Re Jz

JurisdictionSuiza
CourtCourt of Cassation (Switzerland)
Docket NumberCase No. 43
Switzerland, Obergericht (Court of Appeal) of the Canton of Zürich,
Case No. 43
In re J. Z.

State Succession — International Conventions — Dismemberment of States — Czechoslovakia as Party to International Conventions Concluded by Austria-Hungary.

The Facts.—J. Z., of Althabendorf (Bohemia), began an action against I. R., of Zürich, before the District Court of Zürich. The Court fixed a date by which the plaintiff was to give security for costs. The plaintiff appealed, contending that as Czechoslovakia was formerly a part of Austria-Hungary, which was a party to the Hague Convention on Civil Procedure, the Czechoslovak State continued to be a party to that Convention.

Held: That the appeal failed. Czechoslovakia had not declared her accession to the Hague Convention on Civil Procedure. It could therefore only be argued that this State is a party to the Convention by virtue of State succession. However, according to information given by the Swiss Legal...

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