South-West Africa (Succession) Case

Docket NumberCase No.35
Date03 Abril 1930
CourtObsolete Court (Germany)
Germany, Reichsgericht.
Case No.35
South-West Africa (Succession) Case.

State Succession — Succession to Liabilities — German South-West Africa — Articles 119, 120, and 257 of the Treaty of Versailles.

The Facts.—This was an action against the German Treasury. The plaintiff was a railway company which before the War was responsible for the management of part of the railways in German South-West Africa. By virtue of an agreement made in 1910 between the Company and the administration of South-West Africa, the latter assumed certain responsibilities in regard to the liabilities of the Company arising out of railway accidents. In particular it was provided that in case of the dissolution of the contract the administration of South-West Africa shall in certain circumstances assume the liabilities of the Company.

In Article 119 of the Treaty of Versailles Germany renounced her overseas possessions in favour of the Allied and Associated Powers. Article 120 provided that all movable and immovable property in such territories belonging to the German Empire or to any German State shall pass to the Government exercising authority over those territories on the terms laid down in Article 257 of the Treaty. Article 257 provided that...

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