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Citizenship Between Czechoslovakia And Germany

Original Language Title: o státním občanství mezi ČSR a Německem

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308/1922 Sb.



Contract



citizenship between the Republic of Czechoslovak and German Empire.



Change: 235/1936 Sb.



The German Empire and the Republic of Czechoslovakia be concluded to edit questions

citizenship this contract:



Definition of terms.



Article 1.



(1) in accordance with the provisions of article. 84, 85 of the Versailles peace treaty and this

the contract is for a place where a person resides or is established,

thought me a place in which the person resides with the demonstrable intent

permanently there zdržovati.



(2) If a person Has more than one place of residence, in this sense, the

applicable where is the vast Centre of gravity of economic and other

the living conditions of that person.



(3) If you cannot see how substantial the center of gravity in this sense, for

the use of the cited article. 84, 85, as well as the article. 7 of this Treaty, the wishes of the concerned

of the person. This is required to prohlásiti in that direction in writing within six

months of the date on which this Treaty enters into scope, the Ministry of

the Interior of the State in whose territory the residence is applicable according to the wishes

Outlook. This statement is without delay with the Government been able to second

State.



Article. 2.



The two parties agreed that, for the Czechoslovaks members

the German under article 85, paragraph. 1, sentence 2. (a). 5. the peace agreement,

thought me is říšskoněmecké of the Czechoslovak race and

the Czechoslovak language. The main character is thought me here, if the

that person from childhood to speak the language as the language of the Czechoslovak

parent. For the Čechoslováka member of the říšskoněmeckého will not be considered,

who comes from the father of the German race and the German language, except that the father already

He died or live apart from their families.



Article 3.



cancelled



Article 4.



The nationality of the inhabitants of the region Hlubčického.



If the territory identified in the article. 83. 4. the peace agreement, commanded

Czechoslovak Republic, shall become members of the říšskoněmečtí, who in

time the commandments will be there the same time dwell, the Czechoslovak State

jurisdiction. The optional time limit (article 85, paragraph. 1.) stems from the date here

the commandments.



Article 5.



The nationality of the inhabitants of other Czechoslovak territory.



(1) persons who have been members of the time, by when the Treaty

Versailles became the scope of, and have their place of residence in other parts of the

Czechoslovak Republic, than in those which speak of articles 3 and 4,

remain by the nationals.



(2) Paragraph. 1. shall apply mutatis mutandis to persons who are resident in the

territories, which perhaps go after the Czechoslovak Republic,

to this contract enters into scope, on the basis of the peace treaty

Versailles or on the basis of some of the other peace agreements

completing the war of 1914.



Nationality persons born on the territory of the Czechoslovak.



6.



The two Contracting Parties agree, agree that the person who was born

or born on the territory of the Czechoslovak Republic after that, when the Treaty

negotiated between the Leading powers the United and combined between the

The Czechoslovak Republic acquired the competences, shall take birth

Czechoslovak citizenship only if on the basis of

the origin of the other nationality.



Article 7.



Both parties agree that the nationality of the persons

before the contract negotiated between the Leading powers the United and

the joint between the Republic and the Czechoslovak acquired competence,

born in the territory, on the basis of the peace treaty of Versailles

It struck or, where appropriate, the Czechoslovak Republic, as children

říšskoněmeckých members when there bydlivších, and that were, when

the peace treaty has taken responsibility, by the members, determine the

in this way:



and of persons) should, in time, when the Peace Treaty came into the scope,

their residence to the territory, which has been, or will be ordered according to the article. 83.

1. and 4., Czechoslovakia, the provisions of article. 3 and 4;



(b)) on the persons who should be referred to the time of residence in one of the other

the territory granted to Czechoslovakia, a peace treaty, the provisions of article. 5;



(c)) of the person, in the time of residence in the territory of the German Empire excluding

identified below and will remain by the members);



(d) all other persons concerned) the kind of the two Contracting Parties shall recognise the

exclusively for Czechoslovak citizens. These persons may, however, in two

years from the date when the contract negotiated between the Leading powers the United and

the joint between the Czechoslovak Republic and takes responsibility,

prohlásiti in the country of residence at the offices designated by the Czechoslovak

the Government that giving up the Czechoslovak citizenship, and will not be

then no longer considered Czechoslovak citizens; the Declaration

the same applies to my husband's wife, the statement of the parents and children under the age of 18

years.



Article 8.



The effect of the optional declaration.



Both parties agree that the optional declaration, compliant

the provisions of the Treaty of Versailles and the Treaty is

unilateral right to optantovým, and the founding act that the official

the certificate, which is the soul of him, has only declarative.



Article 9.



How is the optional declaration.



(1) the Contracting Parties agree that the decision on the options

statements is the responsibility of the sole State in whose favour the

which case the optuje.



(2) the Declaration of option is it to the competent authority. Příslušno is,

If running on the Declaration of persons wishing to optovati for the Czechoslovak

citizenship, diplomatic, the Prosecutor's Office of the Czechoslovak Republic

in Berlin and for the optional declaration of the persons they wish to optovati for German

citizenship, diplomatic, the Prosecutor's Office of the German Empire in Prague.



(3) the Czechoslovak Government agrees that for the option periods will be

the German Prosecutor's Office appointed proct diplomatic Prague

based in Opava, who will be entitled to přijímati the optional declaration of the

the territory designated in article. 83. 1. and 5., in favor of the German Empire and the

shall without delay with the Government of the Czechoslovak is sdělovati.

The Czechoslovak Government can this concession at any time odvolati.



(4) the German and Czechoslovak Government will be each other's zasílati

diplomatic channels each month lists option declaration submitted at the

the authorities referred to in paragraph 1(b). 2. the competent central authorities of the two parties

agree, how will these lists edited and what will be obsahovati.



Article 10.



The form of the optional declaration and certificate of it.



The option statement is it in writing or with the competent protokolárně

the Office. Of the filing of this statement, the Office shall issue a certificate, in the přijavší

which included also at family members, subject to the effect of the

the option.



Article 11.



The Declaration of option for juvenile persons and other persons whose

capacity to act is limited.



(1) For the person nedosáhnuvší the eighteenth year, that do not have parents,

minors over 18 years of age, which are the conditions for a waiver of the

mom, as well as for persons who have been deprived of mom or

entrusted with the interim care (zatímnímu poručenstvu), an option exercised by them

legal representatives.



(2) persons, which optovali the parents, guardian or other legal

representatives, it is for the period until the option takes the right option for them odvolati

This done, if completed before the expiry of this period the 18th

year, or-if before the expiry of this period the reason of legal

representation. On such an appeal shall apply mutatis mutandis the provisions of article. 9 of this

of the Treaty.



Article 12.



The protection of the rights of the optantův.



(1) the two Contracting Parties shall not limit the provisions from which it may be optanti

carry realtime in the State, from which the optují, any laws,

regulations or other regulations that apply to your own

citizens, as well as to all the nationals of foreign States in the State of

resident.



(2) the persons referred to in article. 85. 3. resolve their peace agreement,

of residence to the State for which optovaly, must not be restricted in law

the association with each other movable property that guarantees them the article. 85. 4. the sentence

2. the contract, nižádnou, zápovědí or jinakými the legal or

administrative measures of the State of the existing residence. In particular, will not be required to

pay through the export of benefits nižádného kind. The contracting parties reserve the

dohodnouti about the taxation of these optantů.



(3) persons who submit their residence to the territory of the State, for which the

optovaly, and left under the article. 85. 4. sentence 1, the peace treaty

on the territory of the State from which they must leave, immovable property, are

entitled to zdržovati temporarily on the territory of an abandoned the State for Administration

the assets of heritage left there. To immovable property in accordance with this article and the

According to the article. 85. 4. sentence 1., is also počítati any rights to

trade enterprises.



Article 13.



The admission to the State of the volume.



Both Contracting Parties undertake that, next time, přijímajíce citizens

the second State to its volume, if this new acceptance

not based on the provisions of the peace treaty of Versailles, not to

such adoption until the second State releases from your volume

persons, who have to be in the State of the volume of the newly adopted. The release of the

the State of the volume cannot be odepříti, who proves that he translated his

residence in the territory of another State, or is on leave there. If it is to

released after the expiry of six months from the issuance of the Charter its layoff

residence yet again on the territory of the State or the existing residence, it is considered

that release did not occur.



The handling of disputes.



Article 14.



To the settlement of the conflict in opinion or disputes in the interpretation and implementation of the

the provisions contained in this Agreement shall:



1. the Joint Commission and



2. the Permanent Court of arbitration.



Article 15.



The Joint Commission shall be composed of representatives, which will determine after two each from both

the Governments.



Article 16.



(1) the Commission shall act only on cases, which she ordered one of each of the Governments of

his delegation.



(2) the Commission shall act on the cases she ordered in writing.



(3) if the agreement reached in this way, the Commission shall meet to the common

the meetings in alternating the Presidency, in order to achieve such an agreement. About

the place of meeting with the same both Presidents. If there is no match, the ku

the meeting carried alternately in Prague, and in Berlin, Germany, for the first time in Prague.



Article 17.



The Joint Commission to settle the disputed case, postoupiž it to an arbitration

of the Court.



Article 18.




(1) the Arbitration Court is composed of judges, of whom one shall designate

each of the two States, and from the third arbitration as Chairman.



(2) the Judge shall elect a Chairman. If they fail, it will be a temporary

the diplomatic representative of the Kingdom of the Netherlands in Prague or Berlin

asked the Government of the State in which the Arbitration Tribunal will meet, would be presided over by

or ordained President of the.



Article 19.



The Tribunal is a permanent and shall meet alternately in Berlin and Prague, after

first in Berlin.



Article 20.



Both the Contracting States undertake to provide the Tribunal with all the

support needed for his investigation and all the necessary equipment; undertake to

further, that their courts and authorities shall provide the Tribunal with all the

legal aid, in particular as regards the delivery and implementation of evidence.



Article 21.



(1) the Arbitration Court itself modifies the management's and the rules of procedure.



(2) the Arbitration Court shall be decided by majority vote. The President shall vote last.

If there is equality of votes shall be decided by his voice.



Article 22.



Each Government shall pay the benefits provided for in the arbitration from her from her

altogether, and the delights of předsedovy, which will be regulated by a special Convention of the

2.



Article 23.



The ratification.



(1) this Treaty shall be ratified and the instruments of ratification will be what

first replaced in Prague.



(2) the contract shall take responsibility in the day of the exchange of instruments of ratification.



(3) the contract made out in two original copies, each in the language

Czech and German. Both texts are authentic. Both States

the Commission shall publish in the official treaty ratified its statutes and

in both texts.



Done at Prague on 29. June in the year one thousand devítistého the twentieth.



For the Republic of the Czechoslovak:



Prof. Dr. Tran HA in r.



This contract shall be published did that was based on the resolution of the

The National Assembly of 12 October. in August 1921, approved the ratification

the Charter of 30 June. November 1921, which was signed by the President of the

of the Czechoslovak Republic and the Minister of Foreign Affairs.



On 12 June 2006. September 1922 in Prague was drawn up a Protocol on the exchange of instruments of ratification

instruments, which became the international scope of the contract.



The National Assembly decided at the same time, that stores the Minister for Affairs

foreign, in agreement with all the participating Ministers made additional

the measures needed to implement this agreement.



T. g. Masaryk in r.



Dr. Edvard Beneš in r.