Decree No. 4 / 1959 Coll.
Decree on the Agreement between the Czechoslovak Republic and the People's Republic of Poland on settlement of outstanding property issues
Valid
Effective from 09.01.1959
4
Decree of the Minister for Foreign Affairs
of 28 January 1959
concerning the Agreement between the Czechoslovak Republic and the People's Republic of Poland on settlement of outstanding property issues
The agreement between the Czechoslovak Republic and the People's Republic of Poland on settlement of outstanding property issues was negotiated in Prague on 29 March 1958.
The National Assembly gave its consent to the Agreement on 11 December 1958 and the President of the Republic ratified it on 15 December 1958. The instruments of ratification were exchanged in Warsaw on 9 January 1959.
Pursuant to Article 10 of the Agreement, the Agreement entered into force on 9 January 1959.
The Czech version of the Agreement is published in the Annex to the Collection of Laws. *)
David v. r.
Annex to Decree No 4 / 1959 Coll., on the Agreement between the Czechoslovak Republic and the People's Republic of Poland on settlement of outstanding property issues
AGREEMENT
BETWEEN THE CZECH REPUBLIC AND THE POLAND REPUBLIC ON THE MANAGEMENT OF UNRELATED PROPERTY QUESTIONS
The President of the Czechoslovak Republic and the State Council of the People's Republic of Poland, in an effort to deal with outstanding property issues from before 9 May 1945 and some property issues from before 9 May 1945, decided to conclude this Agreement and appointed their agents to do so:
President of the Czech Republic
Júlia Děuriš, Minister of Finance,
State Council of the People's Republic of Poland
Dr. Tadeusz Dietrich, Minister of Finance,
who, having exchanged their powers of attorney and found them in good and proper form, agreed on the following provisions:
1. This Agreement shall be settled, as well as in full and finally, all cash claims and claims on other property transactions of legal entities of one Contracting Party against legal entities of the other Contracting Party, where such claims arose before 9 May 1945, excluding claims by natural persons of one Contracting Party against natural persons of the other Contracting Party.
2. (a) Czechoslovak legal entities within the meaning of this Article shall mean the Czechoslovak State, Czechoslovak legal persons, as well as the Constitution and Foundation which have their registered office on the date of signature of this Agreement in the current territory of the Czechoslovak Republic, and Czechoslovak natural persons.
(b) Polish legal entities within the meaning of this Article shall mean the Polish State, Polish legal persons, as well as institutes and foundations which have their registered office on the date of signature of this Agreement in the current territory of the People's Republic of Poland, and Polish natural persons.
3. If, following the establishment of a claim or obligation to change, it has been established in a person entitled or obligated, the legal succession shall be assessed in accordance with the laws of the Contracting Party to which the change relates.
4. The provisions of this Article shall be without prejudice to:
(a) rights conferring rights on repayments (social insurance, copyright and similar rights);
(b) obligations arising out of the rights referred to in point (a) of this paragraph, where such obligations are due after 8 May 1945.
1. They shall also be settled by this Agreement as well as completely and finally disposed of:
(a) all obligations of the Polish State relating to claims arising from measures taken by the date of signature of this Agreement under the Polish nationalisation, expropriation or any other property right of withdrawal or restriction of the laws and regulations affecting Czechoslovak property, rights and interests in the current territory of the People's Republic of Poland;
(b) all obligations of the Czechoslovak State relating to claims arising from measures taken by the date of signature of this Agreement under the Czechoslovak nationalisation, expropriation or any other property right of withdrawal or restrictive law affecting Polish property, rights and interests in the current territory of the Czechoslovak Republic.
2. Polish assets, rights and interests shall be considered as Polish assets, rights and interests within the meaning of this Article, the property, rights and interests of the Polish State and of the Polish natural and legal persons having such status on the date on which the Czechoslovak Republic took such measures and which - or their legal successors - on the date on which this Agreement was signed.
3. Within the meaning of this Article, the assets, rights and interests of the Czechoslovak State and of the Czechoslovak natural and legal persons who had this status on the date on which the People's Republic of Poland took such measures and which - or their legal successors - have this status on the date on which this Agreement was signed shall be regarded as Czechoslovak property, rights and interests.
1. Real estate and other property, as well as property rights left by Polish citizens in the Czechoslovak Republic, are transferred to the property of the Czechoslovak Republic according to:
(a) the Protocol of 18 September 1948 between the Czechoslovak Republic and the Republic of Poland on the resettlement of persons of Polish nationality from around Humenné; and
(b) the Protocol of 5 May 1949 between the Czechoslovak Republic and the Republic of Poland on the resettlement of Polish nationals from eastern Slovakia to Poland.
2. Any claims relating to resettlement under those Protocols shall be recognised as having been destroyed and fully settled and those Protocols for the implementation of this Agreement and as having been terminated.
The obligations of the legal entities of both Contracting Parties referred to in Articles 2 and 3 of this Agreement relating to the assets, rights and interests to which the provisions of these Articles apply shall be deemed to be fully settled.
1. They shall be further settled by this Agreement and shall be completely and finally disposed of:
(a) any claims arising from the Convention of 21 September 1945 between the Czechoslovak Republic and the Republic of Poland on repatriation, as well as any other claims relating to assistance in the repatriation and transport of Czechoslovak and Polish citizens and claims of a similar kind; all arrangements for this shall be deemed to have disappeared;
(b) any claims arising from the Arrangement of 12 February 1946 between the Czechoslovak Republic and the Republic of Poland on the reciprocal issue of assets carried away after the beginning of the war, as well as claims arising from the implementation of the Arrangement; that arrangement shall be deemed to remain valid only in respect of cultural and archive material; on the other hand, this Arrangement shall cease to apply to the other extent;
(c) claims for the return of railway vehicles and claims resulting from their use, unless they are already settled and disposed of in accordance with the preceding paragraph, excluding cases covered by the Railway Administration arrangements for the use of wagons in international transport, starting with an arrangement in force on 1 April 1948;
(d) claims arising out of the agreement concluded on 29 May 1945 between the Czechoslovak Republic Embassy in Warsaw and the Ministry of Foreign Affairs of the Republic of Poland on the reciprocal granting of credit to the representative offices of both states.
2. The two Contracting Parties shall return to each other securities which have been introduced from the territory of one Contracting Party after the start of the war into the territory of the other Contracting Party, if they can be found, except those which are subject to surrender pursuant to Article 6 of this Agreement.
1. In the framework of the implementation of this Agreement, the Czechoslovak Republic shall forward to the People's Republic of Poland all securities issued by the Polish State and Polish legal persons governed by public law or by private law - based in the current territory of the Polish People's Republic - as well as any other documents and documents relating to the obligations, assets, rights and interests settled and disposed of by this Agreement, provided that, at the date of signature of this Agreement, they are the property of the Czechoslovak State or Czechoslovak natural and legal persons residing or having their registered office in the current territory of the Czechoslovak Republic.
2. In the framework of the implementation of this Agreement, the People's Republic of Poland shall forward to the Czechoslovak Republic all securities issued by the Czechoslovak State and the Czechoslovak legal persons domiciled in the current territory of the Czechoslovak Republic, as well as, as far as possible, other documents and documents relating to the obligations, assets, rights and interests settled and disposed of by this Agreement, provided that, on the date of signature of this Agreement, they are the property of the Polish State or of the Polish natural and legal persons domiciled in the current territory of the Polish People's Republic.
The assets, rights and interests of natural and legal persons of one Contracting Party in the territory of the other Contracting Party, unless they fall under the provisions of this Agreement, shall remain in the free disposal of those natural and legal persons under the applicable legislation.
1. The competent authorities of one Contracting Party, as well as its natural and legal persons, have the right to refuse to discuss the claims of the other Contracting Party and its natural and legal persons, provided that such claims have been settled and disposed of by this Agreement.
2. The Parties shall, as appropriate, amend, by their internal rules, the matters covered by this Agreement.
The two Parties shall assist each other in order to establish the rights and obligations which are being liquidated by this Agreement.
This Agreement shall be subject to ratification. It shall enter into force on the date of the replacement of the instruments of ratification to be implemented in Warsaw.
This Agreement was drawn up in Prague on 29 March 1958 in duplicate, each in the Czech and Polish languages, the two texts being equally authentic.
To prove it, the appointed agents signed this agreement and attached seals to it.
Under the authority of the President
Czech Republic
J. Děuriš v. r.
Under the authority of the State Council
Republic of Poland
Dr Dietrich v. r.
On page 1.
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Regulation Information
| Citation | Decree No. 4 / 1959 Coll., on the Agreement between the Czechoslovak Republic and the People's Republic of Poland on settlement of outstanding property issues |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.02.1959 |
|---|---|
| Effective from | 09.01.1959 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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