being convinced that it is in the interests of good judicial administration that only one form of summary should be used, whether the service is effected through the channels of the Central Authorities created under the 1965 Convention or not,

Having taken into consideration that modification of the form of the "Summary of the document to be served" annexed to the 1965 Convention would require revision of that Convention, which it is not opportune to undertake,

I 1 Recommends Member States and States who are not Members but Parties to the 1965 Convention to take appropriate steps to ensure that any judicial or extrajudicial document in relation to a civil or commercial matter sent or served abroad - whether or not the service is effected through the channels of the Central Authorities created under the 1965 Convention - will always be accompanied by a summary in the form as annexed to the said Convention, the latter being supplemented by a warning, as set forth hereinafter;

2 Recommends these States to inform the Permanent Bureau from time to time where appropriate regarding any steps taken pursuant to the previous paragraph;

II 1 Expresses the Hope that all States and bodies and institutions whom it may concern, take appropriate steps to ensure that any judicial or extrajudicial document in relation to a civil or commercial matter sent or served abroad will always be accompanied by a warning and a summary of the document as set forth hereinafter;

2 Charges the Secretary General to make this Hope known, directly or where appropriate through competent international organizations, to all States, bodies and institutions whom it may concern.