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By Pieter Adriaanse

was mentioned through the Institut de Droit overseas at Siena 1 and lately, in 1954, it was once the important merchandise of the assembly of the Netherlands department of the overseas legislations organization 2. This research goals at contributing to the now not too huge literature at the topic. eleven. heritage One can't examine legislations and justice with out contemplating while the folk whom they crisis. and other people back can't be imagined with out emotions, political and social perspectives, and fiscal pursuits. The legislations couldn't exist with no one of these heritage. The background of varied acts of confiscation within the 20th century proves the big significance of the again­ flooring underlying those difficulties. Russian confiscations are within the gentle of the Bolshevist doctrine basically changing into intelligible of revolution; the M exicanization of the oil is in response to Mexican social improvement previous it; the confiscations which came about in Germany lower than the Nazi regime has to be understood because the final result of a undeniable ideology; regrettably confiscations as a result of operations in time of conflict are self-explana­ tory. A unmarried university of inspiration governs every one alike: rights of people are thought of of much less and no more significance. It used to be no longer unintentionally that the infringement of personal estate, significantly within the nice political upheavals, usually went hand in hand with a dedining curiosity within the safeguard of the person freedom. the place the nation infringes the proprietary rights of people, it is going to much more effectively do almost like regards own freedom.

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P. 1949-1950, 479; Hottmann v. Dralle, Clunet 1950, 748. • Cour de Cassation 15-12-1936, S. 104, D. 63. • Ann. Dig. 1941-1942,240. • Ann. Dig. Suppl. , 153. 42 PRELIMINARY TOPICS of Swedish law. The latter point was of great importance. The Swedish Supreme Court, adjudicating upon a purely confiscatory nationalization, which involved an Esthonian ship (the Toomaswhichsailed when thenationaIization deClee was enacted) stated explicitly, that such a confiscation could not have extraterritorial effect.

The Realistic Approach Squarely opposed to the strictly dogmatic point of view is the realistic approach. This school of thought might also be denoted as the legal reality point of view, astandpoint strongly upheld especially by Dickinson. Swiss case law represents the purest example of it. Dutch case law too - after some hesitations is based on this view. e. in the sphere of the law of nations governing the mutual relations between states and administrations. The law of an unrecognized government should be recognized as such by the judiciary as soon as that government can be considered effective.

In World War II as weil measures were taken similar to those in World War I. Measures of a different kind, however, also came into being. During the last war a good deal of cases arose out of certain expropriatory decrees of the governments- in-exile 1. The fact is that these governments had to face the necessity of having to prevent the property of their subjects from falling into German hands. Thus on May 24, 1940 the Netherlands Government issued the well-known A I Decree, providing that the property of Dutchmen (and legal persons) resident in occupied territory should pass into the hands of the Dutch government.

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