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P. v., Сн. VI. DECEASE OF RUSSIAN SUBJECTS ABROAD. 159
an executor or trustee, taking care, in the interests of the heirs, to
advise the local authorities of the necessary formalities ; to take
possession of the property in their name, to liquidate or administer it
either personally or by deputy, and to be responsible for all the actions
of such deputy. In the event of disputes between the different parties
having claims to the succession, they are to be decided, in the last
instance, according to the laws and by the judges of the country in
which the succession occurs. In the event of real estate situated
in Greece passing, according to the laws of the country, to a Russian
subject, who, being a foreigner, is unable to retain possession of it,
he is entitled to the respite fixed by the laws of the country, or, if
no such period of respite is fixed by law, he may obtain special
permission to sell such property within a certain time and to collect and
send away the proceeds of same.
No additional or heavier duties will be charged in such cases of
succession than are paid by Greek subjects. Russian subjects are,
moreover, exempt from payment of the deductions made for the
benefit of the Royal Treasury on inherited or other property
belonging to foreigners and exported, or otherwise transferred, out
of Greece.
The treaty of commerce and navigation concluded between Russia
and Austria on the 2nd/i5th February 1906, stipulates (Art. 22)
as follows : " In cases of death of Russian subjects in Austria at a
place where, owing to the proximity of his place of residence, a Russian
Consular Officer or Diplomatic Agent is in a position to render
assistance in making an inventory of the effects and in keeping them in
security, the competent authorities must proceed with these formalities
assisted by the said Consular Officer or Diplomatic Agent, who must
cross the seals affixed by the local authority, with his official seal
and in conjunction with them, he must adopt all necessary measures
in the interests of the heirs. The local authorities must safeguard
the property left by deceased Russian subjects just as they would
do for deceased subjects of their own country. All claims on the
property left by the deceased, if they do not concern the rights of the
deceased or his heirs, must be dealt with by the local authorities during
a period of six months counting from the date of the last publication
made by the local authorities concerning the opening of the succession,
or, if such a publication has not taken place, during a period of eight
months from the date of the death. After the lapse of this period
of time, the rest of the personal estate left by the deceased will be
handed over to the Russian Consul. But this transfer of property
takes place only when all the dues and expenses incurred by the death
have been paid. Claims about this part of the property belong to
the competency of the law courts of Russia. In taking over the
rest of the property, the Consular Officer must give an official receipt
to the local authorities. In so doing he need not produce a power
of attorney from the heirs or legatees, nor is it necessary for him to
obtain a general or a special authorisation from his Government.
From the moment he has given a receipt for the rest of the property,
the Consular Officer is only accountable to his own Government. Real
property belonging to the estate left is governed by the laws of the
§ 140.
Austria,
Germany,
Italy, Spain,
Sweden,
Norway.
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