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Depositary

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
Turkey 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.

Turkey

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.

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