13th, CASE CONCERNING THE FACTORY AT CHORZÓWTHE IV. of the proceedings in the various cases concerning the Chorzów factory. The Chorzow Factory Case (, Germany v Poland.) Principle: It is a general principle of law as well as International law, that any breach of agreement. T H E FA C T O R Y AT C H O R Z O W (G E R M A N Y v.P O L A N D) 13 Sept. P.C.I.J. (ser. A) No. 17 TOPIC: Cases on Gener.
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That is all that is to be deduced from Judgment No.
Accordingly the declarations of the Applicant in the present proceedings must be construed in the light of this conception and this method must also have been followed even if that Party had not stated its contention as explicitly as it has done in the German Agent’s address to the Court.
But notwithstanding the express requests made in this respect by the Polish Government, the German Government has produced no such data. Aditya Books,p What is Registered Post AD? There is no doubt that a joint stock company is very closely bound up with its property ; that is why, for instance, according to the German Commercial Codewhich is in force both in Germany and in Polish Upper Silesia, a total alienation of the property of a company involves in principle the liquidation of that company.
Nevertheless, the Treuhand was authorized to pay at any time the whole or a part of the purchase price ; this would have the effect of removing the lien on shares of a nominal value corresponding to the payment made.
It is, however, not necessary for the Court to go into this question.
But in this case the hypothetical nature of the questions involves an equally hypothetical answer. Nyholm, Judge, being unable to concur in the result arrived at by the judgment, desires to add the remarks which follow hereafter.
Observation of similar cases undertook by Permanent Court of International justice. Legal forms such as a joint stock company must fsctory the objects of economic life, but they must not obscure economic facts.
The same is true as regards the Polish Government’s submission that. In regard to these negotiations, it is only necessary here to note that, on January 14th,the German Government had recognized that the factory could no longer be restored in kind and that consequently the reparation due must, in principle, take the form of the payment of compensation, a statement which is moreover formally repeated in the Case.
It matters but little whether in regard to some points the figure estimated is for instance no instead ofif the net result of all the decisions is still in the nature of an approximation. Government may be set down as under: Don’t have an account? Later, the Treuhand also acquired the rest of the shares of the Oberschlesische, thus becoming the sole shareholder of that Company.
In view of these difficulties, the Court considers it preferable to endeavour to ascertain the value to be estimated by several methods, in order to permit of a comparison and if necessary of completing the results of the one by those of the others. Incidentally, that decision was given in accordance with the terms of the German Code of Civil Procedure which is in force in Polish Upper Silesia, and therefore, having been rendered by default, does not contain a statement of the grounds on which it is based.
Lord Finlay, Judge, and M.
Chorzów Factory case – Wikipedia
The Law and Practice of the International Court. But, if we consider the submission in the light of the observations contained in the Case and more especially in the Reply, it is easy to fhorzow that the claim in respect of social insurances in Upper Silesia is only taken as an example.
The contract continued as follows: This addition runs as follows:. General Indexes Other documents. But what is the situation of Germany as regards the claim for indemnity?
Case Note on The Chorzow Factory ( Germany v Poland, 1928)
This item appears on List: Both are points which have already been decided. So I think if I say there was no alternative approach I must be wrong but so far my limited knowledge sees the approach is very appropriate to the public policy. The Court cannot therefore award the money to Germany without further comment and without considering the question whether chofzow German State can in law make free disposition of the amount of the indemnity as owner, fhorzow without the legal obligation to pay it to the parties dispossessed.
Current Afctory ad hoc. It has asked the Court to dismiss the Polish alternative submission and to decide: As regards the Oberschlesische:. But there is nothing—either in the terms of Article 23 or in the relation between this provision and certain others of a jurisdictional character included in the Chorzo Convention —which tends to show that the jurisdiction established by Article 23 extends to reparation other than that due by one of the contracting Parties to the other in consequence of an infraction of Articles 6 to 22duly recognized as such by the Court.
Series A: Collection of Judgments () | International Court of Justice
Poland would be liable to repair any loss suffered by the Germany due to the forfeit of that two company as they violated that international agreement.
The existence of the principle establishing the obligation to make reparation, as an element of positive international law, has moreover never been disputed in the course of the proceedings in the various cases concerning the Chorzow factory. The Agent for the Polish Government disputed the German Government’s right to make this change at that stage of the proceedings and refused to accept it.
In the light of the results of this investigation, it will then proceed to consider the submissions made in the course of the written and oral proceedings. If the shareholder were not identical with the Reich, he had never obtained and could never obtain from the factory any profit except that which the Reich, in the exercise of its rights at the general meeting of shareholders, chose to grant him. Whatever the effect of the judgment of the Tribunal of Katowice of November 12th,may be at municipal law, this judgment can neither render inexistent the violation of the Geneva Convention recognized by the Court in Judgment No.
In reality, the German Government asks the Court for a decision of principle the effect of which would be either to prevent the set-off, of any counterclaim against the indemnity fixed in the judgment to be given by the Court, or, alternatively, only to allow such set-off in certain defined circumstances.