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Hungarian Aircraft Company Case

Federal Republic of Germany.  31 March 1971 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

States as international persons — In general — Recognition of acts of foreign States and govemments — Expropriation without compensation — Effect on assets situated outside the jurisdiction of expropriating State — The law of the Federal Republic of Germany

Jurisdiction — In general — Territorial — Territorial limits of jurisdiction — Expropriation decree — Effect on assets situated outside expropriating State — Territoriality principle — Independent “split company” (Spaltgesellschaft) established outside expropriating State as a result of expropriation — Whether split company liable for debts of expropriated “remainder company” (Restgesellschaft) arising before expropriation — Debt owed to expropriating State — Possibility of obtaining satisfaction from expropriated remainder company — Whether municipal courts may assist in enforcement of debt against split company thereby indirectly furthering expropriation — Relevance of competing creditors — Plea of abuse of rights — The law of the Federal Republic of Germany

Type
Case Report
Copyright
© Cambridge University Press 1987

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