Convention concerning the international administration of the estates of deceased persons
Parties with reservations, declarations and objections
Party | Reservations / Declarations | Objections |
---|---|---|
Czech Republic | Yes | No |
Czechoslovakia (<01-01-1993) | Yes | No |
Portugal | Yes | No |
Slovakia | Yes | No |
Türkiye | Yes | No |
Czech Republic
28-01-1993
The Czech Republic maintains the declaration made by Czechoslovakia.
Czechoslovakia (<01-01-1993)
04-04-1975
With reference to article 31 of the Convention on the international administration
of the estates of deceased persons concluded in The Hague on 2 October 1973, the Socialist
Republic of Czechoslovakia declares that for the purposes of and subject to the conditions
set out in article 3, Czechoslovakian law will be applied if the deceased is one of
its nationals in order to designate the holder of the certificate and indicate his
powers.
At the same time, in connection with article 43 of the Convention, which grants States
the right to declare that the Convention shall extend to the territories for the international
relations of which they are responsible, the Socialist Republic of Czechoslovakia
declares that keeping certain countries in a state of dependence is in its opinion
contrary to the spirit and objectives of the United Nations Declaration of 14 December
1960 on the granting of independence to colonial countries and peoples, which declares
the necessity for a speedy and unconditional end to colonialism in all its forms.
20-10-1976
In adopting this Convention, we declare that the Socialist Republic of Czechoslovakia
will not recognise, either in whole or in part, the powers relating to immovable property
situated on its territory granted in accordance with article 30 of the Convention.
With reference to article 31 of the Convention, we declare that for the purposes of
and subject to the conditions set out in article 3, Czechoslovakian law will be applied
if the deceased is one of its nationals in order to designate the holder of the certificate
and indicate his powers.
In connection with article 43 of the Convention on the international administration
of the estates of deceased persons concluded in The Hague on 2 October 1973, which
grants States the right to declare that the Convention shall extend to the territories
for the international relations of which they are responsible, the Socialist Republic
of Czechoslovakia declares that keeping certain countries in a state of dependence
is in its opinion contrary to the spirit and objectives of the United Nations Declaration
of 14 December 1960 on the granting of independence to colonial countries and peoples,
which declares the necessity for a speedy and unconditional end to colonialism in
all its forms.
Portugal
22-04-1976
Declarations referred to in Article 37, paragraphs 1, 2 and 3:
1) For the purposes of Article 5 and Article 6, paragraph 1, the designated authorities
in Portugal shall be, in the first instance, the Attorney General of the Republic
and, in the second instance, in cases where an inventory has been taken the presiding
judge and, in any other case, notaries.
2) For the purposes of Article 8, the information specified in that Article may be
obtained direct from the authority competent to issue the certificate providing that
the request is made in writing.
3) For the purposes of Article 10, Portugal declares that recognition of the certificate
shall depend upon judicial proceedings brought before the competent court according
to the rules of Portuguese procedural law.
Declarations referred to in Article 38:
a) Pursuant to Article 30, paragraphs 2 and 3, Portugal declares that it recognises
the powers contained in certificates issued in foreign countries relating to immovables
situated in Portugal, in so far as they correspond to the powers possessed by Portuguese
nationals over immovables, except where reciprocity has not been extended to Portuguese
nationals in accordance with the provisions of Article 14 of the Civil Code.
b) For the purposes of and subject to the conditions set out in Article 3, Portugal
declares, in accordance with Article 31, that where the deceased was a Portuguese
national Portuguese law shall be applied in order to designate the holder of the certificate
and to indicate his powers.
Slovakia
26-04-1993
Slovakia maintains the declaration made by Czechoslovakia.
Türkiye
29-09-1976
B) The provision in the Article 30 of the Convention which gives powers over immovables to the holder of the certificate, shall not be recognised by the Republic of Turkey with the purpose of not damaging the established principles of the Turkish Private International Law which have been strengthened by bilateral agreements.