• Who is considered to have survived in case of unknown date of death 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. I. Background & Commentary Article 13 addresses rights to acquire and rights pertaining to the acquisition of moveable and immovable property.96 Rights pertaining to the acquisition of moveable and immoveable property include sale, exchange, mortgaging, pawning, administration, income, and leases and other contracts relating to such property.97 Property includes tangible property but also securities, monies and bank accounts, etc. Article 13 does not include artistic and industrial property, which is covered by Article 14.98 To be within the scope of Article 13, it is not required that a stateless person have their domicile or residence in the country in which they wish to acquire property or elsewhere.99 In this regard, Article 13 does not add much to the rights stateless persons enjoy under Art. 7(1) of the Convention, except that Article 13 recommends Parties give stateless persons better treatment in this respect than that accorded “aliens generally”.100 The standard of treatment to be accorded stateless persons of “treatment as favourable as possible and, in any event, not less favourable than that accorded to aliens generally in the same circumstances,” is similar to Articles 18 (selfemployment), 19 (liberal professions), 21 (housing) and 22(2) (education other than elementary education) of the 1954 Convention.101 Robinson Commentary to the 1954 Convention, supra note 11 at 33. Ibid. 98 1951 Refugee Convention travaux préparatoires, supra note 61 at 85. 99 Robinson Commentary to the 1954 Convention, supra note 11 at 33. 100 Ibid. Regarding “aliens generally” under Art. 7(1), the Commentary states: “while it is generally recognized that a state may treat stateless persons at discretion, i.e., it need not afford them the rights which it grants aliens possessing a nationality, either on the basis of accepted international law or domestic legislation. In stipulating that stateless persons must be treated at least as favourably as aliens in general, the Convention confers upon them rights which, theoretically at least, they would not have enjoyed otherwise, although in practice these basic rights are hardly being denied them anywhere. But this provision is not intended to establish a uniform treatment of stateless persons in the various countries. On the contrary, it leaves it to the domestic law of the country, by legislating for aliens, to set the scope of the rights of stateless persons, except for more favourable provisions explicitly established in the Convention.” 101 Similar to the 1951 Refugee Convention, see 1951 Refugee Convention travaux préparatoires, supra note 61 at 85. 96 97 23 23