CHORZOW FACTORY CASE 1928 PDF

13th, CASE CONCERNING THE FACTORY AT CHORZÓWTHE IV. of the proceedings in the various cases concerning the Chorzów factory. The Chorzow Factory Case (, Germany v Poland.) Principle: It is a general principle of law as well as International law, that any breach of agreement. T H E FA C T O R Y AT C H O R Z O W (G E R M A N Y v.P O L A N D) 13 Sept. P.C.I.J. (ser. A) No. 17 TOPIC: Cases on Gener.

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Series A: Collection of Judgments (1923-1930)

Done in French and English, the French text being authoritative, at the Peace Palace, The Hague, this thirteenth day of September nineteen hundred and twenty-eight, in three choezow, one of which is to be placed in the archives of the Court, and the others to be factorj to the Chorzzow of the applicant and respondent Parties respectively. If the contract of December 24th,is to be regarded as genuine and effective, the Polish Government holds that, in order to determine the indemnity which may be due to the Oberschlesische, the rights of the Reich must first be eliminated ; and as it is of opinion that this can only be done in one way, namely, by the handing over by Germany to Poland of the shares of the Oberschlesische to favtory nominal value of no million marks, the Polish Government has in regard to this point made the following submission No.

According to this judgment the Court’s intention in Judgment No. The judgment of the Court in this action: Current Judges ad hoc.

Chorzow Factory Case (Merits) (PCIJ 1928, Ser. A, No. 17)

As a guarantee for the fulfilment of this obligation, the Reich would, even after expiration of the lien, retain possession of the shares and the exercise of all rights resulting from such possession. But damage and compensation being interdependent conceptions, the German claim assumed another aspect if it was no longer a question of compensating the Companies, but of compensating the State for the injury suffered by it.

He works as a lawyer and promotes legal knowledge and human right concept to the root level. The State must therefore, as far as itself is concerned, limit its claim to the moral or material damage directly caused to it. Under the contract, the whole of the factory for the production of nitrated lime, with the accessory installations, situated at Chorzow, was ceded by the Reich to the Oberschlesische at the price of approximately no million marks,—which price was calculated according to certain data indicated in the contract itself,—the Treuhand taking over, in the place of the Oberschlesische, as sole and independent debtor, all the obligations imposed by the contract upon the latter in regard to the Reich, and obtaining in consideration thereof, without payment, shares of the Oberschlesische—to the nominal value of , marks.

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Again, the interpretation of this article must take into account the economic conditions of which legal forms are merely an outward expression. On May 14th,the Bayerische brought an action against the Reich, claiming that the latter was bound to compensate the Company for the damage said to have been suffered by it, owing to certain alleged shortcomings with respect to the fulfilment of the contract of March 5th,and the additional contracts.

It is true that the amount of debts and other obligations, for which the injured person is responsible, must not be excluded ; but by this is meant only personal debts and other personal obligations. As the Court has said in Judgment No.

Cambridge University Press, Poland had violated the international agreement between Germany and Poland. The indemnities to be paid to the German Government, according to No. These questions have been decided by Judgment No. It is impossible to take as the date of assessment a date subsequent to dispossession, vhorzow it were the fault of the Respondent that the claim could not be brought earlier before the international tribunal.

After adding that larger payments in liquidation of the debt would be permissible at any time, the contract proceeded: It held that effect could not be given to the request of the German Government, since it was to be regarded as designed to obtain not the indication of measures of protection, but judgment in favour of a part of the claim formulated in the Application of February 8th, This principle, which is accepted in the jurisprudence of arbitral tribunals, has the effect, on the one hand, of excluding from the damage to be estimated, injury resulting for third parties from the unlawful act and, on the other hand, of not excluding from the damage the amount of debts and other obligations for which the injured party is responsible.

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To set a reading intention, click through to any list item, and look for the panel on the left hand side:. As regards the relations between the two Companies, the figures cannot be compared ; for from a financial point of view we have on the one hand a balance sheet for the Oberschlesische foror a question of capital, and on the other hand, for the Bayerische, a remuneration for the exploitation running as far as It does not involve any right to carry on the activities contemplated in the contract.

As regards the Oberschlesische: It seems that the problem may be solved in accordance with the following considerations. Huber Dissenting Opinion by M.

Chorzów Factory case – Wikipedia

It was on the basis, amongst other things, of the purely interstate character of the dispute decided by Judgment No. Altamira, Judge, declares that he is chorrzow to concur in the judgment of the Court as regards No. It is in fact a question of eliminating from the amount facyory this indemnity. Referring to this description, the Court points out that the Treuhand, and not the Reich, is legally the owner of the shares of the Oberschlesische, The Reich is the creditor of the Treuhand and in this capacity has a lien on the shares.

In my opinion the decision is very satisfactory as and it could not be any better. Until such time the shares chorzoq remain in possession of the Reich, which will continue to exercise all rights derived from possession of the shares, including the right to vote at general meetings of shareholders.

Loder Dissenting Opinion by M.

Chorzow Factory Case by Kirstin dela Cruz on Prezi

Both are factroy which have already been decided. So I think if I say there was no alternative approach I must be wrong but so far my limited knowledge sees the approach is very appropriate to the public policy.

The nonconformity of Poland’s attitude in respect of the two Companies with Article 6 and the cade articles of the Geneva Convention is established by No.