- Project Runeberg -  A practical guide for Russian consular officers and all persons having relations with Russia /
164

(1916) Author: Alfons Heyking - Tema: Russia
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4 DECEASE OF RUSSIAN SUBJECTS ABROAD. P. v., Сн. vi.

with the courts of that country. Personal property is only subject
to local law if the right of succession to such property is claimed by
a local subject. Other claims as to the right of succession to such
property are dealt with by the competent authority of the country
to which the deceased belonged, and in accordance with the laws
of that country (Art. 10).

If the heirs of the deceased are Russian subjects, or subjects of a
State other than that in which he died, the rights of succession to
the personal property are determined in accordance with Russian
law only (Art. 10), and the persons claiming such estate must apply
to the local Russian Consul. They must prove their title to inherit
the property and state the amount of their claim, producing the will
of the deceased—which must be proved by a Russian court of law—
or, if there is no will, a deed of succession granted by a Russian court
of law. To obtain this document, Russian subjects must petition
the proper Russian circuit court, enclosing the certificate of the death
of the deceased, legalised by the Russian Consul in whose Consular
district the death took place, and all certificates of birth or marriage
that may be necessary in order to prove the degree of relationship
between the petitioner and the deceased. It is obvious that such
deed of succession, in order to be valid, must be granted to Russian
subjects by the Russian authorities. In Germany, however, in cases
of succession, the law frequently applies the lex domicilii, i.e. the
law of the country where deceased had his permanent home, and it
sometimes happens that Russian subjects, living in Germany, procure
deeds of succession from the German authorities. It is scarcely
necessary to say that such deeds have no validity and cannot be
accepted by Russian Consular Officers, who must insist on the
production of a proper deed of succession, granted by the
Russian-authorities.

In the case of a native of Poland dying intestate, the Polish Code
of Civil Law prescribes (Art. 724) that the heirs do not require the
formal recognition of their rights as such by a court of law. The
Consul must therefore himself decide as to the validity of the claims
of Russian subjects to inherit property left in his Consular district
by a Russian subject who is a native of Poland.

The Conventions with France, Germany, Italy, Spain, and Sweden
and Norway with regard to property left by Russians provide that
in the event of the decease of a Russian subject in any one of the
contracting countries at a place where there is no Russian Consular
representative, the local authorities must take the necessary steps
to make an inventory and seal up whatever property he may have
left. Certified copies of the documents relating to these operations,
together with the death certificate and passport of the deceased,,
must be produced, with as little delay as possible, to the nearest
Consulate, or, through the Ministry of Foreign Affairs, to the
Diplomatic Agent of the State of which the deceased was a subject. The
competent local authorities are further required to adopt all the
measures with regard to the property left by deceased that are
prescribed by local law, and, on the expiration of the time limits fixed
by Art. 5, to deliver the property to the respective Diplomatic or

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