Treaty Series Recueil des Traites - United Nations Treaty Collection

166 United Nations - Treaty Series 1964
2. The foregoing shall be without prejudice to the application of Netherlands
law to Netherlanders in cases where under German private international law the
national legislation of the parties is applicable.
Article 22
Save as otherwise provided in articles 23 to 29, the transition from Netherlands
law to German law in the areas referred to in article 4 shall in principle be without
prejudice to civil rights acquired before the entry into force of this Treaty.
Article 23
The formal validity of any act-in-the-law done in conformity with Netherlands
procedural requirements before the entry into force of this Treaty shall be recognized
in the Federal Republic of Germany.
Article 24
Liabilities which arose under Netherlands law before the entry into force of this
Treaty shall continue to be governed by Netherlands legislation, subject, however,
to the following exceptions and derogations :
(a) Perpetual leases of land shall be subject to German law as from the entry into force
of this Treaty. Leases of land for a specific term shall continue to be subject to
Netherlands law only for the duration of the current lease. The provisions of the
Netherlands Leaseholds Act (Pachtwet) relating to the renewal of leases shall not
apply. The powers which under the Netherlands Leaseholds Act are vested in the
land courts (grondkamers) and leasehold courts (pachtkamers) shall be exercised
by the courts having jurisdiction under German law.
(b) Leases of residential and business premises, leases of land not covered by the
terms of sub-paragraph (a), leases of hunting rights and contracts of employment
shall be subject to German law as from the entry into force of this Treaty.
(c) In the case of other leases and service contracts, liabilities for annuity payments
and other continuing liabilities, the legislation in force in the Federal Republic of
Germany shall apply to such extent as may result from the application mutatis
mutandis of the relevant transitional provisions of German law, particularly the
transitional provisions of the Act introducing the Civil Code.
Article 25
Tax claims enjoying priority under German law shall take precedence over
mortgages created under Netherlands law only where such claims relate to payment
of the land tax.
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