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.