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On The Adjustment Of Receivables And Debts With Jihoslavií

Original Language Title: o úpravě vzájemných pohledávek a dluhů s Jihoslavií

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124/1929 Sb.



Convention



between the Republic of Czechoslovakia and the Kingdom of Serbs, Croats and Slovenes

on the adjustment of receivables and debts incurred prior to 26. February 1919

in the old Austro-Hungarian crowns between lenders or borrowers

Czechoslovak and srbochorvatskoslovinskými.



ON BEHALF OF THE CZECHOSLOVAK REPUBLIC.



ON BEHALF OF THE CZECHOSLOVAK REPUBLIC



And



THE KINGDOM OF SERBS, CROATS AND SLOVENES WAS NEGOTIATED THIS CONVENTION SHALL

THE FINAL NOTATION:



(Translation.)



Convention



between the Republic of Czechoslovakia and the Kingdom of Serbs, Croats and Slovenes

on the adjustment of receivables and debts incurred prior to 26. February 1919

in the old Austro-Hungarian crowns between lenders or borrowers

Czechoslovak and srbochorvatskoslovinskými.



The President of the Czechoslovak Republic and his Majesty the King of the Serbs,

Croats and Slovenes, being inspired by a desire to establish a permanent Alliance Convention for editing

receivables and debts incurred prior to 26. February 1919

the old Austro-Hungarian crowns between lenders or borrowers

Czechoslovak and srbochorvatskoslovinskými, just to name their

agents:



The President of the Republic:



p. Dra Bohumil Vlasák,



The President of the Czechoslovak Republic and his Majesty the King of the Serbs,

Croats and Slovenes, being inspired by a desire to establish a permanent Alliance Convention for editing

receivables and debts incurred prior to 26. February 1919

the old Austro-Hungarian crowns between lenders or borrowers

Czechoslovak and srbochorvatskoslovinskými, just to name their

agents: authorised the Minister for trade, the preferred

the Czechoslovak Ministry of finance;



His Majesty the King of Serbs, Croats and Slovenes:



J. e. p. Branko Lazareviće,



Envoy Extraordinary and Minister Plenipotentiary,



who, vyměnivše his full powers, which were found to be in good and proper

the form, have agreed as follows:



The article first.



(1) cash commitments expressed in the old Austro-Hungarian and Czech Crowns

based on the private title, which arose prior to 26. February 1919

between the fysickými or legal persons of private law or

the public, or are based on contracts or other legal

meetings from the period prior to that date, they will be satisfied if one of the parties

on 26 April. February 1919 in their place of residence (seat) on the territory of the Republic

Czechoslovakia (Czechoslovak lenders or borrowers) and the second on the territory

the Kingdom of Serbs, Croats and Slovenes (lenders or borrowers

srbochorvatskoslovinští) as follows: borrowers srbochorvatskoslovinští

pay half dinaru for each of the old Austro-Hungarian Crown, while the

borrowers will pay through the Czech half a Crown for Czechoslovakia

each of the old Austro-Hungarian Crown.



(2) the provisions of this Convention only applies to debts and claims in

the old Austro-Hungarian crowns that lasted 3. October 1928.

On the debts and claims in the old Austro-Hungarian crowns that

before the date referred to above have been transformed by agreement between the interested

Parties on the debts and claims expressed in other currencies, the Convention

It does not apply. The composition of the Court, made without the consent of the creditor's,

do not operate the demise of debt.



(3) if the other provisions do not contain exceptions, interest will be even

debt paid, at the rate of 5%, or if the contracted rate lower,

According to the agreed rates. Interest on late payments but cannot until the

the effectiveness of the Convention ever to be recovered.



Article 2.



(1) payment of the amounts referred to in article first cease to exist completely claims

creditors and debtors and debts of the Czechoslovak, as regards the

srbochorvatskoslovinských, except that the monetary Constitution of the Czechoslovak

pay the Czechoslovak Institute in Prague even posting the other half

Czechoslovak crowns for each of the old Austro-Hungarian Crown their

debt. If needed, is a Czechoslovakian Clearinghouse shall be entitled to

vymáhati these amounts judicially.



(2) the amounts that the Czechoslovak Clearinghouse as follows vybéře, used

as surcharges for Czech Central Bank savings and

The Trade Bank in Prague up to 80% of their capital

Receivables expressed now in the Czechoslovak crowns that belong

the first bank from the contract with the former countries of the Countryside and with the municipalities of hosting and

the second of the contracts with the municipalities of hosting and with company h. Moster and sin in Sv.

Ivana-Žabnu. If the amount paid as follows the Czechoslovakian posting

the Institute was not enough, the mandatory received salaries relatively between both

of the Bank. Any surplus shall be distributed proportionately between the two banks to cover

the losses, which could have on interest arrears from above mentioned

claims.



(3) the claims mentioned in paragraph 2. This special

the provisions of:



and amortisation becomes under) for option's redemption and the provisions of the first schedule

article. The first day of the due date of payment, which is referred to in

for option's redemption is the nearest plan after 30. September 1928;



(b) the amount of the redemption contained in) the Council shall, in accordance with the plan for option's redemption

have not been paid in a timely manner, be treated like them maturity so far

valid, and will be paid so that at the same time with each annuity in

future due has been paid will be the same part of the said arrears, in order to

at the same time with the last installment to stand by for option's redemption plan,

completely paid down referred to the unpaid amount of the redemption;



(c)) for the period between the last payment and the first repayment date (a) receives

creditors agreed a three-year interest calculated from the capital debt, if

He insisted on the day of the last payment. Other arrears of interest, as well as

administrative posts for the period between the date of the last payment and the date on which in accordance with

plan and section and) was the first resumed payment of an annuity, they are considered

the extinct.



Article 3.



(1) the debts and claims of persons on 26 April. February 1919 had two

residence, one in the Republic of Czechoslovakia, the other in the Kingdom of Serbs,

Croats and Slovenes, will not be settled according to the provisions of article first,

but will be treated to the lenders (borrowers) Czechoslovak

as with debt between lender and borrower and to the Czechoslovak

creditors (borrowers) srbochorvatskoslovinským as with debts of between

borrower and lender srbochorvatskoslovinským.



(2) the provisions of article first does not apply to debts and claims of persons of

one or the other (the debtor or creditor) translated in the period between 26.

February 1919 and the effective date of this Convention their residence to the territory of a third

the State, not before the date of effectiveness of this Convention again settled in the territory of

one or the other party.



Article 4.



The provisions of this Convention shall not apply to claims and debts of the affected

the conventions which the Contracting States have negotiated on the adjustment of receivables and debts in the

the old Austro-Hungarian crowns with the other.



Article 5.



If the debtor has died or the creditor prior to 26. February 1919 and was not the same

on the day sequence, yet it is considered a crucial place of residence

zůstavitelovo.



Article 6.



For public companies, companies, limited partnerships, as well as for

legal persons shall be deemed established for them residence. If they are

the Constitution mentioned entered in the commercial register, shall be decided by the seat of the main

the race entered in the register.



Article 7.



(1) when the debt and claims credit institutions or insurance undertakings, subsidiaries

their registered office is decided by and not the seat of the main race.



(2) Debts and receivables of the documents, which were the main Institute

insurance companies will be able to be treated as debts and receivables subsidiaries

only as long as it goes on the scale of the Charter undoubtedly the same or

This written agreement of the parties concerned.



(3) the provisions of this Convention shall not affect the legal relations between the main

race and its affiliates.



Article 8.



(1) If, after 26. February 1919 when a debt or claim,

which are listed in the article, the first of the creditor's or debtor's person,

It has significance for the way of settlement.



(2) the provisions of this Convention shall not apply to claims that after 3. October

in 1928, they moved to the persons referred to in article first lenders who in

the record date had their residence (registered office) elsewhere than on the territory of the Republic

Czechoslovakia and the Kingdom of Serbs, Croats and Slovenes.



Article 9.



The provisions of this Convention do not apply on these debts and claims:



and of debts and claims) (capital instalments, interest,

dividends) on securities. debentures, shares,

its shares and other securities;



(b)) of debts and receivables from social insurance ratios;



(c)) of debt and claims from the private insurance that will be

governed by special Convention.



Article 10.



The limitation period for claims and debts in the old crowns of Austria-

Hungarian governed by this Convention, shall be treated as if it came by the day

on 28 October 1918, or have become, if these claims and debts payable after

that date from the due date until the ninetieth day after the effectiveness of this

of the Convention and shall expire a year after that date.



Article 11.



Any disagreement between the High Contracting Parties concerning the interpretation and application of

This Convention shall be submitted to the Permanent Court of international justice in the

The Hague.



This Convention shall be ratified and the instruments of ratification shall be exchanged as

as soon as possible in Belgrade.




The proof above putting agents have signed this Convention.



Done in Prague on 7. November 1928, in the language of French in two

original copies, one of which was given to each of the High Contracting

party.



L. s. Dr. BOHUMIL VLASAK in r.



L. s. BRANKO LAZAREVIĆ in r.



The final write.



At the signing of the Convention between the Czechoslovak Republic and the Kingdom of the Serbs,

Croats and Slovenes on the adjustment of receivables and debts, incurred by

26. February 1919 in the old Austro-Hungarian crowns between

creditors or debtors Czechoslovak and srbochorvatskoslovinskými,

Contracting Parties have declared:



1. those maids, factory workers, helpers or živnostenští

the disciples, students or pupils, who on 26 April. February 1919 should stay on

the territory of one of the two States and who before signing the above mentioned Convention

settled in his home country, shall be considered as if they were residing

on 26 April. February 1919 in his home State;



2. public employees, whether in active service, whether at rest, who before the

the signature of the above mentioned Convention, transferred his residence from the territory of one of

both States on the territory of the other State, shall be considered as if they had their

residence in that territory already on 26 April. February 1919.



3. Both Governments undertake to pay claims covered by this

the Convention will not have to pay the money due problems beyond

his State.



This notation will be ratified on the same day as the Convention of today's date, and

will take effect at the same time with the Convention above.



The proof that the enrollment agents have signed and clutched at his seal.



Done in Prague on 7. November 1928, in the language of French in two

original copies, one of which was given to each of the two Governments.



L. s. Dr. BOHUMIL VLASAK in r.



L. s. BRANKO LAZAREVIĆ in r.



PROZKOUMAVŠE THIS CONVENTION WITH THE FINAL WRITING AND KNOWING THAT THE NATIONAL

THE ASSEMBLY OF THE CZECHOSLOVAK REPUBLIC AGREES WITH THEM, WE APPROVE AND

POTRVZUJEME IS.



THE CONSCIENCE WE HAVE SIGNED THIS SHEET AND THE SEAL OF THE REPUBLIC

THE CZECHOSLOVAK PŘITISKNOUTI DALI.



PRAGUE CASTLE on 30 November. JULY 20TH DEVÍTISTÉHO ONE THOUSAND YEARS

The NINTH.



The President of the Republic:



T. g. MASARYK in r.



Minister of Foreign Affairs:



Dr. EDVARD BENEŠ in r.



Is that the instruments of ratification were exchanged in Belgrade

24 September. August 1929, which on the date of the Convention with the final registration of the acquired

According to the article. 11 efficiency.



Dr. Edvard Beneš in r.