Imágenes de páginas
PDF
EPUB

In case these consuls should exercise a trade, or carry on an industry or a profession, they shall on this account be subject to the same taxes, charges and impositions as the rest of the population.

The prerogatives and exceptions mentioned under paragraph 1 of this article shall likewise be granted to the consular employes if they are citizens and effective employes of the contracting party appointing them.

It is understood that no consul or consular employe is to be exempt from the payment of imposts on real estate he might own, or on capital he might have invested in industrial or commercial enterprises in the country where he resides.

The consuls general, consuls and vice-consuls as well as employes referred to in paragraph 3 of this article shall be authorized, upon moving to the territory of the other contracting party, to enter, without the payment of customs dues, their furniture and household effects that they may already have used. This stipulation does not apply to articles for consumption.

ARTICLE 5 Consular functionaries (see Art. 1), if they are citizens and regular functionaries of the contracting party appointing them, and also the employes mentioned under paragraph 3 of Article 4, provided these functionaries and employes do not engage in any trade or exercise any industry or profession, shall not be compelled to appear as witnesses before the courts of the country where they reside.

When the local courts are to receive any deposition from them, the said courts must go to their domicile or chancellery, or delegate for that purpose a functionary competent, after having heard their oral declarations, to draw up the proper procès-verbal, or else request from them a written declaration.

The said functionaries and consular employes are obliged to comply without any unjustifiable delay with the wishes of the authorities within the period or on the day and hour specified by the latter.

ARTICLE 6

The consuls general, consuls and vice-consuls, if they are citizens and regular functionaries of the contracting party naming them, and the employes mentioned under paragraph 3 of Article 4, shall enjoy personal immunity and can neither be arrested nor imprisoned, unless it is on account of a violation of the law, which, according to the laws of the country where it was committed, is subject to a penalty of imprisonment for one year or more.

ARTICLE 7 Consular functionaries may place on the front of the building where the consular chancellery is located, their official coat of arms with an inscription indicating their official position.

On days of public solemnity, as well as on other customary occasions, they may hoist the official flag over the house where the chancellery is, unless they reside in the same city with the diplomatic mission of the contracting party appointing them. Likewise, they may hoist their official flåg over vessels they might board in the exercise of their functions.

It is understood that these external marks may never be interpreted as constituting a right of asylum.

ARTICLE 8

The consular archives shall at all times be inviolable, and the local authorities may not, under any pretext and in no case, examine or seize the papers composing these archives.

These papers must always be kept separated from the books or papers relating to the commerce or to the industry or to the profession exercised by the respective consular functionaries.

ARTICLE 9

In case of incapacity, absence or death of the consular functionaries, the employes associated with these functionaries who shall have been previously presented in their official capacity to the respective authorities, shall of right be admitted to exercise the functions inherent in the particular office. The local authorities may not interfere; on the contrary, they must offer all aid and assistance prescribed in favor of the respective officers by the present convention.

ARTICLE 10

In the exercise of their functions, the consular functionaries may address themselves to the competent local authority to enter protest against any violation of the treaties or conventions in force between the contracting parties, and to protect the rights and the interests of their fellow-citizens residing in any part of their sphere of activity. If their protests are not acted upon, they may invoke the intervention of their diplomatic agent.

ARTICLE 11

The consular functionaries, as well as their chancellors and secretaries, shall have the right to receive in their chancelleries, at the domicile of the parties and on board the vessels of their country, any declarations which the captains, the crew and the passengers, or the merchants or any other citizens of their country may wish to make.

They shall likewise be authorized to receive:

(1) Testamentary dispositions of their fellow-citizens and any civil status act concerning them, to which it may be desired to give authentic form

(2) All written and contractual acts entered into between the latter and other persons, citizens of the contracting party within whose territory they exercise their functions, as well as any contractual act concerning the latter only; provided, of course, that the above mentioned acts relate to property situated or to affairs to be executed within the territory of the contracting party appointing the said functionaries.

The declarations and certifications contained in the acts referred to above, which may have been authenticated by the said functionaries and bear their official seal, shall, within or without the courts of justice, within the territory of the contracting parties and as far as the laws of these parties permit, have the same force and effect as if these acts had been entered into before public officers of either of the contracting parties; provided that these acts are drawn up according to the forms required by the laws of the contracting parties appointing the consular functionaries and have afterward been subjected to all the formalities governing the matter in the country where the act is to be carried out. It is well understood that these acts are subject to the stamp and registration fees in the country where they are carried out, in accordance with the laws and usages of that country. In case any doubt should arise concerning the authenticity or the copy of a public act registered at the chancellery of a consular authority, comparison between the copy and the original may not be refused the interested party who may make such a request, and he may be present, if he thinks proper, when the comparison is made.

The consular functionaries may legalize any kind of documents originating from the authorities or functionaries of their country and have translations of them made, while within the territory of the contracting party where they exercise their functions, and they shall have the same force and effect as if they had been made by the sworn interpreters of the country. In addition, they shall have the right to issue and to visé passports, bills of health, certificates declaring the origin of merchandise and other similar acts for the use of their fellowcitizens.

ARTICLE 12 Each of the contracting parties pledges itself to grant to the other in regard to establishing consular offices, as well as in all matters relating to the enjoyment of exemptions, prerogatives, immunities, privileges and honors, the treatment of the most favored nation.

Neither of the contracting parties may, however, invoke this treatment to demand in favor of its functionaries and consular employes exemptions, prerogatives, immunities, privileges and honors other or greater than those granted by itself to the functionaries and consular employes of the other party.

ARTICLE 13

Differences that might arise concerning the interpretation or the execution of the present convention or the consequences of the violation of any of its stipulations shall, when all available means for settling them by an amicable arrangement are exhausted, be settled by arbitration in accordance with the principles established in the convention for the pacific settlement of international disputes concluded at The Hague, October 18, 1907.

ARTICLE 14 The present convention shall become effective eight days after the exchange of ratifications and shall take the place of the consular convention dated May 6/April 24, 1881. It shall remain in force until December 31, 1917.

If, twelve months before the expiration of the said period, neither of the contracting parties shall have notified its intention to terminate this convention, it shall remain in force until after the expiration of one year from the day when either of the contracting parties denounces the same.

ARTICLE 15 The present convention shall be ratified, and the ratifications exchanged at Belgrade as soon as possible.

In faith of which the respective plenipotentiaries have signed it and affixed their seals thereto. Done in duplicate original at Belgrade, March 17/30, 1911

(L. S.) Forgách, m. p.
(L. S.) Lutterotti, m. p.
(L. S.) Töry, m. p.
(L. S.) M. G. Milovanovitch, m. p.

CONVENTION BETWEEN AUSTRIA-HUNGARY AND SERVIA RELATING TO

SUCCESSIONS, GUARDIANSHIP, TRUSTEESHIP AND THE LEGALIZATION OF DOCUMENTS

1

Signed at Belgrade, March 17/30, 1911; ratifications exchanged

January 23, 1912

His Majesty the Emperor of Austria, King of Bohemia, etc., and Apostolic King of Hungary, and

His Majesty the King of Servia, having deemed it useful to regulate between Austria and Hungary, on the one part, and Servia on the other, certain questions relating to successions, guardianship and trusteeship, as well as to the legalization of documents and acts of civil condition, have resolved to conclude a convention to that effect and have named for that purpose as their plenipotentiaries, to wit:

His Majesty the Emperor of Austria, King of Bohemia, etc., and Apostolic King of Hungary:

For Austria and for Hungary:

Count Jean Forgách de Ghymes et Gács, his Privy Councilor, his Envoy Extraordinary and Minister Plenipotentiary to the Royal Court of Servia, Grand-Cross of the Order of Francis Joseph, Knight of the Order of Leopold and of the Order of the Iron Crown, third class, etc.;

1 Translated from the Sbornik Ugarsko-Hrvatskih zajednickih Zakona, No. 2, January 27, 1912.

« AnteriorContinuar »