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Article 7 Overeenkomst betreffende onderling strijdige aanspraken op buiten Duitsland gelegen Duitse bezittingen

Deceaseds' Estates, Trusts and other Fiduciary Arrangements under which a German Enemy has an Interest

A Except as provided in Paragraph B of this Article, property within the jurisdiction of a Party, forming part of the estate of a non-enemy person who has died domiciled in the territory of another Party, in which estate a German enemy has an interest whether as a beneficiary or creditor, shall be released from control of the custodian authorities of the former Party with a view to facilitating normal administration of the estate in the territory of the latter Party. Property so released shall be subject to the application of the laws of the releasing Party governing administration and distribution of the deceaseds' estates. When under such laws distribution of the deceased's estate is made directly to the persons who have an interest in the estate, the releasing Party shall take appropriate action to assist in making available to the other Party the distributive share of each German enemy.

B Notwithstanding the provisions of Paragraph A of this Article, where a non-enemy domiciled in the territory of one Party has died owning immovable property in the territory of another Party and an interest in the property devolves upon or is to be distributed to a German enemy under the will of the deceased or under the applicable laws of descent, the interest may be retained by the latter Party, subject to the rights of non-enemy creditors of the deceased or of non-enemy heirs to whom, under applicable law, a portion of the immovable property is reserved.

C This Article shall not apply to any property in the estate of a deceased if the property was administered and distributed before the Party in whose territory the property was located instituted war-time emergency measures applicable to the administration and distribution of the property of the deceased.

D For the purpose of this Article, the domicile of a deceased shall be determined according to the law of the Party within whose jurisdiction the property is located.

Regeling
Overeenkomst betreffende onderling strijdige aanspraken op buiten Duitsland gelegen Duitse bezittingen
Soort
Verdrag
Geldend vanaf
24-01-1951
BWB-id
BWBV0005692
Versie
1951-01-24_0

In de hele regeling · Officiële tekst op wetten.overheid.nl