7. The second paragraph is an exception to the first, inasmuch as it decrees the validity of certain rights acquired under another law (very often the law of the former home country of the stateless person). Paragraph 2 is the result of the generally accepted validity of “acquired [or vested] rights” which ought not be disturbed, except in specifically described cases where the acquired right of the stateless person would not have been recognized by the law of the given state if he had not become stateless. Such is the case where certain rights are contrary to the 116 “public order” of the state where they are claimed; for example, rights resulting from polygamy invoked in a country where it is prohibited, divorce in countries in which divorces are not recognized, etc. Paragraph 2 speaks of “the law of that state”, meaning the law of the Contracting State where the right is to be exercised. Since there may be a difference between the “public order” of the various Contracting States, the acquired rights may be recognized in some cases and not be recognized in others. Paragraph 2 speaks of “rights previously acquired by a stateless person and dependent on 117 personal status, more particularly rights attached to marriage”. These “rights attaching to marriage” are the matrimonial régime, the legal capacity of married women, and the right 118 to succession. To safeguard these rights, the stateless person may have, if the domestic law so prescribes, to comply with certain formalities. For instance, the law of the country is which recognition is sought may prescribe that foreign adoptions have to confirmed by local court or that the special matrimonial regime (separation of property or the right of the husband to administer the property of his wife) have to be registered in certain records. 8. Article 12 deals with the law governing the personal status of stateless persons not with the law governing the conclusion or dissolution of legal acts. Thus it refers to the capacity to contract a marriage, but does not deal with the celebration or dissolution of marriage, wills, etc. 119 This is left to the law of the country where such action is performed. Article 13 Movable and immovable property The Contracting States shall accord to a stateless person treatment as favourable as possible and, in any event, not less favourable than that accorded to aliens generally in the same circumstances, as regards the acquisition of movable and immovable property and other rights pertaining thereto, and to leases and other contracts relating to movable and immovable property. 1. This article reproduces literally the provision of the same article in the Refugee Convention. It provoked no discussion in the conference nor any outright opposition, except that the representatives of the Latin American countries abstained from voting because, in their view, 116 Reference to public order or other grounds of non-recognition (in the case of refugees) was made in the Ad Hoc Committee (SR.41, p. 8) as something which need not be written into the Convention. 117 The Ad Hoc Committee considered that this paragraph (in regard to refugees) also included rights resulting from acts of religious authorities if performed in countries recognizing the competence of such authorities (SR.9, para. 61 ff). This rule must also be considered as applicable here. 118 The question was raised in the Refugee Conference (SR.7, p. 18) whether the right of children to obtain support from their parents was also an acquired right in the sense of para. 2. Although no decision was reached, it would appear that the view was held that this might be the case if the law of the state in question regarded such right as part of the personal status. 119 It must be noted that, while the problem of celebration of marriages, produces no difficulty because the law in the place of celebration is applicable, the question of dissolution of a marriage is complicated by the fact that many countries refuse to grant a divorce if the national authorities of the persons involved do not recognize the decision.

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