Re Ungarische Kriegsprodukten-Aktiengesellschafr

JurisdictionSuiza
CourtCourt of Cassation (Switzerland)
Docket NumberCase No. 45
Switzerland, Obergericht (Court of Appeal) of the Canton of Zürich.
Case No. 45
In re Ungarische Kriegsprodukten-Aktiengesellschaft.

States — Continuity — Effect of Diminution of Territory.

Composite States — Real Unions — Austria-Hungary — State Succession in regard to International Conventions.

State Succession — International Conventions — Real Unions — Hungary as Party to the International Convention on Civil Procedure Concluded by Austria-Hungary.

The Facts.—The President of the Commercial Court in the Canton of Zürich ordered the Ungarische Kriegsprodukten-Aktiengesellschaft of Budapest to give security for costs. The company appealed on the ground that Hungary was a party to the Hague Convention on Civil Procedure.

Held: That the appeal must be allowed. Austria-Hungary signed on 23 November, 1908, the Convention on Civil Procedure revised at The Hague on 17 July, 1905, and deposited the instrument of ratification on 24 April, 1909. By virtue of the Hungarian Act of Parliament (No. XII of 1865–67) “concerning the affairs common to the countries of the Hungarian Crown and other countries under His Majesty's rule and the method of their administration,” it was only the conduct of the foreign affairs of the countries of the Hungarian Crown and other countries or provinces of the Emperor, that was to be common. But each of the two States of the Union had international personality, and each of them was a contracting State in the international...

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