- Project Runeberg -  A practical guide for Russian consular officers and all persons having relations with Russia /

(1916) Author: Alfons Heyking - Tema: Russia
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The Convention with Denmark contains besides, the following
provisions : The Consular Officer must manage the estate which is
left, and must take all measures in the interest of the heirs. In order
to liquidate commercial or industrial concerns, the consent of all the
heirs is necessary, except in such cases when there is no doubt that
loss is the result of keeping the concern going ; then the Consular
Officer may liquidate it of his own accord (Art. 8). Not later than
eight months after death of the deceased, all claims against his estate
may be brought before the law courts of that country where the
deceased died, if such claims do not concern the right to succeed to the
estate or real property situated outside the country (Art. 9). If the
estate is not sufficient to satisfy the claims of the creditor, the latter
can, if it is not contrary to local law, apply to the local authorities
that a declaration of bankruptcy be made on the estate of the deceased.
If bankruptcy has been declared, all the estate must be handed over
to the local authorities, and the Consul has only to represent the
interests of his countrymen in that estate. The declaration of
bankruptcy refers only to that part of the estate of the deceased which is
in the territory where the deceased died. After the lapse of eight
months dating from the day of the decease, Consular Officers must
pay all the accounts and expenses to the charge of the estate, after
which the estate is handed over to the II. Department of the Russian
Ministry of Foreign Affairs. If lawsuits are entered against the
estate, and have not yet been finished at the expiration of the
above-mentioned eight months, the Consul is obliged to hold back such
amount of the estate which is the object of the lawsuit. The Consular
Officer has only to give an account to the II. Department of the Russian
Ministry of Foreign Affairs, one copy of which has to be handed to
the heirs (Art. 11).

Real property which is left, is regulated by the lex-loci. If such
a process precludes an heir from the possession of the real estate,
•sufficient time is accorded to him to sell it in the most advantageous
way (Art. 13). Succession to personal property is regulated by the
law of the country to which the deceased belonged. But, if a citizen
•of the country where the deceased died, prefers a claim on the strength
of an inheritance or a legacy, and if that reclamation has been
presented to the Consular authority before the lapse of the
above-mentioned eight months, the local courts or authorities of the country
where the estate is being administered, will have to decide the matter.
These courts make their judgment in conformity with the lex
nation-alitatis of the deceased (Art. 14). Judgments of Danish Courts of
Justice referring to the personal estates of Russians, can be executed
in Russia, as far as they concern the estate which is left, but the effect
•of the judgment must not be revised : the same observation holds
good of Russian courts of justice referring to the personal estates of
Danes (Art. 14). The provisions of this State treaty refer also to
property left in Denmark or Russia when the deceased has died outside
the territory where the estate was left.

The right of succession to real estate is determined by the laws
■of the country in which the property is situated, and the power to
.settle all claims and disputes relating to such property rests exclusively

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