Статус Конвенции о коллизии законов, касающихся формы завещательных распоряжений (Гаага, 5 октября 1961 года) [рус., англ.]

[неофициальный перевод]

СТАТУС КОНВЕНЦИИ О КОЛЛИЗИИ ЗАКОНОВ, КАСАЮЩИХСЯ ФОРМЫ ЗАВЕЩАТЕЛЬНЫХ РАСПОРЯЖЕНИЙ (ГААГА, 5 ОКТЯБРЯ 1961 ГОДА)

(последние изменения произошли 15 августа 2017 года)

Вступление в силу: 05.01.1964

Число государств-участников Конвенции: 42

CONVENTION OF 5 OCTOBER 1961 ON THE CONFLICTS OF LAWS RELATING TO THE FORM OF TESTAMENTARY DISPOSITIONS

Last update: 15.08.2017

Entry into force: 05.01.1964

Number of Contracting Parties to this Convention: 42

The expression «Contracting Party» covers both cases in which the Convention has, and cases in which the Convention has not yet, entered into force for that Party following the deposit of its instrument of ratification, accession, acceptance or approval (see column EIF in the chart).

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.

N.B. In case a particular territorial unit is not mentioned in this table of extensions, it means that the application of the Convention has not (yet) been extended to that territorial unit.

<1> S = Signature

<2> R/A/Su = Ratification, Accession or Succession

<3> Type = R: Ratification;

A: Accession;

A*: Accession giving rise to an acceptance procedure; click on A* for details of acceptances of the accession;

AEU: Accession by the European Union

AEU*: State bound as a result of the accession by the European Union

C: Continuation;

Su: Succession;

Den: Denunciation;

<4> EIF = Entry into force

<5> Ext = Extensions of application

<6> Authorities per Convention = Designation of Authorities

<7> Res/D/N/DC = Reservations, declarations, notifications or depositary communications

Type

Bosnia and Herzegovina Type Succession

One of the successor States to the former Socialist Federal Republic of Yugoslavia which became a Party to the Convention on 5 January 1964. On 23 August 1993, the Republic of Bosnia and Herzegovina declared itself to be bound by the Convention.

No objection has been received from the Contracting States.

China Type Continuation

This Convention applies to the Special Administrative Region of Hong Kong only, as a result of an extension made by the United Kingdom of Great Britain and Northern Ireland. When Hong Kong was restored to the People's Republic of China on 1 July 1997, China declared that the Convention will continue to apply for Hong Kong.

Date of entry into force of the Convention for Hong Kong: 23 August 1968.

Declarations/notifications:

The Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention, gave notice that on 16 June 1997, the Minister for Foreign Affairs of the Kingdom of the Netherlands received a Note dated 11 June 1997 from the Ambassador of the United Kingdom of Great Britain and Northern Ireland at The Hague and a Note dated 3 June 1997 from the Ambassador of the People's Republic of China at The Hague concerning Hong Kong.

The Note from the Ambassador of the United Kingdom reads as follows:

«Your Excellency,»

I am instructed by Her Britannic Majesty's Principal Secretary of State for Foreign and Commonwealth Affairs to refer to the Convention on the Conflicts of Laws relating to the Form of Testamentary Dispositions done at The Hague on 5 October 1961 (hereinafter referred to as the Convention) which applies to Hong Kong at present.

I am also instructed to state that, in accordance with the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People's Republic of China on the Question of Hong Kong signed on 19 December 1984, the Government of the United Kingdom will restore Hong Kong to the People's Republic of China with effect from 1 July 1997. The Government of the United Kingdom will continue to have international responsibility for Hong Kong until that date. Therefore, from that date the Government of the United Kingdom will cease to be responsible for the international rights and obligations arising from the application of the Convention to Hong Kong.

I should be grateful if the contents of this Note could be placed formally on record and brought to the attention of the other Parties to the Convention.

(...)

(signed Rosemary Spencer)».

The Note from the Ambassador of the People's Republic of China reads as follows:

(Translation)

«Your Excellency,»

In accordance with the Joint Declaration of the Government of the People's Republic of China and the Government of the United Kingdom of Great Britain and Northern Ireland on the Question of Hong Kong signed on 19 December 1984 (hereinafter referred to as the «Joint Declaration»), the People's Republic of China will resume the exercise of sovereignty over Hong Kong with effect from 1 July 1997. Hong Kong will, with effect from that date, become a Special Administrative Region of the People's Republic of China and will enjoy a high degree of autonomy, except in foreign and defence affairs which are the responsibilities of the Central People's Government of the People's Republic of China.

It is provided both in Section XI of Annex I to the Joint Declaration, «Elaboration by the Government of the People's Republic of China of its Basic Policies Regarding Hong Kong», and Article 153 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, which was adopted on 4 April 1990 by the National People's Congress of the People's Republic of China, that international agreements to which the People's Republic of China is not a Party but which are implemented in Hong Kong may continue to be implemented in the Hong Kong Special Administrative Region.

In accordance with the above provisions, I am instructed by the Minister of Foreign Affairs of the People's Republic of China to make the following notification:

The Convention on the Conflicts of Laws relating to the Form of Testamentary Dispositions done at The Hague on 5 October 1961 (hereinafter referred to as the «Convention»), by which the Government of the Kingdom of the Netherlands is designated as the depositary, which applies to Hong Kong at present, will continue to apply to the Hong Kong Special Administrative Region with effect from 1 July 1997.

In accordance with Article 9 of the Convention, the Government of the People's Republic of China reserves the right, in derogation of paragraph 3 of Article 1 of the Convention, for the Hong Kong Special Administrative Region to determine in accordance with the lex fori the place where the testator has his domicile.

As far as the Hong Kong Special Administrative Region is concerned, in accordance with Article 9 of the Convention, the place where the testator has his domicile is determined in accordance with the lex fori.

Within the above ambit, responsibility for the international rights and obligations of a Party to the Convention will be assumed by the Government of the People's Republic of China.

It would be appreciated if the contents of this Note could be placed formally on record and brought to the attention of the other Parties to the Convention.

(...)

(signed Zhu Manli, Ambassador Extraordinary and Plenipotentiary of the People's Republic of China to the Kingdom of the Netherlands)».

Croatia Type Succession

One of the successor States to the former Socialist Federal Republic of Yugoslavia which became a Party to the Convention on 5 January 1964. On 5 April 1993, the Republic of Croatia declared itself to be bound by the Convention.

No objection has been received from the Contracting States.

Lesotho Type Succession

On 16 December 1964, the Convention had been extended to Basutoland (now Lesotho) by the United Kingdom of Great Britain and Northern Ireland.

By a Note dated 1 June 1977 the Government of the Kingdom of Lesotho informed the Ministry of Foreign Affairs of the Kingdom of the Netherlands that it considers itself bound by the Convention. The date of entry into force is the date of independence of this State.

Montenegro Type Succession

One of the successor States to the former Socialist Federal Republic of Yugoslavia which became a Party to the Convention on 5 January 1964.

By letter received by the depositary on 26 April 2001, the Federal Republic of Yugoslavia (since 4 February 2003 called «Serbia and Montenegro») declared itself to be bound by the Convention. No objection has been received from the Contracting States.

The Ministry of Foreign Affairs of the Netherlands, depositary of the Hague Conventions, has notified the Member States of the Hague Conference on 5 July 2006 that «Following the declaration of the state independence of Montenegro, and under the Article 60 of the Constitutional Charter of the state union of Serbia and Montenegro, the Republic of Serbia is continuing international personality of the state union of Serbia and Montenegro, which was confirmed also by the National Assembly of the Republic of Serbia at its session held on 5 June 2006.» On 1 March 2007 the Republic of Montenegro declared itself to be bound by the Convention: «...the Government of the Republic of Montenegro succeeds to the Convention on the conflicts of laws relating to the form of testamentary dispositions, concluded at The Hague on 5 October 1961, and takes faithfully to perform and carry out the stipulations therein contained as from 3 June 2006, the date upon which the Republic of Montenegro assumed responsibility for its international relations.»

North Macedonia Type Succession

One of the successor States to the former Socialist Federal Republic of Yugoslavia which became a Party to the Convention on 5 January 1964. On 20 September 1993, The former Yugoslav Republic of Macedonia declared itself to be bound by the Convention.

By letter dated 30 November 1993, the Ambassador of Greece to the Netherlands informed the Ministry of Foreign Affairs of the Kingdom of the Netherlands that His Government does not recognize The former Yugoslav Republic of Macedonia and consequently does not consider itself to be bound by the Conventions to which the latter is a Party.

No objection has been received from the other Contracting States.

Serbia Type Succession

One of the successor States to the former Socialist Federal Republic of Yugoslavia which became a Party to the Convention on 5 January 1964. By letter received by the depositary on 26 April 2001, the Federal Republic of Yugoslavia declared itself to be bound by the Convention.

No objection has been received from the Contracting States.

Slovenia Type Succession

One of the successor States to the former Socialist Federal Republic of Yugoslavia which became a Party to the Convention on 5 January 1964. On 8 June 1992 the Republic of Slovenia declared itself to be bound by the Convention.

No objection has been received from the Contracting States.

Res/D/N

Albania Articles Reservations

Pursuant to Article 10 of the Convention, the Republic of Albania declares that it shall not recognize testamentary dispositions made orally, save in exceptional circumstances, by an Albanian national possessing no other nationality.

Pursuant to Article 12 of the Convention, the Republic of Albania reserves its right to exclude from the application of the present Convention any testamentary clauses which, under its laws, do not relate to matters of succession.

Armenia Articles Reservations

Pursuant to Article 10 of the Convention (...), the Republic of Armenia reserves its right not to recognise testamentary dispositions made orally by an Armenian national possessing no other nationality.

Pursuant to Article 12 of the Convention, the Republic of Armenia reserves its right to exclude from the application of the present Convention any testamentary clauses which, under its laws, do not relate to matters of succession.

Pursuant to Article 13 of the Convention, the Republic of Armenia reserves its right to apply the present Convention only to testamentary dispositions made after its entry into force.

Australia Articles Declarations

«...in accordance with Article 17 the Convention extends to the Australian States and mainland territories, and to the Coral Sea Islands Territory, the Territory of Heard Island and McDonald Islands, and the Australian Antarctic Territory.»

Austria Articles Reservations

With the reservation provided for in Article 12 of the Convention.

Belgium Articles Reservations

With the reservation provided for in Article 10 of the Convention.

Botswana Articles Reservations

«(a) the right in derogation of the third paragraph of Article 1 to determine in accordance with the lex fori the place where the testator had his domicile;»

(b) the right, in derogation of Article 8, to apply the said Convention only to testamentary dispositions made after the 22nd September, 1967.»

China Articles Notifications

This Convention applies to the Special Administrative Region of Hong Kong only, as a result of an extension made by the United Kingdom of Great Britain and Northern Ireland. When Hong Kong was restored to the People's Republic of China on 1 July 1997, China declared that the Convention will continue to apply for Hong Kong.

Date of entry into force of the Convention for Hong Kong: 23 August 1968.

Declarations/notifications:

The Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention, gave notice that on 16 June 1997, the Minister for Foreign Affairs of the Kingdom of the Netherlands received a Note dated 11 June 1997 from the Ambassador of the United Kingdom of Great Britain and Northern Ireland at The Hague and a Note dated 3 June 1997 from the Ambassador of the People's Republic of China at The Hague concerning Hong Kong.

The Note from the Ambassador of the United Kingdom reads as follows:

«Your Excellency,»

I am instructed by Her Britannic Majesty's Principal Secretary of State for Foreign and Commonwealth Affairs to refer to the Convention on the Conflicts of Laws relating to the Form of Testamentary Dispositions done at The Hague on 5 October 1961 (hereinafter referred to as the Convention) which applies to Hong Kong at present.

I am also instructed to state that, in accordance with the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People's Republic of China on the Question of Hong Kong signed on 19 December 1984, the Government of the United Kingdom will restore Hong Kong to the People's Republic of China with effect from 1 July 1997. The Government of the United Kingdom will continue to have international responsibility for Hong Kong until that date. Therefore, from that date the Government of the United Kingdom will cease to be responsible for the international rights and obligations arising from the application of the Convention to Hong Kong.

I should be grateful if the contents of this Note could be placed formally on record and brought to the attention of the other Parties to the Convention.

(...)

(signed Rosemary Spencer)».

The Note from the Ambassador of the People's Republic of China reads as follows:

(Translation)

«Your Excellency,»

In accordance with the Joint Declaration of the Government of the People's Republic of China and the Government of the United Kingdom of Great Britain and Northern Ireland on the Question of Hong Kong signed on 19 December 1984 (hereinafter referred to as the «Joint Declaration»), the People's Republic of China will resume the exercise of sovereignty over Hong Kong with effect from 1 July 1997. Hong Kong will, with effect from that date, become a Special Administrative Region of the People's Republic of China and will enjoy a high degree of autonomy, except in foreign and defence affairs which are the responsibilities of the Central People's Government of the People's Republic of China.

It is provided both in Section XI of Annex I to the Joint Declaration, «Elaboration by the Government of the People's Republic of China of its Basic Policies Regarding Hong Kong», and Article 153 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, which was adopted on 4 April 1990 by the National People's Congress of the People's Republic of China, that international agreements to which the People's Republic of China is not a Party but which are implemented in Hong Kong may continue to be implemented in the Hong Kong Special Administrative Region.

In accordance with the above provisions, I am instructed by the Minister of Foreign Affairs of the People's Republic of China to make the following notification:

The Convention on the Conflicts of Laws relating to the Form of Testamentary Dispositions done at The Hague on 5 October 1961 (hereinafter referred to as the «Convention»), by which the Government of the Kingdom of the Netherlands is designated as the depositary, which applies to Hong Kong at present, will continue to apply to the Hong Kong Special Administrative Region with effect from 1 July 1997.

In accordance with Article 9 of the Convention, the Government of the People's Republic of China reserves the right, in derogation of paragraph 3 of Article 1 of the Convention, for the Hong Kong Special Administrative Region to determine in accordance with the lex fori the place where the testator has his domicile.

As far as the Hong Kong Special Administrative Region is concerned, in accordance with Article 9 of the Convention, the place where the testator has his domicile is determined in accordance with the lex fori.

Within the above ambit, responsibility for the international rights and obligations of a Party to the Convention will be assumed by the Government of the People's Republic of China.

It would be appreciated if the contents of this Note could be placed formally on record and brought to the attention of the other Parties to the Convention.

(...)

(signed Zhu Manli, Ambassador Extraordinary and Plenipotentiary of the People's Republic of China to the Kingdom of the Netherlands)».

Estonia Articles Reservations

«The Republic of Estonia shall not recognize testamentary dispositions made orally, save in exceptional circumstances, by an Estonian national possessing no other nationality.»

Eswatini Articles Reservations

«The Government of the Kingdom of Swaziland, in accordance with Article 9 of the Convention, hereby reserves the right, in derogation of the third paragraph of Article 1, to determine in accordance with the lex fori the place where a testator had his domicile.»

Fiji Articles Reservations

Reservation made by the United Kingdom at the time of the extension of the Convention to Fiji and retained by Fiji:

«...in accordance with Article 9 of the Convention that, in respect of each of the above-named territories, the United Kingdom reserves the right, in derogation of the third paragraph of Article 1 of the Convention, to determine in accordance with the lex fori the place where the testator had his domicile.»

France Articles Declarations Reservations

«Sous réserve , pour la France de ne pas reconnaître , en vertu de l'article 10 de la Convention, les dispositions testamentaires faites, en dehors de circonstances extraordinaires, en la forme orale par un de ses ressortissants n'ayant aucune autre nationalité .»

En ratifiant cette Convention, le Président de la République Française , Président de la Communauté , déclare qu'elle s'applique \text{а} l'ensemble du territoire de la République Française , c'est — à - dire les Départements européens , les Départements d'Outre-Mer et les Territoires d'Outre-Mer.»

Luxembourg Articles Reservations

(Translation)

The Grand-Duchy of Luxembourg reserves the right

1. to determine, in derogation of Article 1, paragraph 3, of the Convention, the place where the testator had his domicile in accordance with the lex fori;

2. not to recognize testamentary dispositions made orally, save in exceptional circumstances, by a national of Luxembourg possessing no other nationality;

3. to exclude from the application of the Convention any testamentary clauses which, under the law of Luxembourg, do not relate to matters of succession.

Netherlands Articles Reservations

(Translation)

Save in exceptional circumstances, testamentary dispositions made orally by Netherlands nationals who at that time possess no other nationality shall not be recognized in the Netherlands.

Poland Articles Declarations Reservations

With the reservation provided for in Article 12 of the Convention.

The instrument of accession was accompanied by a Note of 2 September 1969, with the following declaration:

«The Embassy of the Polish People's Republic presents its compliments to the Ministry of Foreign Affairs and — referring to the Ministry's Note of December 3, 1968 forwarded to this Embassy together with a list of States Parties to the Convention on the Conflicts of Laws Relating to the Form of Testamentary Dispositions, signed at The Hague on October 5, 1961, which contains information on the German Federal Republic putting in force the provisions of this Convention for West Berlin — under instruction of its Government has the honour to communicate that the Government of the Polish People's Republic rejects the declaration by the German Federal Republic, as it is inconsistent with the international status of West Berlin which has never been and is not a constituent part of the German Federal Republic.»

The Embassy would appreciate it if the Ministry would bring the communication of the Government of the Polish People's Republic to the knowledge of all signatory States to the said Convention.»

Republic of Moldova Articles Reservations

According to Article 9 of the Convention, the Republic of Moldova reserves the right, in derogation of the third paragraph of Article 1, to determine in accordance with the lex fori the place where the testator had his domicile.

According to Article 10 of the Convention, the Republic of Moldova reserves the right not to recognise testamentary dispositions made orally, save in exceptional circumstances, by one of its nationals possessing no other nationality.

Serbia Articles Declarations

...following the declaration of the state independence of Montenegro, and under the Article 60 of the Constitutional Charter of the state union of Serbia and Montenegro, the Republic of Serbia is continuing international personality of the state union of Serbia and Montenegro, which was confirmed also by the National Assembly of the Republic of Serbia at its session held on 5 June 2006.

South Africa Articles Reservations

Subject to the reservations contemplated in Articles 9, 10 and 12 of the Convention.

Switzerland Articles Reservations

With the reservation provided for in Article 10 of the Convention.

Tonga Articles Reservations

Reservation made by the United Kingdom at the time of the extension of the Convention to Tonga, and retained by Tonga:

«...in accordance with Article 9 of the Convention that, in respect of each of the above-named territories, the United Kingdom reserves the right, in derogation of the third paragraph of Article 1 of the Convention, to determine in accordance with the lex fori the place where the testator had his domicile.»

Furthermore, Tonga made the following reservation:

«In accordance with Article 10 of the Convention, Tonga reserves the right, in respect of this territory, not to recognize testamentary dispositions made orally, save in exceptional circumstances by one of its nationals possessing no other nationality.»

Turkiye Articles Reservations

(Translation)

The Republic of Turkey reserves 1. the right in accordance with Article 9, in derogation of the third paragraph of Article 1, to determine in accordance with the lex fori the place where the testator had his domicile;

2. the right in accordance with Article 10, not to recognize testamentary dispositions made orally, save in exceptional circumstances, by one of its nationals possessing no other nationality;

3. the right in accordance with Article 12, to exclude from the application of the present Convention any testamentary clauses which, under its laws, do not relate to matters of succession.

Ukraine Articles Reservations

1. According to Article 9 of the Convention Ukraine reserves the right to dertermine domicile of the testator according to law on the court (lex fori).

2. In accordance with Article 10 of the Convention Ukraine reserves the right not to recognize wills made by citizens of Ukraine orally except under exceptional circumstances.

3. According to Article 12 of the Convention Ukraine reserves the right not to apply the present Convention to any provisions of wills that under the legislation of Ukraine are not related to inheritance.

United Kingdom of Great Britain and Northern Ireland Articles Declarations Reservations

«In accordance with the provisions of Article 9 of the present Convention, the United Kingdom of Great Britain and Northern Ireland hereby reserves its rights, in derogation of the third paragraph of Article 1, to determine in accordance with the lex fori the place where the testator had his domicile.»

Extension of the Convention to former British territories* on 16 December 1964 (the Convention entered into force for these territories on 14 February 1965):

Antigua <+>

Basutoland <+>

Brunei <+>

Dominica <++>

Fiji <+>

Gambia <++>

Grenada <+>

the New Hebrides <++> (as fas as the jurisdiction of the British National Court is concerned)

Saint Christopher, Nevis <++>

Seychelles <++>

**With the following reservation: «Furthermore, in accordance with Article 10 of the Convention, the United Kingdom reserves the right, in respect of this territory, not to recognise testamentary dispositions made orally, save in exceptional circumstances, by one of its nationals possessing no other nationality.»

<+> This country achieved independence and declared that it considers itself bound by the Convention or acceded to the Convention (see infra under other States).

<++> This country achieved independence. No declaration has been made on the continuation in force of the Convention. Date of independence: Dominica became the Commonwealth of Dominica (3 November 1978); Gambia (18 February 1965); New Hebrides became the Republic of Vanuatu (30 July 1980); Saint Christopher and Nevis became Saint Kitts and Nevis (19 September 1983); Seychelles (29 June 1976); Barbados (30 November 1966); British Guyana became the Republic of Guyana (26 May 1966); Saint Lucia (22 February 1979); Saint Vincent became Saint Vincent and the Grenadines (27 October 1979).

<+++> On 1 July 1997, the Government of the United Kingdom of Great Britain and Northern Ireland restored Hong Kong to the People's Republic of China. See under «CHINA, Hong Kong Special Administrative Region».