Signed On 18 July 2005. January 1921 In Paris Between Czechoslovakia And France

Original Language Title: podepsaná dne 18. ledna 1921 v Paříži mezi ČSR a Francií

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=3067&nr=273~2F1922~20Sb.&ft=txt

273/1922 Sb.



(Translation.)



Convention



podepsanádne 18. January 1921



in Paris between the Czechoslovak Republic and the Republic of France.



The GOVERNMENT of the CZECHOSLOVAK REPUBLIC and the Government of the FRENCH REPUBLIC, in an effort to

to ensure a common agreement, arrangements for questions relating to assets, rights, and

interest in them were abetting members of countries with each other, agree

is as follows:



(I).



Property, rights and interest.



Article 1.



France béře note that Czechoslovakia from the first days of its

exemption repeal Regulation of 9 September 2002. November 1918 all the non-standard

the war measures, issued by the Government of the Austrian and Hungarian once against

the French nationals.



Czechoslovakia will take over it, if it is, all the measures

necessary in order to ensure it was the return of property, rights and interest

abetting, on which the restitution talks, paragraph f), and article 297 article

238 of the Treaty of Versailles of 28. June 1919 with Germany and similar

articles of other peace treaties, if such property, rights and interest

abetting, it appears thee members of France, including in it

companies and associations, in which these members are entitled to,

they are on the territory of the Czechoslovak.



The refunds set out in those articles remain chargeable to the former

the enemy countries.



Article 2.



The French, in Czechoslovakia and the Czechoslovaks in France will be požívati,

as well as its own nationals, the benefits of the laws

these countries, which was cancelled by the authorities in the countries of the measures of the enemy

enemy or enemy occupied.



Article 3.



Exceptional measures of war, as well as the disposiční, as they are

defined in paragraph 3. Section IV of the annex to the Treaty of Versailles, part X

and in the similar provisions of the other peace agreements, which has been in

France made on the property, rights and interest účastenstvích

Czechoslovak nationals, including in it the rights of the members in the

enterprises of former enemies, if the liquidation is terminated,

canceled or stopped and will be the property, rights and interests, of which goes,

returned to the authorized subject to changes following measures already

you made. But France's reserves the right to dispose of interest

abetting the former enemies that will be recognized as existing in the

companies, which are involved in the person of different nationality.



The interests of the Czechoslovaks in France will be at the disposal of treated as

with the interests of the allies of the French, or neutrálů.



However, where as a result of the circumstances of the case the interruption or

stop the liquidation, it would be to the detriment of the interests of the persons authorised, can

disposal already begun yet be completed exceptionally.



Members of the Czechoslovak, covered by the assets, rights and interest abetting,

including the ownership of industrial, literary and artistic, they have become

in France, the subject of the disposal procedures (license), or

any other disposičních measures of partial or total above

the property, rights and interests of the nationals of the hostile, previously received directly

them looking part of the proceeds of the liquidation procedures (licences),

rent or other disposičních measures, either partial or total.



Article 4.



For the implementation of article 3, the term "member of the Czechoslovakian"

a person's physical characteristics, that within three months after it takes the scope of this

The Convention, pursuant to the provisions of the Treaty of Versailles,

St.-St. Germain or Truncation acquired or take the nationality of

Czechoslovak ipso facto, figuring in this person, in accordance with article 85,

the last paragraph, of the Treaty of Versailles, article 76 of the Treaty

St.-St. Germain or article 62, the first paragraph, of the Treaty, the Trianon

take this nationality with the permission of the competent authorities, or

that, under article 74 or article 77 of the Treaty of St. Germain, St-or

Article 62, paragraph of the second, the Trianon Treaty will take this State

jurisdiction on the basis of the earlier rights of the home, or, finally,

in accordance with article 85, paragraph, of the Treaty of Versailles, the first article

80 of the Treaty of St. Germain, St-or article 64 the Trianon Treaty apply

the right option for the nationality of the Czechoslovak.



Regarding persons, which shall become the Czechoslovak nationality according to the

Treaty of Trianon, the run down the three-month time limit referred to

only three months after that, when this Treaty enters into scope.



To be able to požívati the benefits of article 3, the participants vzdáti them

peace treaties after the case of reserved permission to path option

putting back in either the nationality of the former States

the enemy.



The interest účastenstvími Czechoslovak, sekvestrovanými in France

in the companies of any kind, to stack the same France

way as to the interests of French, elsaskými, lotrinskými,

Allied or neutral, that would have found themselves in a similar position.



Article 5.



The request for the abolition of sequestration served members of the Czechoslovak

in accordance with this Convention shall be transmitted exclusively through Embassy

Czechoslovak with all necessary licences for the Office for the private property

and interests (L ' office des Biens privés Intéręst paths), which is a surrender to the

the competent prokurátoru of the Republic (Procureur de la République)

the purpose of the abolition of the ex officio examination, after the previous request, whether

corresponds to the provisions of this Convention.



Article 6.



Czechoslovakia agrees to the extent granted reciprocity to ensure

the property, rights and interests, instigating, returned in accordance with article 1 of the

This Convention members of France, the same treatment as assets,

the rights and interest of the same type belonging to the private účastenstvími

Members shall, after that, when this Convention enters into scope,

the above-mentioned property, right or interest to any measures that the sympathy of the

would be adversely affected and that ownership was not just about

property, rights and interests of their own members, účastenstvích and that the

will pay reasonable compensation, if such measures were taken.



Article 7.



Czechoslovakia recognized the validity of all rights, which was the French

nationals or companies, of which the majority of the share capital

belonged to members of the French, acquired the territories, forming now

part of Czechoslovakia under the Dominion of laws in force in such territorial

parts at a time when the rights were acquired.



Czechoslovakia recognised especially force concessions and rent concessions

granted before 1. in August 1914, relating to the use of public

equipment, mining concessions or leases, as well as acquired rights to the

kutání, or to obtain concessions for mining, especially of concessions for mining

kerosene and other oil products, coal, iron, or stone

other ores, as were permitted either by States, countries or

the municipalities, whether landowners or concessions. These concessions shall remain in

validity of the conditions and time limits, until the expiration of the concessions provided for in the

or leases.



The owners or tenants of any kind of concessions, which interests they have become

during the war, subject to exceptional measures of war or disposičních,

or who were temporarily deprived of the enjoyment of their rights, will be able to

given the extension of that concession. This extension will be

taken into account at the time that the užíváních were stripped of their rights.



The extension will be authorised on the basis of amicable agreement between the zájemníky

and in the event that such an agreement could not be docíliti, will be

matter to an arbitration, chosen in the agreement between the high

by the Contracting Parties.



If granted an extension of one of the parties as a result of changes

in the business circumstances of injury, will be able to be judges, elected

the agreement between the High Contracting Parties, set out for the injured party

adequate compensation.



Article 8.



The company established under the laws of German, Austrian or Hungarian,

which had its principal place of business or registered office of the social front 1. August

1914 in territories that are now part of Czechoslovakia, and in which most of the

capital stock belonged to French nationals or companies,

in which French nationals had the majority of the share capital,

they will have the right to přenésti their property, rights and interest in abetting

another company established and authorised in accordance with the laws of the Czechoslovak.



The company established under French law, of which the main

the establishment was 1. in August 1914, in the territories of the přiřčených

Czechoslovakia and for which the majority of the capital stock belonged to

French nationals or companies, in the kterýchž family

they had most of the stock of capital, will be able to freely

do your industrial enterprises according to article. 19 business agreements

the Franco-Czechoslovak.



Permit, if required for the implementation of the preceding two paragraphs

must be granted, but with the exception of cases, when it comes to industrial

businesses, which will be given to the nature of the subject of general interest

by law or by decision of the Ministerial Council of the special restrictions.
The newly established company will not be subject to any of the causes of the conversion

benefits or special charges.



Article 9.



Subject to compensation, which would be after the law required

Czechoslovak nationals, Czechoslovakia, neodejme

legal effect of decisions that have been taken since the beginning of the war until the

three months after the signature of this Convention, the General meetings of companies which

should social seat in one of the territories forming part of today

Czechoslovakia, on the grounds that these general meetings were held in

cizozemsku.



Article 10.



The High Contracting Parties shall allow each of its members who are

victims of war damage, the same time limit for payment of the debt to them as their

members of its own.



Article 11.



In the implementation of articles 1, 7 and 8 will be taken into account only to the interest

intervention of the French, which existed in societies or

enterprises from 1. in August 1914, and in the implementation of articles 3, 4 and 5 only

the Czechoslovak interest intervention that existed in the

companies or enterprises from 28. October 1918.



II.



Of the Treaty and of the period.



Article 12.



and contracts concluded between the parties) conquered the powers now

Czechoslovakia and conquered the powers of the French, which have become

odloučenými with the parties within the meaning of paragraph 1. the attached annex, is

thought me cancelled as from the time when any two of the parties became

the parties to the odloučenými, except, in the case of debts and other financial obligations,

arising from the execution of some negotiations or salary agreed these

treaties, and subject to the exceptions and special rules for some

the contracts set out in article 5 or below, or in the attached annex.



(b)) of the repeal are exempted under this article of the Treaty which meet the

will be applied for within six months after this Convention enters into scope,

in the general interest and on the basis of the agreement between the High Contracting Parties.



If the fulfilment of the contract will thus conserved as a result of changes in the validity of the

in the business circumstances of some of the parties considerable injury, will be able to

judge, chosen by agreement of the High Contracting Parties, přiřknouti

the injured party reasonable compensation.



(c)) of any provisions of this article or the attached annex cannot have

for that, it takes away the validity of some of the negotiations, which was inevitably done

under the Treaty, negotiated between the parties, with the approval of the authorities ' odloučenými

French, German, Austrian or Hungarian depending on which

case.



(d)) If the license contracts and contracts for the use of the property

the industrial, literary and artistic, contracted persons, which have become

the parties, the party of the odloučenými of this species originally authorized

will have the right to vyžádati six months after that, when this agreement

takes responsibility, on the person to whom they belong, the granting of new rights

a licence with conditions, if no agreement can be

established by a competent court under the general law.



The annex to article 12.



(I).



The provisions of the General.



1. Within the meaning of articles 12, 13 and 14 is thought me a person, which are parties to the

Contracting, unconnected, if the deal between them forbidden laws

income or the regulations of a State whose national has been one of the

parties or became illegal in any way. Will be considered

secluded on the day when the trade was banned or become in any way

illegal.



The expression "period of separation" means the time that the transaction was illegal.



2. From the repeal of article 12 are excluded and subject to

laws, regulation and revenue, according to the circumstances of the French, German,

Austrian or Hungarian, issued by the course of the war before September 11. November

1918, remain in force of the Treaty, as well as contracting clauses:



and towards a transfer) contract, goods and property ownership of movable

or real, was transferred to the ownership of or the subject released before

before the parties have become parties to the odloučenými;



(b)), rent and lease pachta promises;



(c)) of the Treaty, and the mortgage lien podzástavní;



(d)) the concession of mines, pits, quarries or bearings;



(e)) of the Treaty agreed between individuals or companies and States,

provinces, cities or other equivalent administrative entities;



(f)) of the Treaty the social;



(g)) of the Treaty, belonging to the family, namely, the Treaty of the wedding;



(h) free or paid for) of the Treaty, for monitoring the purpose of charitable or

claims;



I) contract založivší liberality of any kind.



3. If the provisions of some of the Treaty referred to in article 12 of part, cancelled

the other provisions of the contract shall remain subject to the use rights

under the circumstances, the French, the German, Austrian and Hungarian, as

determined in section 2, in effect, if you can make a farewell. In

If not, will the contract thought me dissolved in its entirety.



II.



Special provisions for certain types of contracts.



The contract on bursách on securities and goods.



4.



and) the High Contracting Parties confirm the rule, issued in the war recognized by the

bursami on securities and goods, providing for the disposal of bursovních

shops closed for private purposes, which before the war had become a party to the

debt, as well as the measures taken pursuant to these rules, subject to:



1. it was expressly provided that the trade is subject to the rules

bursovním;



2. that such rules were binding for all involved;



3. the conditions of disposal were fair and reasonable.



(b)) the preceding paragraph does not apply to measures taken for the

the occupation of the bursách in the regions occupied by the enemy.



The pledge.



5. Sale of the collateral constituted to ensure the debt of some of the parties separated in

the case of non-payment will be thought me as valid, even if the owner could not

to be informed, if the creditor acted in good faith and with due care

and caution and the owner will be able to in that case vznášeti nijakých

the opposition parties, the sale of the collateral.



Trading securities.



6. The Committed, if any person, before the period of separation, or for him to

payday commercial security on the basis of the commitment, which underwent

before the war against it by another person, which became a party to the detached, will

This continues to be required to ručiti the person had appointed for the consequences of its

the commitment through the separation that has occurred between the parties.



7. Fate of the insurance and reinsurance contracts agreed before the war between

the two parties, which have become parties to the odloučenými, will be the subject of

the agreement later.



Article 13.



and High sides) on the territory of the odloučenými will be in relations between

the parties all procedural time limits, limitation of rights of cancellation and preklusivní,

suspended for a period of separation, either began to run before the beginning of the period

separation, whether after him; beginning to run again at the earliest three months after the March 31.

July 1921. This provision will pay through the nose for the periods when presentačních

kuponech interest rate or dividend, as well as on the presentačních the time limits

to the payment of the securities, winning or from any other reason

payable.



(b)) as regards the commercial securities, will begin a three-month period, of which

the speech is in the previous paragraph, to run from the date when definitively cease to be

the scope of the exceptional measures, paying for securities business in

the territory of the interested powers.



Article 14.



In the relations between the parties to the odloučenými will have considered that no

commercial paper does not lose legal force only because of this that was not

submitted to the acceptance or payment by the prescribed time limit, or that

vydatelé or indosanti were not informed about the rejection or

failure to pay, or that meet the protest, nor, for that reason, it was not

granted, any other formality for the period odlukového.



If the time in which the commercial paper should be submitted to the

acceptance or payment, or which should be vydatel or indosanti

be notified of non-acceptance or non-payment, or where the paper should be

protestován, in the odlukovém period has expired and if the party, which was

předložiti or protestovati paper or credit report to take

because of non-payment, it did not do so after this time, it will be allowed the time limit

at least 3 months after 31 December 2006. July 1921, in which he will be able to předložiti a valuable

paper, credit report of non-acceptance or non-payment or protest, however.



Article 15.



The High Contracting Parties agree that the judgments are thought me

Although the joint arbitration tribunal in section VI (part X) peace

the Treaty with Germany and in similar sections of the other peace agreements for

the final, and that will make them binding on their territories.



Article 16.



Czechoslovakia or Czechoslovak nationals on the one hand, or

France and its members on the other side will not be able to administer it to an action

or uplatňovati a claim due to the fact that during the war there was a

use of rights ownership of industrial, literary and artistic

belonging to persons, which have become parties to the odloučenými, the Government

French or any person acting on its behalf or under its

the instructions or any person who acted on behalf of the Governments of the former German

the Austrian or Hungarian or according to their instructions, or due to sales,

the sale or využitkování products, goods or instruments

of any kind to which such rights apply.
Persons residing or carrying out their profession on the territory of Czechoslovakia to the

the one hand, or on the territory of the French, on the other hand, neither the members of the

These powers, or of the person by a third person, they promoted their rights

during the period of separation, not be able to administer it to an action or a uplatňovati

the claim for the facts of the cases využitkování, which took place on the territory of the other

party for this period and which might have considered that are detrimental to the

the rights of ownership of the industrial, literary or artistic, that

belonged to persons with odloučenými and stavším exist in the

any moment, during the period of separation, and which will be renewed in accordance with articles

307 and 308 of the Versailles peace treaties or similar articles of other

contracts.



Article 17.



Differences in the interpretation of this Convention shall be submitted to an arbitration, which will be

established by the agreement between the High Contracting Parties.



Article 18.



The High Contracting Parties shall take, in order to nejúplnějšího if possible

the implementation of the provisions of this Convention measures compatible with their internal

legislation, once it is signed, nevyčkávajíce its ratification,

that will be carried out as quickly as possible.



On the CONSCIENCE of the assignees of both parties, have signed this Convention.



Done in duplicate at Paris on 18 May. January 1921.



Štefan Osuský, in r.



A. Briand in r.



The Protocol of signature.



Přistupujíce to the signing of the Convention relating to assets, rights, and private

interest abetting, decided to pojmouti in this Protocol assignees

the interpretation of certain provisions of this Convention, of which the French and

Czechoslovak representatives during the negotiations were agreed.



I, as regards article 1, are represented by the recognition that it is

from a practical reason, urychliti thing, if article 1 of this Convention

direct recovery of assets from occupied France withdrawal, which could, in the

Czechoslovakia nalézati in the hands of bona fide holders, the French property

This largely. Therefore would actually přikročiti to the implementation of these

former States hostile restitutions. The French Government will therefore

podporovati the Government of the Czechoslovak negotiations, that this will take a

order to its members, the nabyvším property, which is honestly

deallocated when the implementation of that article of the first, was returned to the purchase price of the

for the assets, which will be considered, that was without a legal background

fully paid to the attention of the authorities or members of the former States of the enemy.



II. the representatives agreed that the expression "persons subject to it

time the powers of one of the two countries ", contained in article 12, shall mean such

the persons who, at the time when this Convention enters into force, will, whether because

its headquarters, whether because of their nationality, subject to the laws of the

of these countries.



III. In paragraph (d)) of article 12 of the expression "contract of license for the use of

ownership of industrial, literary and artistic "has only the shortlist

and technical importance, who admits in some countries, the words

"license agreement" but applies to all contracts having as their object the arts

the permission of the third party, that used a cell or part of the property rights

the industrial, literary and artistic.



IV. Nationals of the former enemy States, who will take

the Czechoslovak nationality otherwise than in the manner laid down in article 4,

paragraph 1., shall, with regard to the assets in them sekvestrovaného

France, požívati benefits, which have been or will be provided to members of the

the former enemy countries, which before belonged.



On the conscience of the plnomocníci of both States have signed this Protocol.



Given in two specimens in Paris on 18 May. January 1921.



Štefan Osuský, in r.



A. Briand in r.



This is the Convention did, that was based on the resolution of the

The National Assembly, and the Chamber of deputies from 27 June. January 1922

and the Chamber of 16 October. February 1922, approved the ratification of the Charter,

on March 31, 1922, which was signed by President of the Republic

And the Minister of Foreign Affairs of Czechoslovakia. 24 September. in May 1922, was

be drawn up in the Paris Protocol on the exchange of instruments of ratification, which took

the international scope of the Convention.



The National Assembly decided at the same time, the Minister of Foreign Affairs

to all interested ministers made additional measures

which is needed for the implementation of this Convention.



T. g. Masaryk in r.



Dr. Edvard Beneš in r.