Paszthy v Kasulakoff

Docket NumberCase No. 41
Date09 Febrero 1940
CourtCantonal Court (Netherlands)
Holland, Cantonal Court of The Hague.
Case No. 41

Treaties — Operation of — Effect of Non-Recognition.

Recognition — Of Governments — Effects of Non-Recognition — Non-Recognition of Soviet Government by Holland — Effect upon Treaties Concluded with Former Russian Régime.

The Facts.—In an action brought by a “White Russian”, one Kasulakoff, the defendant, Paszthy, demanded from the claimant the cautio judicatum solvi. At the time of the action Holland had not recognized the Soviet Government. Holland and the former Russian régime were parties to the Convention of 1905 exempting their nationals from the requirement to deposit security for costs.

Held: that no security for costs had to be given. The Court said: “Czarist Russia was a contracting party to the Convention of 1905 on Civil Procedure. This Convention has not been denounced by Holland, nor by Russia. The change of government which has occurred in Russia since that date has not affected the obligatory force of the Convention between the parties. Kasulakoff styles himself a ‘White Russian’. It does not appear, however, that he...

Om verder te lezen


VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT