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.
