Re Klinger

• Jurisdiction: Holanda
• Date: 21 Marzo 1957
• Court: Obsolete Court (Netherlands)

Holland, Judicial Chamber of the Council for the Restoration of Legal Rights, The Hague.

In re Klinger.

Recognition of Acts of Foreign Governments — Recognition of Judgments — Relevance of Intention to Circumvent Legislation of State Asked to Recognize Judgment.

The Facts.—An Austrian woman was married on February 6, 1941, in the Netherlands to a German national who was killed in action on June 7, 1941. By a decision of the Landgericht of Vienna of March 30, 1955, the marriage contracted in Holland in 1941 was declared to be invalid because it had been a “Namensehe” [marriage in name] only. Under an informal Netherlands-Austrian Agreement of July 28, 1951, it was provided that Austrian assets in the Netherlands should no longer be considered “enemy property”, but should be restored to their owners. In proceedings relating to the status of Friederike Klinger's property in the Netherlands, the question of the...