Decree of the Minister for Foreign Affairs No. 51 / 1961 Coll.
Decree of the Minister for Foreign Affairs on the Agreement on the adaptation of certain open financial and property issues between the Czechoslovak Socialist Republic and the Romanian People's Republic
Valid
Effective from 24.03.1961
51
DECLARATION
Minister for Foreign Affairs
of 23 May 1961
on the Agreement adjusting certain open financial and property issues between the Czechoslovak Socialist Republic and the Romanian People's Republic
On 3 August 1960, an Agreement was signed in Bucharest to modify certain open financial and property issues between the Czechoslovak Socialist Republic and the Romanian People's Republic.
The Agreement was approved by the National Assembly on 15 December 1960 and ratified by the President of the Republic on 22 March 1961. The instruments of ratification were exchanged in Prague on 24 March 1961.
Pursuant to Article 9 thereof, the Agreement entered into force on 24 March 1961.
The Czech version of the Agreement is hereby published at the same time.
David v. r.
AGREEMENT
on the adjustment of certain open financial and property issues
between
Czechoslovak Socialist Republic and Romanian People's Republic
President of the Czechoslovak Socialist Republic and Presidium of the Grand National Assembly of the Romanian People's Republic
seeking to address outstanding financial and property issues arising from measures taken to strengthen the socialist economy of both countries, as well as certain other open financial and property issues;
in the spirit of mutual friendship and further development of cooperation between the two countries;
have decided to conclude this Agreement and to this end have appointed their agents:
President of the Czechoslovak Socialist Republic
Dr Ivan Rohaľa - Iľkiva,
the extraordinary and authorised Ambassador of the Czechoslovak Socialist Republic to the People's Republic of Romania;
The President
Iona Craiu,
Deputy Minister of Finance;
who, having exchanged their powers of attorney and found them in good and proper form, agreed on the following provisions:
By this Agreement, both Parties declare that they have finally been liquidated and fully settled:
claims and claims of all kinds of Czechoslovak State and Czechoslovak legal and physical persons against Romanian State and Romanian legal persons, as well as claims and claims of all kinds of Czechoslovak State and Czechoslovak legal persons against Romanian physical persons;
claims and claims of all types of Romanian State and Romanian legal and physical persons against the Czechoslovak State and Czechoslovak legal persons, as well as claims and claims of all kinds of Romanian State and Romanian legal persons against Czechoslovak physical persons,
where such claims and claims arose before 31 December 1948 and in the absence of claims and claims which arose between the socialist undertakings of the two Contracting Parties.
This Agreement does not provide for claims and claims by Czechoslovak physical persons against Romanian physical persons, as well as claims and claims by Romanian physical persons against Czechoslovak physical persons; such claims and claims may be settled directly between creditors and debtors in agreement with the laws in force in each country.
The provisions of this Article shall be without prejudice to the rights to be redeemed (for example, copyright), as well as to cash and other claims arising from such rights, if they are due after 31 December 1948.
The claims and claims disposed of by this Article shall concern only legal and physical persons who are present at the date of signature of this Agreement under the legislation of the Contracting States.
The Czechoslovak Party shall waive all claims arising up to the date of signature of this Agreement from any measure of nationalisation, land reform, expropriation decrees, as well as any other legal measures which have affected (limited or withdrawn) the property, rights and interests of the Czechoslovak State and Czechoslovak legal and physical persons in the People's Republic of Romania.
The Romanian Party shall waive all claims arising until the date of signature of this Agreement from any measure of nationalisation, land reform, expropriation decrees, as well as any other legal measures which have affected (limited or withdrawn) the property, rights and interests of the Romanian State and Romanian legal and physical persons in the Czechoslovak Socialist Republic.
The property, rights and interests, as liquidated by this Article, shall be deemed to be the property, rights and interests of legal and physical persons present at the date of signature of this Agreement under the legislation of the Contracting States.
Land and buildings in the Romanian People's Republic, belonging to persons who have moved to the Czechoslovak Socialist Republic under the "Protocol concluded between the Republic of Czechoslovakia and the Kingdom of Romania on the transfer of persons of Czech and Slovak nationality from Romania to Czechoslovakia 'of 10 July 1946, unless they have entered the Romanian State under Romanian legal measures or otherwise have been incorporated into the Socialist sector, their owners may be disposed of by sale, donation, etc. The amounts obtained by the sale shall be transferred in the manner provided for in Article 5 of this Agreement.
This Agreement shall be deemed to have settled claims of all kinds concerning the property of former Czech and Slovak organisations which have been disposed of in connection with the resettlement pursuant to the abovementioned Protocol.
The provisions of this Article replace the Convention which was to form an integral part of the "Protocol concluded between the Republic of Czechoslovakia and the Kingdom of Romania concerning the transfer of persons of Czech and Slovak nationality from Romania to Czechoslovakia 'of 10 July 1946.
Land and buildings in the Czechoslovak Socialist Republic belonging to Romanian legal and physical persons, if they have not entered the ownership of the Czechoslovak State by the date of signature of this Agreement, may be disposed of by their owners by sale, donation, etc. The amounts resulting from the sale shall be transferred, where requested, in the manner provided for in Article 5 of this Agreement.
Land and buildings in the People's Republic of Romania belonging to Czechoslovak legal and physical persons, unless they have entered into the ownership of the Romanian State by the date of signature of this Agreement under Romanian legal measures (except for the land and buildings of those physical persons who have been resettled under the "Protocol concluded between the Republic of Czechoslovakia and the Kingdom of Romania on the transfer of persons of Czech and Slovak nationality from Romania to Czechoslovakia 'of 10 July 1946, the property rights of which are dealt with in Article 3 of this Agreement may be disposed of by their owners of sales, donation, etc. The amounts resulting from the sale shall be transferred, where requested, in the manner provided for in Article 5 of this Agreement.
The amounts in respect of monetary institutions located in both countries on the date of entry into force of this Agreement arising from previous divestments of real estate by persons referred to in Article 3 of this Agreement and paragraphs 1 and 2 of this Article shall also be transferred in accordance with the procedure laid down in Article 5 of this Agreement.
The settlement of the amounts resulting from the liquidation of the assets referred to in Articles 3 and 4 of this Agreement shall be carried out under general compensation.
The technical arrangements for implementing the provisions of this Article shall be agreed between the national banks of both countries.
The Czechoslovak Party shall forward to the Romanian Party all securities (bonds, shares, bonds) issued by the Romanian State and Romanian legal persons, as well as any other original documents and documents relating to the assets, rights and interests settled and disposed of by this Agreement, if they are held by the Czechoslovak State or by Czechoslovak legal and physical persons established or resident in the territory of the Czechoslovak Socialist Republic.
The Romanian Party shall forward to the Czechoslovak Party all securities (bonds, shares, bonds) issued by the Czechoslovak State and Czechoslovak legal persons, as well as any other original documents and documents relating to the assets, rights and interests settled and disposed of by this Agreement, provided that they are held by the Romanian State or by Romanian legal and physical persons having their registered office or residence in the territory of the Romanian People's Republic.
The terms and time of the transfer of these securities shall be agreed by the Czechoslovak and Romanian National Bank of the People's Republic of Romania.
The Contracting Parties shall provide each other with all assistance in order to establish rights and obligations which are definitively disposed of and settled by this Agreement.
The Contracting Parties undertake to provide each other with all possible assistance in cases where a claim covered by this Agreement is exercised by a third party or through a third party (State, its authorities or legal and physical persons).
Each Contracting Party shall, as appropriate, amend its internal rules on matters covered by this Agreement.
The Contracting Parties in the implementation of this Agreement shall: The agreements will take into account the effects of monetary reforms that have been made in both countries following their liberation.
This Agreement shall be completely terminated:
any claims by the Czechoslovak State and the Romanian State for expenses incurred in connection with assistance granted in the repatriation of Czechoslovak and Romanian nationals between 1945 and 1947;
mutual claims for the return of railway vehicles under the "Convention on the Reciprocal Return of Vehicles', signed in Belgrade on 10 October 1947, as well as claims arising from the use of such vehicles. At the same time, the Contracting Parties make a promise that, if vehicles of the other State which were the subject of the aforementioned Belgrade Convention are discovered in the territory of one State in the future, they will be returned on their own accord.
This Agreement is subject to ratification and will enter into force on the date of exchange of instruments of ratification to be implemented in Prague.
This Agreement was drawn up in Bucharest on 3 August 1960 in duplicate, each in the Czech and Romanian languages, the two texts being equally authentic.
To prove it, the appointed agents signed this agreement and attached seals to it.
For the Czechoslovak Socialist Republic:
Dr Rohaž v. r.
The President
Iona Crain v. r.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No 51 / 1961 Coll., on the Agreement on the adaptation of certain open financial and property issues between the Czechoslovak Socialist Republic and the Romanian People's Republic |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.06.1961 |
|---|---|
| Effective from | 24.03.1961 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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