Treaties (Effect of Termination) Case

CourtCourt of Appeal of Berlin (Germany)
Docket NumberCase No. 210
Date04 o 1936
Germany, Court of Appeal of Berlin.
Case No. 210
Treaties (Effect of Termination) Case.

Treaties — Termination of — Effect of — Hague Convention on Divorce — Whether Applicable after Denunciation — Judgments Rendered prior to Denunciation of the Convention.

The Facts.—The appellant and her husband were German nationals resident in Luxemburg. In 1932 they obtained a divorce there. In 1936 the appellant wished to conclude a second marriage in Germany. The Registrar refused to celebrate it on the ground that foreign judgments in divorce were not recognised in Germany unless reciprocity was assured according to the requirements of the German Code of Civil Procedure. The Registrar found that while Luxemburg did not in principle recognise foreign judgments in matters of divorce, both Luxemburg and Germany were parties to the Hague Convention on Divorce, of June 12, 1902, which provided for mutual recognition of such judgments. Germany denounced the Convention on June 1, 1934. The Registrar held that although the Luxemburg judgment was rendered in 1932 when reciprocity was still assured, such reciprocity did not exist any longer at the time when recognition in Germany was demanded. Article 7 of the Convention provided as follows: “Judgments in divorce and judicial separation pronounced by a court which has jurisdiction in accordance with Article 5 of the Treaty, shall be recognised in all countries, provided the clauses of the present Convention were observed, and provided that in the case of a judgment in default the defendant was summoned in accordance with the special provisions regarding the recognition of foreign judgments as laid down by the national law of the defendant. …” Upon appeal,

Held: that the Luxemburg judgment must be recognised. The Court said: “A rational interpretation of the Convention must consider the intention of the parties regarding their mutual obligations. It must be...

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