STÁTNÍ TAJEMNÍK U ŘÍŠSKÉHO PROTEKTORA V ČECHÁCH A NA MORAVĚ, PRAHA, inv. 357, sig. 109-4/102 Page 68 · 68 of 21
STATE SECRETARY FOR THE RUSSIAN PROTECTOR IN THINGS AND IN MORAVA, PRAGUE, inv. 357, sig. 109-4/102
English Translation
12/ - 7 - Deposit cases of § 1425 ABGB as adverse as German parties were then forced to effect Hinterlegu- in the courts of the Protectorate. § l3 soli close this gap, The effectiveness of a deposit should be fundamentally dependent on the observation of the jurisdictional regulations - in general not dependent. Section of the VO deals primarily with questions arising from the establishment of German jurisdiction in the Protectorate for the proceedings of the courts. He first makes it clear how the courts should proceed in the examination of whether their jurisdiction is given (S§ 14,l5); then he provides that the deficiencies associated with the exceeding of jurisdiction heal under certain conditions (§ 16); finally, §8 17 and 18 arrange the procedure which the courts have to apply if they do not consider their jurisdiction to be given.isäxs owZu § l4: The rule speaks of the law which is correctly applied, as it is already observed throughout in the legal proceedings of the German courts. The express clarification is required with regard to the partially different jurisprudence of the protectorate courts. § 15: According to § 7 of the German Law on German jurisdiction in the Protectorate of Bohemia and Moravia from April 1, 1939 (RGBl. I, p.752), the German jurisdiction over the courts of the Protectorate is excluded from any prohibition before the German courts. on the exercise of the civil administration of justice in the Protectorate of Bohemia and Moravia of 14 April 1939, in turn, German citizens of the state may submit to the jurisdiction of the Protectorates by admission to the trial of the main matter in respect of such matters in which they can submit to them. the rule of jurisprudence that the courts in the Protectorate shall have jurisdiction even before the oral proceedings and, if necessary, immediately, without at all having to give a preliminary ruling on the main matter; the relationship between the aforementioned provisions and, in particular, Articles 4l et seq. JN. and Article 3 of the Regulation. on the German jurisdiction E20