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ETC. - United Nations Treaty Collection

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1921 League of <strong>Nations</strong> - <strong>Treaty</strong> Series. 353<br />

1 TRADUCTION. - TRANSLATION.<br />

No. 88. - CONVENTION BETWEEN THE SWISS CONFEDERATION<br />

AND THE GERMAN EMPIRE DEALING WITH MORTGAGES IN<br />

GERMANY CONTAINING THE GOLD CLAUSE AND WITH CER-<br />

TAIN CLASSES OF FRANC CREDITS DUE FROM GERMAN DEBT-<br />

ORS, SIGNED AT BERNE DECEMBER 6, 1920.<br />

THE SWISS CONFEDERATION AND THE GERMAN EMPIRE,<br />

being desirous of adjusting in an equitable manner the legal relations arising from Swiss mortgages<br />

in Germany containing the gold clause and also certain classes of franc credits due from German<br />

debtors to Swiss creditors,<br />

have decided to conclude the following Convention and have appointed the following as their<br />

plenipotentiaries for this purpose : -<br />

THE Swiss FEDERAL COUNCIL : M. Edmond SCHULTHESS, Vice-President of the Swiss Federal<br />

Council, Deputy Head of the Federal Political Department ;<br />

THE GERMAN GOVERNMENT : Dr. Adolf MULLER, Envoy Extraordinary and Minister Plenipotentiary<br />

of the German Empire to Switzerland.<br />

After having communicated their full powers, which were found in good and due form, the<br />

plenipotentiaries have agreed upon the following regulations : -<br />

I<br />

A rticle I.<br />

Within the terms of this Convention the following shall be considered as mortgages containing<br />

the gold clause ; money credits previous to July 31st, 1914, which were expressed in marks and<br />

guaranteed by a mortgage on German real estate, when by the terms of the contract of the loan,<br />

the repayment of the sum lent or of this sum and of the interest thereon, was to be made " in gold, "<br />

" in German gold ", " in Imperial German gold specie ", " in German coin of Imperial gold, "<br />

" in German gold coin ", " in the standard of German gold ", " in the standard of Imperial gold, "<br />

" in ready specie ", " in ready money ", or when the parties have agreed upon a similar clause<br />

providing for the payment of the bonds in gold (the gold clause) in order to guarantee the foreign<br />

creditor against the depreciation of the German mark.<br />

Article 2.<br />

The Government of the Swiss Confederation shall advise Swiss creditors owning such<br />

mortgages containing the gold clause :<br />

(a) to waive, for a period of ten years dating from the coming into force of this Convention,<br />

their right to repayment of mortgages containing the gold clause and to declare<br />

their readiness to extend such mortgages containing a gold clause for a further period<br />

1 Traduit par le Secretariat de la Soci6t6 des<br />

<strong>Nations</strong>.<br />

1 Translated by the Secretariat of the League<br />

of <strong>Nations</strong>.

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