- Project Runeberg -  A practical guide for Russian consular officers and all persons having relations with Russia /
371

(1916) Author: Alfons Heyking - Tema: Russia
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P. x., Сн. III. RIGHT TO ACQUIRE PROPERTY.

371

societies, companies, and associations constituted on the basis of the
laws of foreign countries, even if they are licensed to operate in Russia.

6. The acquisition of real estate situated in the government of
Volhynia, but outside of the towns, and the right to rent or loan such
property, is prohibited :—

(я) In the case of colonists of foreign birth, who have taken out
papers of naturalisation.

(b) In the case of persons from the provinces of the river Vistula
when they have been settled there since a date later than the 19th of
March 1895.

Foreigners who are owners of real estate are not entitled to take
part in the local self-government. An exception to this general rule
exists in the right granted to foreign merchants of taking part in
elections in commercial courts at Petrograd and Archangel, and of
being elected members of the latter court.

In Great Britain it is provided by the second edition of the
Naturalization Act 1870, that, " real and personal property of every description
" may be taken, acquired, held, and disposed of by an alien, in the
" same manner, in all respects as by a natural born British subject,
" and a title to real and personal property of every description may
" be derived through, from, or in succession to an alien in the same
" manner in all respects as though from, or in succession to a natural
" born British subject."

But by Section 14 it is enacted that nothing contained in the Act
shall qualify an alien to be the owner of a British ship.

In the past, Russian law recognised the sale of business only as a
transference of effects (premises, goods, etc.) and regarded the
assumption of responsibility for any legalities as a matter for special
arrangement. This has been modified by a new law, which provides that the
sale of a business can only be effected by official registration, that a
list of creditors with addresses and particulars of the sums due to them
must be deposited with a notary, upon whom it is incumbent to inform
the creditors of the proposed transference of the business and to
publish three announcements thereof in the local Press and in the official
Commercial and Industrial Gazette, Petrograd. The vendor and the
purchaser are also made jointly responsible, for a term of five years,
for debts previously contracted by the firm and included in the official
list of creditors above mentioned, or of which the purchaser is cognizant.

In the case of the transference of a business to relatives, the latter
are responsible to the same extent as the previous owner. The law
also provides that the regulations are enforceable even when only a
portion of the business is transferred, and contains sections to facilitate
the possibility of establishing by a legal judgment the non-validity
of certain transactions made with a view to diminishing the value of
a business or recognised as having for their aim the avoidance of
liability. Thus individuals or firms are no longer able to evade their
responsibility for debts contracted by fictitious transfers of property.

New restrictions upon the right to acquire real property were
introduced by law on the 2nd February 1915 on account of the European
War. According to this law, subjects of belligerent states, Germany,
Austria-Hungary, and Turkey, are forbidden in future to acquire real

§ 386.

Great
Britain.

[-Transference-]

{+Trans-
ference+} o£
property
in Russia.

Restrictions
on account
of war.

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