Статус Конвенции о праве, применимом к доверительной собственности и ее последующем признании (Гаага, 1 июля 1985 года) [рус., англ.]

[неофициальный перевод]

СТАТУС КОНВЕНЦИИ О ПРАВЕ, ПРИМЕНИМОМ К ДОВЕРИТЕЛЬНОЙ СОБСТВЕННОСТИ И ЕЕ ПОСЛЕДУЮЩЕМ ПРИЗНАНИИ (ГААГА, 1 ИЮЛЯ 1985 ГОДА)

(последние изменения произошли 19 сентября 2017 года)

Вступление в силу: 01.01.1992

Число государств-участников Конвенции: 14

CONVENTION OF 1 JULY 1985 ON THE LAW APPLICABLE TO TRUSTS AND ON THEIR RECOGNITION

Last update: 19.09.2017

Entry into force: 01.01.1992

Number of Contracting Parties to this Convention: 14

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

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: 1 January 1992.

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 Law Applicable to Trusts and on their Recognition done at The Hague on 1 July 1985 (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 of the Convention. (...)

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 Law Applicable to Trusts and on Their Recognition done at The Hague on 1 July 1985 (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.

(...)

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 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)».

Netherlands Type Ratification

Ratification for the Kingdom in Europe.

Res/D/N

Canada Articles Declarations Reservations

1. The Government of Canada declares, in accordance with Article 29 of the Convention, that the Convention shall extend to the following provinces: Alberta, British Columbia, New Brunswick, Newfoundland, Prince Edward Island, and that Canada may modify this declaration by submitting another declaration at any time.

2. The Government of Canada also declares, in accordance with Article 20 of the Convention, that the provisions of the Convention will be extended to trusts declared by judicial decisions in Alberta, British Columbia, New Brunswick, Newfoundland and Prince Edward Island.

The Government of Canada further declares, by way of reservation, in accordance with Article 26 of the Convention and pursuant to Article 16, that the Province of Alberta will not apply the second paragraph of Article 16.

Declaration of 17 February 2006:

1. In accordance with the provisions of Article 29, the Government of Canada declares that, in addition to the Provinces of Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Prince Edward Island and Saskatchewan, the Convention shall extend to the Province of Nova Scotia.

2. In accordance with the provisions of Article 20, the Government of Canada declares that, in addition to trusts declared by judicial decisions in the Provinces of Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Prince Edward Island and Saskatchewan, the provisions of the Convention shall extend to trusts declared by judicial decisions in the Province of Nova Scotia.

3. The Government of Canada further declares that it may at any time submit other declarations or reservations pursuant to Article 29 of the Convention with respect to other territorial units.

Declaration of 12 February 2018:

1. In accordance with the provisions of Article 29, the Government of Canada declares that, in addition to the Provinces of Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Nova Scotia, Prince Edward Island and Saskatchewan, the Convention shall extend to the Province of Ontario.

2. In accordance with the provisions of Article 20, the Government of Canada declares that, in addition to trusts declared by judicial decisions in the Provinces of Alberta, British Colombia, Manitoba, New Brunswick, Newfoundland and Labrador, Nova Scotia, Prince Edward Island and

Saskatchewan, the provisions of the Convention shall extend to trusts declared by judicial decisions in the Province of Ontario.

3. The Government of Canada further declares that it may at any time submit other declarations or reservations pursuant to Article 29 of the Convention with respect to other territorial units.

China Articles Declarations 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: 1 January 1992.

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 Law Applicable to Trusts and on their Recognition done at The Hague on 1 July 1985 (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 of 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 Law Applicable to Trusts and on Their Recognition done at The Hague on 1 July 1985 (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. The Government of the People's Republic of China also makes the following declarations:

1. Paragraph 2 of Article 16 of the Convention will not apply to the Hong Kong Special Administrative Region.

2. In accordance with Article 20 of the Convention, the provisions of the Convention will be extended to trusts declared by judicial decisions in the Hong Kong Special Administrative Region.

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 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)».

Cyprus Articles Declarations

Declaration:

15-03-2017

In accordance with Article 20, the Republic of Cyprus declares that the provisions of the Convention will be extended to trusts declared by judicial decisions.

Luxembourg Articles Declarations Reservations

The Government of Luxembourg declares, in accordance with Article 16, paragraph 3, of the Convention, that Article 16, paragraph 2, will not be applicable.

The Government of Luxembourg declares, in accordance with Article 20 of the Convention, that the provisions of the Convention have been extended to trusts declared by judicial decision.

Monaco Articles Declarations Reservations

The Principality of Monaco declares, in accordance with Article 20, that the provisions of the Convention will be extended to trusts declared by judicial decisions.

The Principality of Monaco declares, as a reservation, that it will not apply the provision of Article 16, second paragraph.

United Kingdom of Great Britain and Northern Ireland Articles Declarations Reservations

The United Kingdom, by way of reservation, declares that it will not apply the second paragraph of Article 16.

The United Kingdom declares, in accordance with Article 20, that the provisions of the Convention will be extended to trusts declared by judicial decisions.