The Negotiation Of The Convention Concerning The International Administration Of The Estates Of

Original Language Title: o sjednání Úmluvy o mezinárodní správě pozůstalostí

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218/1995 Sb.



The COMMUNICATION FROM the



Ministry of Foreign Affairs



Ministry of Foreign Affairs says that the 2 July. October 1973 was in

The Hague Convention concerning the International Administration received estates.



On behalf of the Czechoslovak Socialist Republic, the Convention was signed in

The Hague on 4. April 1975.



With the Convention have expressed their approval of the Federal Assembly of the Czechoslovak

the President of the Czechoslovak Socialist Republic and the Socialist

the Republic has ratified it. The ratification instrument was deposited with the Government

Kingdom of the Netherlands, depositary of the Convention, on July 20. October 1976.



At the signing and ratification of the Convention was made the following statement:



"The Czechoslovak Socialist Republic declares, pursuant to article 31

Convention concerning the international administration estates, concluded at the Hague on 2. October

1973, that for the purposes and under the conditions of article 3, where the deceased was her

a national, must be applied to the Czechoslovak legislation

for holders of a and the definition of its powers.



At the same time the Czechoslovak Socialist Republic announces in connection

with article 43 of the Convention, which gives States the right to declare that the Convention

is in effect for the territory, which in terms of international represent that

in its opinion, the maintenance of certain countries in a State of dependency

It is in contrast with the content and objectives of the UN Declaration of 14 May. December 1960

on the independence of the colonial countries and peoples,

the need for the quick and unconditional liquidation of all shapes and forms

Colonialism. ".



On 1 May 2004. March 1993 Czech Republic announced the Government of the Netherlands

the Kingdom, that the Czech Republic as a successor State of Czech and Slovak

The Federal Republic is considered to be bound by the Convention concerning the international administration

estates on 2 December. October 1973 including the declarations with effect from 1.

January 1993. Declaration on article 43 Czech Republic withdrew its

the notification of the Government of the Netherlands on 6. June 1995.



The Convention on the basis of its article 44, entered into force on 1 January 2000. July

1993 and that date according to the same article and entered into force for the Czech

Republic. ^ 1)



Czech translation of the Convention shall be published at the same time.



CONVENTION CONCERNING THE INTERNATIONAL ADMINISTRATION OF THE XXI ESTATES



The signatory States of this Convention,



in order to implement common arrangements to facilitate international governance

estates,



have decided to conclude a Convention for this purpose and have agreed on the following

provisions:



TITLE I OF THE



International certificate



Article 1



States parties shall establish an international licence, which States the person or

the person authorized to manage the movable property of a deceased person

defines its or their powers.



This card was acquired in a Contracting State specified in the article. 2 according to the pattern

annexed to this Convention will be recognized in the Contracting States.



Any Contracting State may make the recognition procedure or the publication,

as stated in the article. 10.



TITLE II



The acquisition of the licence



Article 2



The card shall be drawn up by the competent authority in the Member State in which the deceased had

permanent place of residence.



Article 3



When the holder of the licence provisions and definition of its powers is appropriate

the Office shall be governed by its internal legal order, except in the following cases, when

It's the internal legal order of the State of which the deceased was a national

a national,



1. If both-how to become his permanent residence and his State of the State

jurisdiction-have made a declaration pursuant to article. 31,



2. If the State of which he is a national, but not the State of its

of residence, has made the Declaration referred to in article 14(2). 31, and if the deceased

He lived in the State, whose Office issues the licence, for a period of less than five years

immediately before his death.



Article 4



Any Contracting State may declare that, in holder's provisions and

definition of its powers will be governed, regardless of the article. 3, either by its

internal legal regulations, or the laws of the State of which the deceased was

a national, according to your choice.



Article 5



Before issuing a licence, the competent authority may, in the case that the Governing

the internal laws of the State of which the deceased was a national,

inquire at the Office of that State, which was established for this purpose, whether

the content of the licence, in accordance with its legal system, and if it considers the

appropriate, set a deadline for a response. In the absence of a reply within this period,

takes a licence based on the custom interpretation of legal procedure.



Article 6



Each Contracting State shall designate a judicial or administrative authority competent for the

the acquisition of the licence.



A Contracting State may declare that the card will be taken in its territory

regarded as "taken by the competent authority", will be taken to one of the

persons belonging to a professional Corporation, established by that State,

If you will be authenticated by the competent authority.



Article 7



The issuing authority shall take measures, as soon as the publication to inform

stakeholders, in particular the surviving spouse, and shall, if necessary,

the investigation shall issue without delay.



Article 8



It shall inform the competent authority, on request, any interested person

or the Office for the issue of a licence and of its content, or its cancellation,

change or suspension of its effects. Revoking or amending a licence or

the suspension of the effects of the issuing authority must be informed each

the person or authority that were previously informed in writing of its release.



TITLE III



Recognition card, protective or urgent measures



Article 9



Subject to the provisions of article. 10 may be in other Contracting States, than in the

which the licence is issued, the only required the submission of the certificate for

the provisions of the certificate of competence and of the person or persons authorized to

administration of estates. Shall not be required to be no legalization or similar

formalities.



Article 10



Any Contracting State may make the recognition of the card either by decision of the

some of the Office's ongoing based on expediency or simple

disclosure.



This control will be able to include the opposition or appeal, if the

based on the article. 13, 14, 15, 16 and 17.



Article 11



If required or the publication of the proceedings referred to in article. 10, the holder may

the card on the basis of its plain presentation make or require

the release of protective or urgent measures within the limits of the licence from the

date on which the licence comes into force, possibly during the entire uznávacího

control, until the release of a different decision.



Provision of the law of the requested State concerning the provisional

recognition can be used only when this recognition is subject to rapid

control.



However, the licence holder will not be able to make or require measures

referred to in the first paragraph after the expiration of 60 days from the date of licence

entered into force if, within that time, did not give rise to proceedings for recognition

licence or has not taken the necessary steps to have it published.



Article 12



The validity of the protective or urgent measures taken pursuant to article 6(1). 11

does not affect the expiry of the period referred to in that article or decision on

non-recognition. However, anyone who has a concern, it may require

cancellation or confirmation of these measures under the legal system of the requested

State.



Article 13



Recognition may be refused in the following cases,



1. If it is found that the card is not credible, or not in accordance with the model

annexed to this Convention,



2. If it is not obvious from the content of the licence that has been issued by the authority of the internationally

competent within the meaning of this Convention.



Article 14



In addition, the recognition of a licence may be refused if, also in terms of

of the requested State



1. the deceased had domicile in this State, or



2. the deceased was a national of that State, and therefore, according to the article. 3 and

4 should be applied to the internal legal system of the requested State for

the provisions of the licence holder and the definition of its powers. However, in such

the case of recognition cannot be refused where the contents of the licence is not contrary

with the internal legal system of the requested State.



Article 15



The recognition may also be refused if the license is incompatible with the

the merits of the decision issued by or recognized in the requested State.



Article 16



In the case that was presented to the recognition of a licence referred to in article 14(2). 1, however, when

According to the same article was previously recognized by another card in the requested State,

then, the requested authority may, if these two licenses are incompatible, either

withdraw recognition of the first and second, recognize or refuse to recognise each other.



Article 17



Finally, the recognition of a licence may be refused if it is clearly

incompatible with the public policy of the requested State.



Article 18



Non-recognition may be limited to some of the powers indicated in

licence.



Article 19



Recognition may not be refused totally or in part, or of any other

reason than is stated in the article. 13, 14, 15, 16 and 17. The same is true for

cases of revocation or cancellation of recognition.



Article 20



The existence of a previous local administration of the estate in the requested State

does not relieve the authority of that State, the obligation to recognise the licence provided for in this Convention.

In this case, is the holder of a licence exclusively equipped with the powers of the designated

in this document; for the powers that are not listed on the certificate, it may


the requested State shall keep the local administration of the estate.



TITLE IV



The use and effects of the card



Article 21



The requested State may, subject to the holder's exercise of its powers of surveillance and

the control of local authorities.



In addition, it may make the taking over of the survivor's assets located

on its territory, the payment of a debt.



The application of this article shall not affect the provisions and scope of the powers

the holder of the licence.



Article 22



Any person who pays or makes an asset certificate holder

drawn up and, if need be, recognised, will be exempted from liability,

unless they are found to have acted in bad faith.



Article 23



For each person who received the property from the holder's survivor

drawn up and, if need be, recognised under the Convention,

assumes that it has received from persons having competence to deal with it,

If it is proven to have acted in bad faith.



TITLE V OF THE



Cancellation, modification, suspension of the card



Article 24



If in the course of the procedure for recognition of the substantive objections to raise against the

provisions or powers of the holder of the licence, the authorities of the requested

the State to suspend the interim effects card and postpone the decision,

where appropriate, to set a deadline by which it must be filed on the merits of the claim for

the Court which has jurisdiction.



Article 25



If the provisions or powers of the holder of the licence shall be the subject

the dispute before the courts of the State in which the licence is issued, the authorities may each

another Contracting Party to suspend the licence until the end of

the dispute.



If the dispute on the merits was brought before the courts of the requested State, or

another Contracting State, the authorities of the requested State may also suspend

the effectiveness of the licence until the end of the dispute.



Article 26



If the card is cancelled or if its effects are suspended in the State of

which it was issued, the offices of all Contracting States must arrange this cancellation

or suspension on their national territory, at the request of anyone who has the

that interest, or if you were informed about it by art. 8.



If errors occur in the State, whose Office issued the licence, to change any of the

the provisions of the licence, the authority shall cancel the licence and so far

take a new, modified as follows.



Article 27



The cancellation of the card, its change or suspension of its performance under art.

24, 25 and 26 shall not affect the agreements entered into by its holder within the territory

a Contracting State before the Office of that State,

that causes the cancellation, amendment or suspension.



Article 28



The validity of legal acts with the holder of the licence cannot be attacked only

due to the fact that the card has been cancelled or modified, or that its effects

have been suspended, unless it was established that the other party has acted in

bad faith.



Article 29



Consequences of revocation or cancellation of recognition are the same as those referred to in

article. 27 and 28.



TITLE VI OF THE



Real estate



Article 30



If the rule of law, according to which a licence has been issued, giving his

the holder of the powers relating to immovable property situated in a foreign country, must

Issuing Office noted the existence of these powers in the licence.



The other Contracting States may recognise these powers completely or partially.



Those Contracting States which have made use of the possibility under the preceding paragraph,

must indicate to what extent will recognize such powers.



TITLE VII



General provisions



Article 31



For the purposes of and under the conditions of article. 3 any Contracting State may declare that it shall

be used by its internal law for provisions of the holder and

definition of its powers, if the deceased was a

a national.



Article 32



For the purposes of this Convention, the term "permanent resident" or "State

jurisdiction "of the deceased that he had at the time of his death.



Article 33



Pre-printed text in the model form annexed to this Convention can

be drawn up in the language or in one of the official languages of the issuing

Office and shall in any case be drawn up either in a language of French,

or English.



Accompanied by a printed texts with the data corresponding to the dopíší either in the language of the

or one of the official languages of the issuing authority, or in the language of the

French or English.



The holder of the licence, which is clamoring for its recognition, must take a translation

nepředtištěných the data in the certificate, unless the requested authority this

the request has pardoned.



Article 34



In respect of the Contracting State which has in matters of administration of the estates of the two

or more systems of law applicable to different categories of persons,

each reference to the law of that State, interpreted as pointing to a

the legal system provided for by the laws of this State.



Article 35



Any Contracting State which has two or more territorial units in which

are used in different legal systems as regards the management of estates, will be

to be able to declare that this Convention shall apply to all territorial units

or only to one or more of them, and will be able to change this at any time

statement by making a new declaration.



This Declaration marks expressly the territorial units to which the Convention

shall be used.



The other Contracting States will be able to refuse to recognise a licence, if in accordance with

the data, when recognition is required, the Convention was not applicable to the territorial

the unit in which the licence is issued.



Article 36



If the Contracting State is composed of two or more territorial units in which

are in effect different legal systems with regard to the administration of estates,

then



1. every reference to the authorities, the legal system or on the process management of the State

which issued the licence, will be regarded as applicable to the authority, the legal order

or process management of the territorial unit in which the deceased had their permanent

residence,



2. any reference to the authorities, the legal system or process management

the requested State will be regarded as applying to the authorities, the rule of law

or on the process management of the territorial unit in which the certificate was submitted,



3. any reference in application of paragraphs 1 and 2 of this article to

the rule of law or a procedural control of the State which issued the licence, or

the requested State will be considered as containing the valid legal rules and

the principles of a State party, which is meant to apply in the territorial unit,

which is it,



4. any reference to the rule of law according to the nationality of the deceased will be

regarded as applicable to the law designated by the rules in force in the State,

the deceased was a national, or, if such rules

There was, as relating to the law of the territorial unit with which he had

the deceased have the closest ties.



Article 37



Each Contracting State shall notify the Ministry of Foreign Affairs of the Netherlands

at the same time as the deposit of its instrument of ratification, as well as the instruments of acceptance,

approval or log on,



1. the authorities referred to in article. 5 and under art. 6 (1). 1,



2. the designation of the ways in which information will be collected according to the article. 8,



3. whether it wishes or does not wish to make the recognition of compliance process management

or publication, and in the case that requires process management, mark

the authority before which the proceedings took place.



Each Contracting State referred to in article 14(2). 35 at the same time shall communicate to the Ministry of

Foreign Affairs of the Netherlands, the information referred to in paragraph 2 of this article.

Each Contracting State on the same way shall notify any change of its top

the said determination and marking.



Article 38



Each Contracting State, which requires the use of one or more options

According to the article. 4, art. 6 (1). 2, article. 30 paragraph 2. 2 and 3 and article. 31, it shall inform the

The Ministry of Foreign Affairs of the Netherlands either simultaneously with the imposition of

instruments of ratification, acceptance, approval or accession, or at a later time.



Designations referred to in article 14(2). 6 (1). 2 and the notice referred to in article. 30 paragraph 2. 3 will be

made in the form of notification.



Each State party also in the same way will announce all changes

the above statement, label or designation.



Article 39



The provisions of this Convention shall prevail over the provisions of any bilateral

contracts to which the Contracting States are or become members and which contain

the provisions on the same matters, unless it was between members of these contracts

provided for otherwise.



This Convention shall not preclude the use of other multilateral conventions, or

one or more of the Contracting States are members and which contain

the provisions on the same matters.



Article 40



This Convention shall apply, even if the testator's death occurred before the

before entering into force.



TITLE VIII



Final provisions



Article 41



This Convention shall be open for signature by the States which were members of the Hague

Conference on private international law at the time of the twelfth

meeting.



Convention shall be ratified, accepted or approved and the instruments of

ratification, acceptance or approval shall be deposited at the Ministry of

Foreign Affairs of the Netherlands.



Article 42



Any State which becomes a member after the Twelfth Conference

the meeting or who is a member of the United Nations or some

similar institutions of this organization or a member of the Statute of the international

the Court of Justice, will be able to accede to this Convention after its entry into

Article 14(1). 44. The instrument of accession shall be deposited at the Ministry of

Foreign Affairs of the Netherlands.



Accession will be effective only in the relations between the acceding State and


between the Contracting States within 12 months after the receipt of the notification referred to in

point 3 of the article. 46 against its accession to have a reservation. Such a reservation

also may make each Member State upon ratification, acceptance or

approval of the Convention following the accession. Any such retention shall be

notifikována Ministry of Foreign Affairs of the Netherlands.



Article 43



Each State will be able to when signing, ratifying, accepting, approving or

accession, declare that this Convention shall extend to all the territories

which represents in terms of international relations, or to one or

more of them. This statement will be effective as soon as the Convention enters into

force for that State.



Later extensions of this kind will have to be notified to the Ministry of

Foreign Affairs of the Netherlands.



The extension will be effective in the relations between the Contracting States, which

It raised reservations within 12 months after the receipt of the notification referred to in

article. 46 point 4 and to the territory or territories for which the international relations are

provided by the competent State or which have been the subject of

notification.



Such a reservation may also be raised by each Member State in

ratification, acceptance or approval of, occurring after the extension of the validity period.

These reservations will be notified the Ministry of Foreign Affairs

The Netherlands.



Article 44



This Convention shall enter into force on the first day of the third calendar month after

Save the third instrument of ratification, acceptance or approval referred to in article 14(2). 41

paragraph. 2.



Then, the Convention enters into force



-for each signatory State to the Convention ratifies, accepts or

approve later, the first day of the third calendar month after the deposit of

instruments of ratification, acceptance or approval,



-for any State which accedes to the Convention, the first day of the third

calendar month following the expiry of the period referred to in article 14(2). 42,



-for the territory to which the Convention was extended pursuant to article. 43, first day

the third calendar month after the expiry of the period referred to in this article.



Article 45



This Convention will be in force for five years from the date of entry into force referred to in

article. 44 para. 1 also for States which ratify it or her

they adopt, approve, or accedes thereto later.



The Convention will be tacitly renewed for five years, unless it is terminated.



Notice will be communicated to the notes of at least six months before the expiry of

the five-year period, the Ministry of Foreign Affairs of the Netherlands. The denunciation shall be

may be restricted to certain territories to which the Convention applies.



Notice of termination will be effective only for the State, which it notifikoval. For the other

the States parties to the Convention will remain in force.



Article 46



Ministry of Foreign Affairs of the Netherlands shall notify the Member States of the

The Conference, as well as the States which, in accordance with the provisions of article. 42

accedes to the Convention:



1. signatures, ratification, acceptance or approval referred to in article 41;



2. the date on which this Convention enters into force in accordance with the provisions of article. 44;



3. approaches according to art. 42, and the date, which will become effective;



4. pursuant to article expansion. 43, and the date, which will become effective;



5. reservations to the approaches and the extension referred to in article 14(2). 42 and 43;



6. the labelling, information and a declaration pursuant to article. 37 and 38;



7. the notice referred to in article. 45.



In witness whereof the undersigned, duly authorised thereto, have signed this

the Convention.



Done at the Hague on 2. October 1973 in the French and English languages,

both texts being equally authentic, in a single copy, which

be deposited in the archives of the Government of the Netherlands, and of which a certified copy of the

passed through the diplomatic channel to each State which is a member of the Hague

Conference on private international law from the Twelfth

meeting.



XIII.



Annex to the Convention

International certificate

International Certificate



(The Hague Convention of 2. 10.1973 concerning the International Administration of the

estates)

(Hague Convention of 2. 10.1973 concerning the International

Administration of the Estates of Deceased Persons)



A. the issuing Office

A. The Issuing Authority

1. the State of:

1. Country:



2.-the (name and address of the Office) confirms that:

2.-The (name and address of the authority) certifies that:

or

or

-(name, address and occupation of the person), provided for under article

6 (1). 2, which established the card is validated in the below

Article Ib, confirms that:

-(name, address and capacity of the person) of the designated

According to Article 6, paragraph 2 and whose certificate

is in accordance with the Ib confirmed below certifies that:

B. information about the deceased:

B. Information concerning the deceased:



3. as a result of the death of day...............

kde ....................... koho ...................... 1)

(marital status, gender, date and place of birth

the deceased)

3. following the death on...............................

of ........................................... 1)

(marital status, sex of deceased, date and place of

birth)



4. whose last known address was........................

4. whose last known address was............................



5. nationality was......................... 2)

5. of........................................ 2) nationality



6. whose last permanent home was.....................

(State, city, street)

6. whose last habitual residence was in....................

(State, town, street)



7. which will have/have not submitted to the Office

7. whose will has/has not been produced to the authority



8. (a) the marriage contract concluded day..................

have/have not submitted

8. and whose marriage contract dated.......................

has/has not been presented



(C) the holder of a licence.

(C) the Holder of the certificate.

9. jméno ....................... adresa......................

...................... (person or body)

9. name ........................ address ....................

..................... (of the person or body)



10. is/are entitled to under the law

............... to perform all the tasks relating to the

of all the tangible and intangible movable property

from the estate and to act for the benefit of or on behalf of that

movable property.

or

is/are entitled to under the law

.................... to perform all the tasks relating to the

of all the tangible and intangible movable property from the estate of

and to act for the benefit of or on behalf of this movable majetku3)

with the exception of those negotiations:..............................

10. is/are entitled under..................... law's effect

all acts in respect of all corporeal or incorporeal

movables in the estate and to act in the interest or on

behalf of such movable estate3)

or

is/are entitled under.................... law's effect

all acts in respect of all corporeal or incorporeal

movables in the estate, and to act in the interest or on

behalf of such movable estate3) with the exception of:

...............

and all of the survivor) in respect of assets:...............

and in respect of all) assets:....................

(b) a special survivors ') in respect of the property or

category of the survivor's estate:....................

(b)) in respect of any particular asset or category of assets:

....................

or

or

is/are entitled to under the law

.................... perform tasks as indicated in the attached

seznamu3)

is/are entitled under.................... law's effect

the acts indicated in the annexed schedule3)



D. powers (if any) relating to real estate: 4)

D. Powers, if any, over immovables: 4)



(E) appoint the representative's competence: Yes/No

E. Power to appoint an agent: Yes/No



(F). Other Notes:

(F). Other remarks:



G. expiry date (if provided):

(G) the Date, if any, of the expiry of the powers:



H. date of entry into force of the card (if provided):

(H) the Date, if any, of the entry into force of the certificate:



I. Date and signatures of the card:

I. Date of the certificate and the signatures:



Made out of ... ... ... ... ... ... ... ... ... ... ... ... ...

Drawn up on the .....................................



Signature/stamp of the issuing authority

Signature/seal of the issuing authority

or

or

Signature/stamp) of the person who made the card

and) Signature/seal of the person drawing up the certificate

and

and

(b)) signature/stamp of the authority, has verified the licence

(b)) Signature/seal of the confirming authority

------------------------------------------------------------------

1) for persons living in marriage according to the usages of girls ' mark

name or the name of the other spouse.

1) For married persons, live sports, according to custom, the maiden

name or in the name of spouse.

2) if it is returned to the issuing authority known to the deceased had more than

one nationality, it may also be noted.

2) If the issuing authority knows that the deceased had more than

one nationality, it may indicate them.

3) issuing Office may indicate in what capacity the holder may

the card Act (eg. executor, administrator,

heir).

3) The issuing authority may indicate the capacity in which the

holder of this certificate may act (e. g. executor,

Administrator, heir).

4) see article 30 of the Convention.

4) See Article 30 of the Convention.

For a LIST of

SCHEDULE




The negotiations, which can be performed on the type in the word "no" Individually, together

material or immaterial assets for negotiations

articles of movable heritage and the benefit shall not be allowed.

or in the name of this heritage.

Acts which may be carried out in respect to Put "No" against Severally Jointly

of the corporeal or incorporeal movables acts which the bearer

in the estate, and in the interest or on behalf may not carry out.

of such estate.

---------------------------------------------------------------------------------------------------

Get all the information concerning the assets of the

and liabilities of the estate.

To obtain all information concerning the assets

and debts of the estate.

To learn about all of the wills and other documents

regarding inheritance.

To take cognisance of all wills and other documents

relating to the estate.

Do all the protective measures.

To take any protective measures.

Do all the necessary emergency measures.

To take any urgent measures.

Collect assets.

It collect the assets.

Record debts and issue a valid receipt.

It collect the debts and give a valid receipt.

To conclude and to cancel or modify the contract.

To perform and rescind contracts.

To open, use and to enter into bank accounts.

To open, operate, and close a bank account.

To put confidence into custody.

This deposit.

To organize or my lease.

To let or hire.

To lend.

Lend it.

Borrowing.

Borrow it.

Debit to the pledge.

This charge.

Sell.

It sell.

To operate the business.

That carry on a business.

To exercise the rights of a shareholder.

This exercise the rights of a page.

Do donations.

To make a gift.

To bring suit.

To bring an action.

To defend itself against the lawsuit.

It to defend an action.

To arrange a settlement.

This dialogue and compromise.

To make a deal.

To make a settlement.

Settle the liabilities.

It settle debts.

Zprostiti with links.

It distribute legacies.

Split up the estate.

This divide the estate.

Split the balance.

Distribute the residue behind it.

Other acts. 1)

Any other acts. 1)

A special survivors ' assets

or survivors ' category

the assets in respect of which cannot

could be treated-

and the Special Fund or category)

assets:

(b)) negotiations, which may not be carried out:

Particular assets or categories of assets

in respect of which the acts cannot

be carried out-

and Particular assets) or categories of assets:

b) Acts which may not be carried out:

------------------------------------------------------------------

1) see in particular article 30 of the Convention.

See particular Article 30 of the Convention.



1) record date, provided for in article 44 paragraph 1. 1 of the Convention on the international

administration of estates on 2 December. October 1973, is considered to be the date of 26. April

1993, when the Government of the Kingdom of the Netherlands, depositary of the Convention, received

the Mission of the Slovak Republic about the succession to this Convention.

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