Paszthy v Kasulakoff

• Jurisdiction: Holanda
• Docket Number: Case No. 41
• Date: 09 Febrero 1940
• Court: Cantonal Court (Netherlands)

Holland, Cantonal Court of The Hague.

Case No. 41

Paszthy

and

Kasulakoff.

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...