STATE SECRETARY FOR THE RUSSIAN PROTECTOR IN THINGS AND IN MORAVA, PRAGUE, inv. 357, sig. 109-4/102

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English Translation

The Court of First Instance held that, in the event of an infringement of Article 85(1) of the Treaty, it would not always be possible for the parties to carry out a reliable examination of the nationality of the opponent. If a judicial termination or an objection against it has been made to a court of law which is not competent pursuant to § 2 (l), the proceedings under § l8 of the draft may be brought before the court to which the jurisdiction under § 2 sentence 1 in conjunction with § l No. 1 of the Regulation on the elimination of the civil administration of justice in the Protectorate of Böhnen and Moravia of 14 April 1939 is entitled. As regards § 3: The provision proposed here has the consequence that for the proceedings of the interim injunction (§S 378 et seq. of the Execution Order) the jurisdiction of the dike courts is always justified if only one of the creditors or obliged German state hearers is. This regulation corresponds to the meaning of § 1 of the Regulation. on the exercise of civil justice in the Protectorate of Bohemia and Mäyre, of 14 April 1939. § 6 para. 2 of the draft provides for a certain restriction of this general rule for practical reasons, since the interim injunctions to be ordered in the course of an execution proceedings are to be issued by the Court of Execution, i.e. in the case of executions against members of the Protectorate regularly by a court of the protectorate (cf. § 1 point 2 of that regulation). concerning the exercise of the civil administration of justice in the Protectorate of Bohemia and Mäzren, dated 14 April 1939; § 387 E0.). § 4: § 4 para. 1 sentence 1 and probably also para. 2 - correspond to the already valid correctly applied .S0 right. However, it is still uncertain whether the courts of the protectorate will always decide according to the same principles. According to § 2 of the Law on the administration of justice in the Protectorate E 1939, the establishment would be another supervisor on a. On the other hand, these cases determine the submission of the court to be provided for by the decrees derogating from (ygl 8 18 dee Entw) which he