Implementation Of Article. 266 And 273 Of The Peace Treaty Of St. Germain St.

Original Language Title: Provedení čl. 266 a 273 mírové smlouvy St. Germainské

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=4756&nr=4~2F1929~20Sb.&ft=txt

4/1929 Sb.



The agreement



concerning the implementation of articles 266, last paragraph, and 273 of the peace

the Treaty of St. Germain St.



On behalf of the Czechoslovak Republic.



On behalf of the Czechoslovak Republic and the Republic of Austria has been negotiated this

Agreement:



The agreement



concerning the implementation of articles 266, last paragraph, and 273 of the peace

the Treaty of St. Germain St.



Mr. president of the Czechoslovak Republic and Mr. Federal president

the Republic of Austria, desiring to questions of accounts and submitting articles

266, last paragraph, and 273 of the peace treaty of St. Germain, decided to Wed.

the uzavříti agreement and name its designee for this purpose, namely:



Mr. president of the Republic:



Mr. Emanuel Hermann-Dra Otavského,



trade unions in the Ministry of the Interior, the preferred



and



Mr. president of the Republic of Austria:



Mr. Charles Schönbergera, Dra



the Ministerial Council in the Federal Ministry of finance,



who vyměnivše their full power and shledavše is correct, they agreed

the following provisions:



The first partition.



Article I.



1. the Republic of Austria shall issue to the Republic as a whole in the former Czechoslovakia

the Austro-Hungarian Empire before 28 February. October 1918 incorporated or constituted

and for the members of the former Austrian Empire, intended bequests, donations,

scholarships and foundations of all types, including family foundations (in the next

generally as the Foundation marked), if they are found on the territory of the Republic

The Austrian, are intended exclusively for persons who now are

Czechoslovak nationality, if they have been 28. July 1914

neb established based, according to the State in which they were located on 28. July

1914. The payment will be duly made by přihlížeti to the purpose of the Foundation.



2. Recoveries of 28. July 1914, which was not used due to the ordinary

payments will be issued by the State at the time of the signing of this agreement. If there was a

Perhaps the proceeds payable after 28. July 1914, used for other than the ordinary

payments, the amounts, which have been used for such payments, issued

in Austrian pre-war rentách according to the nominal value.



3. If the Foundation has been founded or established after 28. July 1914, the

released by the State at the time of the signing of this agreement. This is true even in the cause of

the Foundation, established after 28. additions July 1914.



4. the provisions of the first section of this agreement does not apply to military

the Foundation, which is the second section, unless they are explicitly dovoláno

in Article XV.



Article II.



The release of "from a State in which the Foundation was found to 28 June. July 1914 "

According to the same release is physical property of objects in natura,

in particular, the issue of securities of the same type and of the same nominal value

such as those which were Foundation capital on 28. July 1914. For

cash, that perhaps there were 28 June. July 1914 and which has not been

later used to ordinary payments, however, will be issued to the same nominal

Austrian in pre-war rentách.



Article III.



For links and donations within the meaning of article 87(1). I. this Agreement shall be deemed not only

the dedication, which according to their designation should be used as a Foundation, but

also such a dedication, that are intended to serve legal

persons of a different kind in pursuit of a lasting purpose.



Article IV.



1. In the cause of the Family Foundation, which according to the article. I. this agreement do not

to be issued in a whole, for not intended exclusively for persons who now

are the Czechoslovak nationals, where, however, the Foundation

the delights of the profession are in addition to other State citizens now

Czechoslovak nationals, both of the Contracting States shall undertake to

in one case in each case such adjustment will

the founder of the Foundation and the interests of the people (family) to the Foundation of the benefits

to find the best match, and, in particular, allow the piece to

pre-war rent, belonging to the assets of the Foundation, which falls on the

Czechoslovak Foundation trainee, might be nostrifikován as

Czechoslovak annuities.



2. This adjustment shall be made in each individual case in a short way

by agreement of the participating parent Endowment offices.



An Article In The.



1. In order to fully meet this friendly claims

Republic of Austria, the Republic of Czechoslovakia against the title of the article. 266,

the last paragraph, the peace treaty of St. Germain St., if it is not a Foundation,

which is the second section of this agreement, as well as, in particular, for the purpose of

the settlement of certain, in the cause of family foundations are hereditary issues

Republic of Austria, the Republic of Czechoslovakia of the Foundation issues in Austria

the Austrian managed the pre-war annuities in the amount of 24, 000,000 to, in the words

twenty-four million dollars, with the regular coupon (interest pay

sheet).



2. the issue of the rent shall be made within two years after

This agreement shall enter into force.



Article VI.



The Foundation of a purely religious nature (konfesionelní) this agreement is without prejudice.



Article VII.



1. The Republic of Czechoslovakia this agreement voluntarily assumes the obligation

the Republic of Austria, the Foundation of the soul on its territory is located, which

were based or established before 28 February. October 1918 and intended solely

for persons who are nationals of the Republic of Austria, the now and it

According to the State in which those foundations are on the day of the signing of this agreement.



2. If the equity of these foundations belong to the pre-war annuities,

issued the same type and the same titres nominal value without indication

as the Czechoslovakian territorial possessions.



Article VIII.



1. With the foundations, which according to the previous provisions, will be issued to Republic

The Austrian will issue Republic of Czechoslovakia, all of these foundations are

on the Foundation and the writings of blowing leaves is to manage the respective foundations

with the appropriate of consignments.



2. the issue of the Foundation's započíti as soon as possible and should be completed within a maximum of

during the 2 years after this agreement comes into force.



3. The foregoing provisions shall apply mutatis mutandis as to the foundations, which have to be

Republic of the Czechoslovak Republic the Austrian released.



Article IX.



1. this agreement is fully and finally made the adjustment in the cause of all

questions relating to the scope of the endowment.



2. Each of the two States is completely off, according to their own regulations

accounts and questions on the Endowment, as regards the scope of the Foundation which

under this agreement will not be released, as well as in the cause of the foundations, which the

pursuant to this agreement.



3. the provisions of the preceding paragraph does not, however, place, with respect to assets

(especially real estate) Czechoslovak foundations, which remains in the

Republic of Austria, and about the property (especially real estate) Austrian

the Foundation, which remains in the Republic of Czechoslovakia.



4. He also remains intact after the property law

jurisdiction in the territory of the second Member State mentioned are located assets to

the Foundation; However, this property shall be subject to the other terms & legal

the legislation of that State, on whose territory it is located.



The second section.



Article X.



The military Foundation managed by the central authorities will be former military

the Republic of Austria issued Republic of Czechoslovakia according to the

the following policies:



The Foundation of the former Austro-Hungarian army, to which the Republic of

Only this time, interest in Czechoslovakia, will be issued by the State

which were 28 June. July 1914, will přihlížeti to

payments made properly for the purpose of the Foundation.



This category (exclusively Czechoslovak military Foundation) includes

following the Foundation of the military:



and, undoubtedly, and Foundation), all exclusively intended for persons who are

now nationals of the Czech Republic, as well as those of the Foundation,

which are solely or mainly intended for persons on the territory of the Republic

The Czechoslovakian-born or resident.



(b)), at which the implementation of the Foundation's endowment is bound to the purpose

expressly indicated on the site or expressly indicated, if the

Instead, respectively. an object on the territory of the Republic of Czechoslovakia.



Article XI.



1. In order to fully meet this friendly claims

Republic of the Czechoslovak Republic the Austrian title of articles

266, last paragraph, and 273 of the peace treaty of St. Germain St., if

This is the Foundation and the funds managed by one of the former military

the central authorities will issue Republic Austrian Republic of Czechoslovakia

those military foundation upon which the Republic of Czechoslovakia, according

the purpose of dedication of major interest, as well as a number of other Panel

managed military Foundation and share of centrally managed

military funds.



2. these assets, issued according to the previous paragraph, along with possessions

designated in article. X must obsahovati the Austrian or Hungarian pre-war

annuities (including mooring bonds) in the aggregate nominal value of

10, 000,000 to, t. j. twenty two million crowns. If the latter, that

under the preceding paragraph shall be issued, were due in addition to the rent on 1 May 2004.

November 1924 also other securities and valuable objects, movable jinaké

These will also be released according to the status of 1. November 1924.



3. the Republic of Czechoslovakia will be příslušeti right when you pass in

individual cases shall demand in Exchange for the site of the Foundation, which has to be

issued pursuant to this article, another equally valuable centrally managed

a military Foundation.




4. any claims the Panel managed military funds compared to the

Czechoslovak nationals are transferred to the Republic of

The Czechoslovak for person (institution) that you specify. With the other party

These funds are sproštěny any obligations against the Czechoslovak

nationals.



Article XII.



Military funds and military Foundation that were not managed by one of the

military of the central authorities in Vienna, will be considered to be divided in

the way that each of the two Contracting States hold free to use

those values that are found in its territory.



Article XIII.



Without prejudice to the provisions of articles X and XII. It is recognized in the cause of military

the Foundation, to which the assets belong to the immovable property situated in the territory of one of the

both of the Contracting States, that this real estate will remain the

the State on whose territory it is situated. If the Foundation whose realtime according

the previous sentence is still a Republic of Czechoslovakia, in addition,

still belongs to the movable assets on the territory of the Republic of Austria is located,

the movable assets of the Republic of Czechoslovakia issued in accordance with the

the State of 1. November 1924, movable assets contained in this

the pre-war annuities započítati is to say, the aggregate sum of 22 000 000 to the implied

in the article. XI.



Article XIV.



1. With military foundations, which will be issued in accordance with articles X and XI. issues

Republic of Austria, the Republic of Czechoslovakia also all these foundations

related to the endowment and the writings of blowing the leaves to manage assets with

appropriate of consignments. This is also true about the foundations outlined in the article.

XIII., if the Endowment sheets, and the writings of the Republic of Austria has in

the custody.



2. Implementation of the provisions of this section should be initiated as soon as possible and has

be completed within six months after the agreement came into

the validity of.



Article XV.



The provisions of article. I, the second and third paragraphs, II. and IX., first and second

the paragraph also have places on military foundations, of which it is in the

This section.



The third section.



Article XVI.



1. In order to fully satisfy the claims of the consensual

Republic of Austria, the Republic of Czechoslovakia against the title of the article. 273

the peace treaty of St. Germain St., except for military funds, which are

It is in the second section, the Republic of Austria, the Republic of Czechoslovakia issues a

of the property for the essence of the kind indicated in the article. 273 of the peace treaty of St.

In Austria the Austrian St. Germain managed pre-war annuities in aggregate

nominal amount 4, 000,000 to, t. j. four million crowns, with the normal

coupon (interest pay sheet) at the latest within one year of

What this Agreement shall enter into force.



2. any claims of legal entities falling under article 87(3)(a). 273 peace

the Treaty of St. Germain vs. St. Czechoslovak nationals

are transferred to the Republic of Czechoslovakia for the person (institution)

She specifies. With the other party such legal entities sproštěny any

commitments against the Czechoslovak nationals.



(Art. 3) XVII.



In the cause of religious funds recognise identically both Contracting States that these

funds call for separate suits by individual former on

Imperial Council represented the Kingdom of organisované, and the countries from the State

different equity funds, and thus that both Contracting States to make the

religious funds to each other nijakých claims.



Article XVIII.



As regards the German order was noted consistently that the order according to the

favourable opinion of both Contracting States call for order is

the spiritual, whose fortune is not subject to modification according to the article. 273 of the peace treaty of St.

St. Germain.



Article XIX.



1. In the cause of the Central Organization of the former Austrian company Red

Cross agreed with both of the Contracting States as follows:



and the Central Organization of the said Possessions) located on the territory of each

of the two States to go without any billing organization Red

the cross of the Contracting State.



(b)) for the debts of the Central Organization of the former Austrian company Red

Cross (including both losových loans from r. 1882 and 1916) are not accountable or

The Czechoslovak Red Cross organisation, nor the Republic

Czechoslovak.



2. Thus, any question relating to the Central Organization of the former

Austrian society of the Red Cross in the ratio between the two Contracting

States finally adjusted.



Article XX.



As regards Fund residential care and fund Royal Jubilee of Emperor

Franz Joseph, 1908, this:



The Austrian Federal Government declares that both of these funds as the State

administrative funds are assets of the State.



The Government of Czechoslovakia declares that, for the case that the repair

the Commission still did not include the claims of both these funds for borrowers

residing within the Czechoslovak in the evaluation referred to in article. 208 peace

the Treaty of St. Germain, St. asks that these claims were considered

the claims, which were transferred to the Republic of Czechoslovakia.



The Austrian Federal Government manifests for this case this consent.



The fourth section.



Article XXI.



If, pursuant to the provisions of this agreement, the Republic of Austria shall issue the Austrian

or Hungarian pre-war annuities, these annuities issued without designation

as an Austrian territorial possessions.



Article XXII.



1. this Agreement shall be made to the exclusion of the diplomatic path

directly between the competent central authorities. The provisions of the second

section shall be carried out as the central competent authorities of the Czechoslovak

Ministry of national defence in Prague and the Austrian Federal Ministry of

Finance-military new biodegradable Office in Vienna.



2. the Transfer, in relation to the takeover of the Foundation and the assets that are to be

issued pursuant to this agreement, will be done in Vienna, then those that are

discussed in the article. VII., in Prague.



Article XXIII.



Any special Convention concluded between two Contracting States in the cause of

each of the legal entities that Act article. 266, last

paragraph, or 273 of the peace treaty of St. Germain St.., shall remain unaffected.



Article XXIV.



1. any differences of opinion, which, in implementing this Convention may

vzejíti, the two Contracting States for good. However, unless the

conformity is achieved, it will be submitted to the arbitration case is disputed, the

the decision will be binding to both of the Contracting States.



2. the Judge shall be designated in the agreement of both Contracting States; If it is not about

conformity is achieved, the person of the arbitration will be appointed to the Permanent Court of Justice

International Justice in the Hague.



This agreement is drawn up in two original copies, each in the speech

Czechoslovak and German; both texts are authentic.



This agreement will be ratified first, if possible; ratification of the

will be exchanged in Vienna. Agreement enters into force on the day of the exchange of

instruments of ratification.



Done at Prague, on 7 December. December 1925.



For the Republic of Czechoslovakia:



L. s. Dr. Emanuel Hermann-Otavsky in r.



Prozkoumavše endorsement of the agreement, and we confirm it.



The conscience we have signed this sheet and the seal of the Republic

The Czechoslovak přitisknouti dali.



In the castle of Prague, on 26 April. may devítistého the twentieth one thousand years

the sixth.



The President of the Republic:



T. g. Masaryk in r.



L. S. Minister of Foreign Affairs:



Dr. Edvard Beneš in r.



Is that the instruments of ratification were exchanged on 8. June

1926, which on the date of the agreement acquired pursuant to article. XXIV. International

the scope of the.



Dr. Edvard Beneš in r.