Gumbiai v Bernataviciai

• Jurisdiction: Lituania
• Docket Number: Case No. 293
• Date: 06 June 1929
• Court: Supreme Court (Lithuania)

Lithuania, Supreme Court.

Case No. 293

Antanas and Jadviga Gumbiai

and

Bernataviiai.

Occupation of Foreign Territory Tribunals Instituted by the Occupying Power Binding Force of Decisions Rendered by the Tribunals during Occupation.

The Facts.During the occupation of part of Lithuanian territory by Poland in 1918 and 19191 a lawsuit was pending between the defendants and their father concerning certain landed property. This litigation was brought to an end by a compromise reached in November, 1919, before a tribunal established by the occupying Power. The plaintiffs now tried to re-open certain points covered by the settlement reached before that tribunal and recorded by it as binding.

The Court of first instance held that the protocol embodying the settlement was an informal document. The reason given by the Court was that Lithuania had never recognised the Polish occupation.

Held (on appeal): that the judgment of the Court of first instance must be reversed. The amicable settlement of a law suit before the tribunal set up by the occupant was, according to the law at that time in force in the territory (i.e., Russian law), equivalent to a valid judgment. According to the relevant Hague Convention the occupant was bound to ensure the observance of the public order and to apply the laws in force in the territory. The occupying Power was therefore bound

to institute tribunals in order to...