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Cassan v. Koninklijke Nederlansche Petroleum Maatschappij.

France.  25 January 1966 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Jurisdiction — Territoral — Over territory in general and persons and property situated therein — Territorial limits of jurisdiction — Expropriation of alien property — Dutch war-time legislation providing for validation and possible forfeiture of share certificates issued during German occupation — Issue of new share certificates to Dutch State in place of those forfeited — Action by French national in France for delivery of new share certificate by company — Dutch war-time legislation pleaded — Whether contrary to French ordre public — Whether tantamount to expropriation without compensation — Whether affecting share certificates situated outside Dutch territory — Situs of rights of shareholders — Law governing relation between shareholder and company — Whether law of place of corporate seat — Whether law of place where share certificates situated — The Law of France.

State responsibility — Nature and kinds of — For taking of, or interference with, property — Dutch war-time legislation providing for validation and possible forfeiture of share certificates issued during German occupation — Issue of new share certificates to Dutch State in place of those forfeited — Action by French national in France for delivery of new share certificates by company — Dutch war-time legislation pleaded — Whether tantamount to nationalization without compensation — Whether contrary to French ordre public — The law of France.

States as international persons — Recognition of acts of foreign States and Governments — Ordre public — Dutch war-time legislation providing for validation and possible forfeiture of share certificates issued during German occupation — Issue of new share certificates to Dutch State in place of those forfeited — Action by French national in France for delivery of new share certificates by company — Dutch war-time legislation pleaded — Whether contrary to French ordre public — The law of France.

Type
Case Report
Copyright
© Cambridge University Press 1974

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