Contracting Parties and Signatories to this Convention that are also Members of the HCCH (i.e., the Organisation) are in bold; Contracting Parties and Signatories that are not Members of the HCCH are in italics.
| Contracting Party | S 1 | R/A/S2 | Type3 | EIF4 | EXT5 | Auth6 | Res/D/N/DC7 |
|---|---|---|---|---|---|---|---|
| Czech Republic | 1-I-1993 | Su | 1-VII-1993 | D 31 | |||
| Italy | 6-II-1975 | ||||||
| Luxembourg | 2-X-1973 | ||||||
| Netherlands | 2-X-1973 | ||||||
| Portugal | 10-X-1973 | 22-IV-1976 | R | 1-VII-1993 | D 5,6,8,10,30,31 | ||
| Slovakia | 1-I-1993 | Su | 1-VII-1993 | D 31,43 | |||
| Türkiye | 29-IX-1976 | D 30 | |||||
| United Kingdom of Great Britain and Northern Ireland | 2-X-1973 |
Type
Czech Republic Type Succession
On 28 January 1993, the Czech Republic declared itself to be bound by the Convention — including reservations and declarations made by Czechoslovakia — as of 1 January 1993, date of the division of Czechoslovakia.
Slovakia Type Succession
On 15 March 1993, the Slovak Republic declared itself to be bound by the Convention — including reservations and declarations made by Czechoslovakia as well as objections by Czechoslovakia in respect of reservations made by other Treaty Parties — as of 1 January 1993, date of the division of Czechoslovakia. The declaration of continuity of the Slovak Republic was received by the depositary of the Convention on 26 April 1993. Consequently in accordance with Article 44, paragraph 1, the Convention entered into force for the Slovak Republic, the Czech Republic and Portugal on 1 July 1993.
Res/D/N
Czech Republic Articles Declarations
28-01-1993
The Czech Republic maintains the declarations made by Czechoslovakia.
06-06-1995
By Note of 31 May 1995, received on 6 June 1995, the Embassy of the Czech Republic at The Hague informed the Ministry of Foreign Affairs of the Kingdom of the Netherlands of the withdrawal by the Czech Republic of the declaration pertaining to Article 43 made upon signature and ratification of the Convention.
04-04-1975
(Translation)
With reference to article 31 of the Convention on the international administration of the estates of deceased persons concluded in The Hague on 2 October 1973, the Socialist Republic of Czechoslovakia declares that for the purposes of and subject to the conditions set out in article 3, Czechoslovakian law will be applied if the deceased is one of its nationals in order to designate the holder of the certificate and indicate his powers.At the same time, in connection with article 43 of the Convention, which grants States the right to declare that the Convention shall extend to the territories for the international relations of which they are responsible, the Socialist Republic of Czechoslovakia declares that keeping certain countries in a state of dependence is in its opinion contrary to the spirit and objectives of the United Nations Declaration of 14 December 1960 on the granting of independence to colonial countries and peoples, which declares the necessity for a speedy and unconditional end to colonialism in all its forms.
20-10-1976
In adopting this Convention, we declare that the Socialist Republic of Czechoslovakia will not recognise, either in whole or in part, the powers relating to immovable property situated on its territory granted in accordance with article 30 of the Convention. With reference to article 31 of the Convention, we declare that for the purposes of and subject to the conditions set out in article 3, Czechoslovakian law will be applied if the deceased is one of its nationals in order to designate the holder of the certificate and indicate his powers.
In connection with article 43 of the Convention on the international administration of the estates of deceased persons concluded in The Hague on 2 October 1973, which grants States the right to declare that the Convention shall extend to the territories for the international relations of which they are responsible, the Socialist Republic of Czechoslovakia declares that keeping certain countries in a state of dependence is in its opinion contrary to the spirit and objectives of the United Nations Declaration of 14 December 1960 on the granting of independence to colonial countries and peoples, which declares the necessity for a speedy and unconditional end to colonialism in all its forms.
Portugal Articles Declarations
Art. 37, par. 1, 2, 3:
"1) para o efeito do artigo 5° , e parágrafo 1° . do artigo 6° ., as autoridades designadas em Portugal são, para o primeiro caso, o Procurador-Geral da República e, para o segundo caso, o juíz do respectivo processo, quando tiver sido instaurado inventário ou, em caso negativo, os notários;
2) para o efeito do artigo 8° ., as informações aí previstas podem ser obtidas directamente junto da autoridade competente para a emissão do certificado, mediante solicitação feita por escrito;
3) para o efeito do artigo 10° ., Portugal declara subordinar o reconhecimento do certificado a um processo judicial, a instaurar perante o tribunal competente segundo as regras da lei processual civil portuguesa.
Art. 38:
"a) com referência aos parágrafos 2° . e 3° . do art° . 30° ., Portugal declara que reconhece os poderes contidos em certificado passado em país estrangeiro sobre imóveis situados em Portugal, em medida idêntica aos poderes que os portugueses detêm sobre imóveis, salvo falta de reciprocidade quanto aos portugueses, nos termos do artigo 14° . do Código Civil;
b) para os fins e nas condições do artigo 3° . declara-se, de harmonia com o disposto no artigo 31° ., que, no caso de o falecido ser português, será aplicada a lei portuguesa para designar o titular do certificado e indicar os seus poderes."
(Translation)
Declarations referred to in Article 37, paragraphs 1, 2 and 3:
1. For the purposes of Article 5 and Article 6, paragraph 1, the designated authorities in Portugal shall be, in the first instance, the Attorney-General of the Republic and, in the second instance, in cases where an inventory has been taken the presiding judge and, in any other case, notaries.
2. For the purposes of Article 8, the information specified in that Article may be obtained direct from the authority competent to issue the certificate providing that the request is made in writing.
3. For the purposes of Article 10, Portugal declares that recognition of the certificate shall depend upon judicial proceedings brought before the competent court according to the rules of Portuguese procedural law.
Declarations referred to in Article 38:
(a) Pursuant to Article 30, paragraphs 2 and 3, Portugal declares that it recognizes the powers contained in certificates issued in foreign countries relating to immovables situated in Portugal, in so far as they correspond to the powers possessed by Portuguese nationals over immovables, except where reciprocity has not been extended to Portuguese nationals in accordance with the provisions of Article 14 of the Civil Code.
(b) For the purposes of and subject to the conditions set out in Article 3, Portugal declares, in accordance with Article 31, that where the deceased was a Portuguese national Portuguese law shall be applied in order to designate the holder of the certificate and to indicate his powers.
Slovakia Articles Declarations
Declarations made by the former Czechoslovakia:
(Translation)
The Socialist Republic of Czechoslovakia declares, with reference to Article 31 of the Convention concerning the International Administration of the Estates of Deceased Persons, concluded at The Hague on October 2, 1973, that for the purposes of, and subject to, the conditions set out in Article 3, the laws of Czechoslovakia shall be applied in order to designate the holder of the certificate and to indicate his powers if the deceased was a national of Czechoslovakia.
Moreover, the Socialist Republic of Czechoslovakia declares in connection with Article 43 of the Convention according to all States the right to declare that the Convention shall be applicable to all territories for the international relations of which it is responsible, that keeping certain countries in a state of dependence is in its opinion contrary to the spirit and objectives of the United Nations Declaration of 14 December 1960 on the granting of independence to colonial countries and peoples, which declares the necessity for a speedy and unconditional end to colonialism in all its forms.
Ratification under similar declaration as made upon signature and with the following declaration:
(Translation)
In adopting this Convention we declare that the Socialist Republic of Czechoslovakia does not recognize in whole or in part the powers, relating to immovables situated within its territory, issued in conformity with Article 30 of the Convention.
Türkiye Articles Declarations
"A) The power of drawing up of the international certificate as envisaged in the Convention shall be given to the Justice of the Peace, for, according to the Turkish legislation the Justice of the Peace is authorized to administer the estates of deceased persons and to issue the certificate of inheritance.
B) The provision in Article 30 of the Convention which gives powers over immovables to the holder of the certificate, shall not be recognized by the Republic of Turkey with the purpose of not damaging the established principles of the Turkish Private International Law which have been strengthened by bilateral agreements."