Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

Western Germany: Recognition and Enforcement of Soviet Zone Criminal Judgments

Western Germany: Recognition and Enforcement of Soviet Zone Criminal Judgments 392 THE AMERICAN JOURNAL OF COMPARATIVE LAW decide this point, but in addition commented that in view of Article XVII I of the Fund Agreement, he felt it undesirable to express any opinion on the argu­ ment. Again, in Cermak et al. v. Bata Akciova Spolecnost (80 N.Y. Supp. (2d) 782, 785 (1948)) the New York Supreme Court preferred not to go into the question of the effect of the Fund Agreement until an appellate court had "blazed that trail." The Perutz case has now blazed a trail, although it is not clear at the moment precisely in what direction it leads. Although Article VIII, Section 2(b), was relied upon, the opinion of the Court of Appeals refers to no specific provision in the Fund Agreement. On its face, the decision rests simply upon the fact of membership in the Fund of the United States and Czechoslovakia, and holds that public policy is not available as a ground upon which to refuse recognition to the exchange control regulations of a member of the Fund whose law is ap­ plicable under the private international law of the forum. It is thus consistent with the dictum of a member of the http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

Western Germany: Recognition and Enforcement of Soviet Zone Criminal Judgments

Download PDF
8 pages

Loading next page...
 
/lp/oxford-university-press/western-germany-recognition-and-enforcement-of-soviet-zone-criminal-kvB0u0Ga10

References (0)

References for this paper are not available at this time. We will be adding them shortly, thank you for your patience.

Publisher
Oxford University Press
Copyright
© 1953 by The American Association for the Comparative Study of Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/837488
Publisher site
See Article on Publisher Site

Abstract

392 THE AMERICAN JOURNAL OF COMPARATIVE LAW decide this point, but in addition commented that in view of Article XVII I of the Fund Agreement, he felt it undesirable to express any opinion on the argu­ ment. Again, in Cermak et al. v. Bata Akciova Spolecnost (80 N.Y. Supp. (2d) 782, 785 (1948)) the New York Supreme Court preferred not to go into the question of the effect of the Fund Agreement until an appellate court had "blazed that trail." The Perutz case has now blazed a trail, although it is not clear at the moment precisely in what direction it leads. Although Article VIII, Section 2(b), was relied upon, the opinion of the Court of Appeals refers to no specific provision in the Fund Agreement. On its face, the decision rests simply upon the fact of membership in the Fund of the United States and Czechoslovakia, and holds that public policy is not available as a ground upon which to refuse recognition to the exchange control regulations of a member of the Fund whose law is ap­ plicable under the private international law of the forum. It is thus consistent with the dictum of a member of the

Journal

American Journal of Comparative Law – Oxford University Press

Published: Jul 1, 1953

There are no references for this article.