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Convention Between Norway, Denmark, Finland, Iceland And Sweden About Bankruptcy

Original Language Title: Konvensjon mellem Norge, Danmark, Finnland, Island og Sverige om konkurs

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Prevention of Norway, Denmark, Finnland, Iceland and Sweden about bankruptcy.

Date LOV-1933-11-07
Ministry of The Justis and the Department of Emergency
Last modified LO-1982-10-11 from LAW-1986--05-01 .
Published
Istrontrecation
Changing
Announcement
Card title Nordic bankruptcy control

The Convention is ratified for Norway's person. 12 jan 1934 The 5 signatars ratification documents blev deposited in Copenhagen 29 June 1934. The Convention stepped out of ikr. 1 jan 1935 Jf. kkl. SECTION 161. The modification agreement with reservations about ratification was signed 11 oct 1982, and ratified 10 jan 1986. The change agreement entered ikr. for Denmark, Finland and Sweden 1 May 1983, for Norway 1 May 1986. The changes are taken in Overmissions with alien states 1986 ' s 112-115.

Art 1.Concourse that has been opened in one of the contrathersome states shall also include the guilt of guilt in the other states.

With regard to such fortune uses, if nothing else is determined in the following articles, those in the first mentioned state current legislature if they are narrowing the bankruptcy of guilt over their fortune, if head there belongs to the book mass or resettlement can be dragged in the mass, about the rights of guilt and duties during the bankruptcy, about the management and treatment of the estate, about foraging and other rights havenes, about the discharges, about the soldering and about closure of the bankruptcy.

Formueitems that efforaging the law in the state where they exist, at all, cannot serve until the county's decision by the formugants, cannot be dragged into the estate.

Art 2.Is there in one of the states opened a bankruptcy that encompasses fortune in the nogen of the other states, should the bankruptcy board of directors without op-hold announce the bankruptcy decision resettlement in the public announcement of this state. Overcoming with where current law, the Board should also provide the tingylation or entry into the founding of the book, the ski register or other public register.

The sign of the sign of bankruptcy should, as soon as the spoon can, be sent to all known foresters in the other states of the other states are hardly taken into consideration without the review. The foraging of the other states shall be underdirected about the objections that are raised against their accounts receivable.

The Art 3.Domchairs of the counterherding states shall be efforting the board of directors of a bankruptcy living in one of the other states ensuring the registration of formatartifacts that exist in the country, for temporary preservation of the artefacts and for sale of items such as not expedient allowing the silopto.

By the way, a bankruptcy bo can control with respect to objects that exist in a different state than the one where the bankruptcy is opened, demanding assistance by the government in the same case as the Board of Direccies of a domestic bankruptcy.

The petition can be corrected immediately to the person's authority. The reductions can, if the preemergency, are required paid upfront.

The written pieces that are authored in Finnish or Icelandic shall be accompanied by confirmed translation into Danish, Norwegian or Swedish.

Art 4. Questions about whether or entry into foundations are necessary for legal action as the accusation before the bankruptcy has made the person fixed property with accessories, shall have validity of the bankruptcy, and questions about recast of such legal action, is decided after the law of the state where the property is located. The same goes for questions about whether or not the thing about the bankruptcy of bankruptcy is necessary to prevent legal action from acting as the accusation under the bankruptcy of conduct with respect to such property, shall be effective for the estate. The corresponding questions that the person registered ships, ships under construction, aircraft or party in such is settled by the law in the state where the vessel is registered.

If tinglysing, registration or other announcement is required by law in one of the states that overtures or undermortgage of other vaginear than mentioned in the first clause shall have the validity of the bankruptcy, the law in this state shall be applied to questions of such a court of law are invalid or ombicious, if the item exists there at the bankruptcy of bankruptcy.

Questions about the bankruptcy effect on the right that are acquired at the outlay or outpanting are determined by the law in the state where the business is held.

0 Modified on change agreement 11 oct 1982 with effect for Norway from 1 May 1986.
Art 5. Questions about mortgage-led right to under the bankruptcy to seek coverage of the mortgage will be decided on the rule of law in the state where the panted exists at the bankruptcy of bankruptcy. This provision gets the equivalent of the inquiry into question of coverage reem recautions.

The course's impact on the adhall to continue compultaliation in accordance with the issue of the issue or the mortgage is determined by the law in the state where the business has been held.

Art 6. The procedures of sale of formaseobjects that belong to the bankruptcy estate are determined by the law in the state where the artefacts exist.
Art 7.Questions about a foraging have front-level coverage of specific items that at the bankruptcy of the bankruptcy exist in another of the states, and questions about the order between shonest forestage courses, panterafter and other safety courses in such objects is decided after the law of the state where the artefacts exist at the bankruptcy opening. The ones here mentioned candid rights go in front of the common front of the front of the ordinary.

Without the obstacle of the first clause applies in Norway, Denmark, Finland and Sweden for the forestage rights of ships and ships under the construction of the respective countries of the respective countries. The same applies to other effect in relation to the third person.

Questions about reductions for taxes and other public fees imposed on a different one of the states than the one where the bankruptcy is opened, is decided after the law in the state where they are imposed. Is the front-stage court especially, the order is determined after the first clause. Is the average, covered the claim of fortune in the state where the tax or tax is imposed by the deductions of a portion of the Boets intersearch and bankruptcy receiverts with ordinary predation except taxes and other public fees. The share to be drawn from is determined after the relationship between the assets of the state in which the tax or toll is imposed and the bankruptcy of the state of the state. Whether the order between ordinary forestage rights for taxes and the candid rights mentioned in the first clause shall apply without the obstacle of what there is determined, the law of the state where the tax is imposed.

0 Modified on change agreement 11 oct 1982 with effect for Norway from 1 May 1986.
Art 8.For as far as the applicability of the anchors depends on where a formating object exists, a foraging belonging to the bankruptcy of the bankruptcy is considered to be in the state where the bankruptcy is opened. Is the promotion associated with debt letter or other document as it is necessary to prescribe to be able to do the current, it is still considered to be in the state of the state where the document exists.

Registered ships, ships under construction or aircraft are considered to be in the registration state, still not by the applicability of Article 6.

0 Modified on change agreement 11 oct 1982 with effect for Norway from 1 May 1986.
Art 9.This Convention is not going to the inquiry into question whether a bankruptcy bo's right or duty to three into one of the guilt-ended deal that is not completely op-filled from both sides at the bankruptcy of bankruptcy.
Art 10.For recognition and consummation of judgement or settlement of recast or discharges of judicial charges due to a bankruptcy that has been opened in one of the states, applies to the law in the state where recognition or consummation is desired.

A judicial decision by which a court in one of the states is confirming a chord in bankruptcy, shall have binding effect also in the other states.

These regulations come to the Applicability without regard to whether the bankruptcy involves fortune in one or more of the states.

The Art 11.provisions of the Convention on ships and ships under construction also apply to things that without being ships or ships under construction, are registered in the shipbuilding or shipbuilding registry of an agreement test.

The provisions of the Convention on Aircraft also apply to spare parts that are becumbered along with the aircraft.

0 Modified on change agreement 11 oct 1982 with effect for Norway from 1 May 1986.
Art 12.This Convention also comes to the Applicability of the public liquidation of banks provided the liquidation of the law in the state where the bank has its seat, excludes bankruptcy treatment.

The announcement that article 2 prescribe should contain the signify that the liquisation is of the species that it is being retaken by the Convention.

Art 13 Opens's bankruptcy in agreement testing over guilt that has not or by his death did not have residence in the state, or over legal person who does not have his seat there, this is supposed to be informed in the bankruptcy decision. In that case, the Convention does not come to the Applicability of the bankruptcy. This one can be continued without the obstacle of a later opened bankruptcy in another of the states.
0 Modified on change agreement 11 oct 1982 with effect for Norway from 1 May 1986.
The Art 14.Expression a bankruptcy of the region also includes in this convention also the bankruptcy court (the bankruptcy court) and the bankruptcy judge.
Art 15.A public chord negotiation that has been opened in one of the states, excludes opening of bankruptcy and chord negotiation in the other states and entails where the same pernishing in the adhall of forced consummation as an inductable chord negotiation.

The head of the chord negotiation to the staus of the chord, this is supposed to be binding also in the other states. The rules on recast of public chord negotiation that apply to the state of the state where the chord was reached, get the Applicability for so far-only applies to objects in the other states. Article 4 still gets the equivalent of the Applicability for items that there mentioned.

The provisions of the articles 2, 10 and 13 are given the equivalent of the Applicability.

0 Modified on change agreement 11 oct 1982 with effect for Norway from 1 May 1986.
Art 16.Is the petition for bankruptcy or chord negotiation reached the court before the Convention of the Convention, the Convention does not come to the Applicability. The Art 17.Convention shall be ratified, and the ratification documents shall be deposited in the Danish Foreign Ministry's archive as soon as happen can.

The Convention takes effect the ratification of the ratification states on 1 January or on 1 July that occurs when three months is the factor that at least three of the states have deposited their ratification documents. In relation to subsequent ratification states, the Convention in effect on January 1 or the 1 July that occurs when three months is the process of the deposits of the ratification document.

Any of the states can in relation to each of the other say op Convention with a due date of one year to op-hear the subsequent 1 January or 1 of July.