Re RM (Married Persons)

JurisdictionAustria
CourtObsolete Court (Austria)
Court of Peace (Austria)
Re RM (Married Persons)

Treaties — Termination of — Clausula rebus sic stantibus — Changed Conditions — Treaties Providing for Recognition of Foreign Judgments — Effect of Fundamental Change in the Foreign Law.

In the case of Re R.M. (Married Persons), decided on March 26, 1941, in which recognition of a decree of divorce granted on April 6, 1939, by the Court of the Peace of Wien-Hietzing (Austria, then under German rule) was sought, the Court of Appeal of Zürich, Switzerland, observed: “Prima facie the régime established by the Swiss-German Agreement of November 2, 1929, respecting the reciprocal recognition and enforcement of judgments applies. In view of the very material changes in Germany's divorce law since the date of the...

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