The Convention Between The Czechoslovak Republic And Poland On The Settlement Of Property Issues

Original Language Title: o Úmluvě mezi ČSR a Polskem o vypořádání majetkových otázek

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=29326&nr=4~2F1959~20Sb.&ft=txt

4/1959 Coll.



DECREE



Minister of Foreign Affairs



of 28 June. January 1959



on the agreement between the Czechoslovak Republic and the Polish people's Republic on the

settlement of outstanding property issues



29 April 2004. March 1958 in Prague was a negotiated agreement between the Czechoslovak

Republic and the Polish people's Republic on the settlement of outstanding

property issues.



The National Assembly to take effect with the agreement the agreement of 11 May 1999. in December 1958, and

President of the Republic has ratified it on 15 December. December 1958. Instrument of ratification

the instruments were exchanged in Warsaw on 9. January 1959.



According to article 10 of the Agreement came into force on 9 April. January 1959.



The Czech version of the agreement shall be published in the annex of the laws.



David v.r.



The AGREEMENT



between the Czechoslovak Republic and the Polish people's Republic on the

settlement of outstanding property issues



The President of the Czechoslovak Republic and the Council of State of the Polish people's

the Republic, in an effort to tackle the backlog of property-related questions from the period prior to the

on 9 February 2005. in May 1945, some property issues from the time of the later,

have decided to conclude this agreement and to name a few of its objectives

agents:



the President of the Czechoslovak Republic



Júlia Ďuriše, Minister of finance,



The State Council of the Polish people's Republic



Dr. Tadeusz Dietrich, Minister of finance,



who, vyměnivše Attorney's and shledavše is in good and due form,

They agreed on the following provisions:



Article 1



1. This agreement shall be settled, as well as completely and finally disposed of

All pecuniary claims and claims for other property meeting legal

the bodies of one party against the other party, the legal entities

Parties, if such claim arose before the date 9. in May 1945,

distinction, the claims of individuals from one Contracting Party to natural

persons of the other party.



2.



and Czechoslovak legal entities) within the meaning of this article shall be

Czechoslovakia, the Czechoslovak legal entity, as well as the Constitution and

the Foundation, which are on the day of the signing of this agreement on the present territory of the registered office

The Czechoslovak Republic and the Czechoslovak natural persons.



(b)) by the Polish legal entities within the meaning of this article, the Polish

State, Polish legal person, as well as institutes and foundations, which have in a day

signing this agreement established in the present territory of the Polish people's Republic

and the Polish of a natural person.



3. If after the occurrence of the claim or the commitment to change in the person of authorized

or zavázaného, it must be legal under the law of succession

regulations of the Contracting Party whose legal entity this change refers to.



4. the provisions of this article shall not prejudice:



and founding rights claims) the resubmission of the performance (social insurance,

Copyright and similar rights),



b) obligations arising out of the rights, referred to in point a) of this paragraph,

If these commitments are payable after the date 8. in May 1945.



Article 2



1. this Agreement shall also be settled, as well as completely and finally

destroyed:



and all liabilities of the Polish State) associated with any claim arising out of

the measures taken up to the date of signing of this agreement according to the Polish

the company, vyvlastňovacích or any other right of ownership

odnímajících or restrictive legal provisions, which were affected by the

Czechoslovak assets, rights and interests on the current territory of the Polish people's

Republic;



(b)) all the liabilities of the Czechoslovak State associated with the claims that

result from the measures undertaken to date of signing of this agreement in accordance with

the Czechoslovak company, vyvlastňovacích or any other

ownership of odnímajících or restrictive legal requirements,

which have been affected by the Polish possessions, rights, and interests to the current territory of the

The Czechoslovak Republic.



2. Polish possessions, rights, and interests within the meaning of this article shall be deemed to

property, rights and interests of the Polish State and the Polish physical and

legal persons that had this status at the day when Czechoslovakia

Republic has taken such measures, and that-or their legal

the successors-the day of the signing of this agreement, have this status.



3. the Czechoslovak assets, rights and interests for the purposes of this article,

consider the possessions, rights and interests of the Czechoslovak State and

Czechoslovak natural and legal persons that have this status

on a day when the people's Republic of Poland has made such arrangements and which-

or their successors in title-on the day of the signing of this agreement, this

status.



Article 3



1. The property of the Czechoslovak Republic pass immovable and other

assets as well as property rights, left in the Czechoslovak Republic

Polish citizens by



and the Protocol of 18 December 2003). September 1948 between the Czechoslovak Republic and

The Republic of Poland on the resettlement of people from the vicinity of Polish nationality

Humenné and



(b)) of the Protocol of 5 May 1999. May 1949 between the Czechoslovak Republic and

The Republic of Poland on the resettlement of people of Polish nationality from the Eastern

Slovakia to Poland.



2. Any claims related to the resettlement under the said Protocols

They recognise each other for liquidated and completely settled and listed

Protocols for this agreement and for the extinct.



Article 4



Obligations of legal entities of both parties, referred to in articles 2

and 3 of this agreement, relating to assets, rights and interests, to which the

subject to the provisions of these articles, being regarded as fully settled.



Article 5



1. the provisions of this agreement are settled, as well as completely and finally

destroyed:



and) any claims arising from the Convention of 21 March. between September 1945

The Czechoslovak Republic and the Republic of Poland for the repatriation, as well as

any other claims for assistance for the repatriation and transport of

Czechoslovak and Polish citizens and demands of a similar kind; all

arrangements are considered to be extinct;



(b)) any claims arising from the Agreement of 12 January. February 1946 between

The Czechoslovak Republic and the Republic of Poland on the mutual release

After the beginning of the war, the odvezeného property, as well as claims

connection with the implementation of this agreement; the said Arrangement shall be considered

no longer remains valid only when it comes to cultural and archival material;

by contrast, in the rest of the scope of this Agreement shall cease to have effect;



(c) claims for reimbursement) of railway vehicles and claims arising out of their

use, if they are not already have been dealt with and disposed of in accordance with the preceding

paragraph, to the exclusion of cases covered by the agreement

railway administrations on the use of vehicles in international traffic, beginning with

the arrangement, which came into force on 1 January 2000. April 1948;



(d)), the claims arising from the agreement concluded on 29 June. May 1945 between the

Czechoslovak Embassy in Warsaw and the Ministry of

Foreign Affairs of the Republic of Poland on the mutual provision of credit

embassies of both States.



2. both parties will return each other's securities which were

the territory of a Contracting Party after the start of the war, introduced into the territory of the other

the Contracting Parties, if you can find, in addition to securities which

subject to surrender in accordance with article 6 of this agreement.



Article 6



1. in the framework of the implementation of this agreement, the Czechoslovak Republic submits the

The Polish people's Republic all the securities that have been issued to Polish

the State and the Polish legal entities of public law or legal

persons of private law-based on the current territory of the Polish people's

Republic-as well as, if possible, other documents and papers relating to the

liabilities, assets, rights and interests in relation to this amount with settled and

The agreement, if they are to the date of signature of this agreement, the property of the

the Czechoslovak State or Czechoslovak natural and legal

people with permanent resident on the current territory of the Czechoslovak

of the Republic.



2. in the framework of the implementation of this agreement, the Polish people's Republic shall surrender

The Czechoslovak Republic all the securities that have been issued

the Czechoslovak State and the Czechoslovak legal entities established

on the current territory of the Czechoslovak Republic, as well as by other options

documents and papers relating to liabilities, assets, rights and interests

amount with settled and in relation to this agreement, if at the date of signature of the

of this agreement, owned by the Polish State or the Polish of the physical and

legal persons with a permanent resident on the territory of the present

The Polish people's Republic.



Article 7



Possessions, rights, and interests of natural and legal persons of a Contracting

party to the territory of the other party, unless they fall under the provisions of the

This agreement shall remain in the free disposal of the physical and

legal persons under the laws in force.



Article 8



1. the competent authorities of one Contracting Party, as well as its physical and

legal entities have the right to reject consideration of the claims of the other Contracting

the party and its natural and legal persons, if these claims were

have been dealt with and disposed of by the agreement.



2. The Contracting Parties shall be adjusted according to the needs of its internal rules,

the questions covered by this agreement.



Article 9



The two Contracting Parties shall provide each other with all the assistance for the purpose of

the findings of the entitlements and obligations of this Agreement shall be destroyed.



Article 10



This agreement is subject to ratification. Shall enter into force on the date of the exchange of

instruments of ratification, which will be done in Warsaw.




This agreement was drawn up in Prague on 29. March 1958 in two

copies, each in the Czech and the Polish language, both texts have

the same force.



On the evidence of the appointed agents have signed this agreement and join the

her seal.



From the power of the President of the Czechoslovak Republic



J. Ďuriš in r.



The power of Attorney of the Council of State, Polish people's Republic



Dr. Dietrich in r.