Security for Costs (Spanish Republican Government) Case

Date18 Marzo 1938
Docket NumberCase No. 28
CourtCourt of Appeal of Frankfurt (Germany)
Germany, Court of Appeal of Frankfurt-on-the-Main.
Case No. 28
Spanish Republican Government (Security for Costs) Case.

Treaties — Operation of — Question of Enforceability in the Territory of the Other Contracting Party.

Recognition — Of Governments — Position of (Former) Legitimate Government after Recognition of Insurgents as a Government — Application of Conventions to Territory under the (Former) Legitimate Government — The Spanish Republican Government in 1936–1939 — Legal Status of — De jure Recognition of the Government of General Franco — Operation of Treaties — Question of Enforceability in the Territory of the Other Contracting Party.

The Facts.—The plaintiff, who was either a Belgian or a Spanish national, brought an action in a German court. He claimed to be exempted from furnishing security for costs by virtue of Article 17 of The Hague Convention on Civil Procedure of July 17, 1905. The...

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