. NMT06-T0680
Volume VI · Page 680
| Article 2 lays down the special
legal guarantee that in case of nonagreement of the parties as to the amount
and kind of compensation, the ordinary courts would have to make a decision in
legal proceedings of two instances, as provided for already in the Law
concerning Conversion of Capital, in force probably since 1934. On the other hand, the ordinance of 31 December 1938 contains: a. 24 articles of the most variated contents and containing a regulation of an altogether general character; it contains — compare Military Government Law No. 52 b. the appointment of trustees in general c. by the higher administrative agencies (cf. Article 17) d. both for administration and disposition e. with competences generally defined. It contains: f. neither the rule that the trustee can dispose of a property only in exchange for the appropriate price i.e., the full value, g. nor the legal guarantee that in case of nonagreement of the parties the value has to be fixed by the ordinary courts in legal proceedings of two instances. Luebeck, 15 July 1947 |
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| [Signed] HUGO DIETRICH |
