Consorts Gregorian v Consorts Gregorian

• Jurisdiction: Egipto
• Docket Number: 27
• Date: 29 May 1929
• Court: Civil Tribunal (Egypt)

Egypt, Civil Court of Alexandria.

Case No. 27

Consorts Gregorian

and

Consorts Gregorian.

Recognition of Governments — Consequences of Non-Recognition — Applicability of Decrees of Non-Recognised Government Abrogating the Old Laws — Non-Recognition of Soviet Government by Egypt.

The Facts.—The plaintiffs asked the Court to declare that they were entitled to a certain part of the property left by their grandmother. They claimed to be Russian nationals and urged that Russian law as it existed before the revolution in 1917 should be applied for the determination of the issue. The defendants contended that the Russian law applicable to the case was not the law of the former Russian Empire but the law prevailing in Russia at the time of the action. The Soviet Government was not at that time recognised by Egypt.

Held: for the plaintiffs. The application of the old Russian law in disregard of its abrogation proclaimed by the Soviet Government was justified chiefly for two reasons:

(a) As the Soviet Republic was not recognised by Egypt, neither the new laws enacted by the Republic nor the abrogation of the old laws proclaimed by it, could be recognised.

(b) The Soviet Government itself had, under a circular letter of the People's Commissariat for Justice of 26 September, 1923 (No. 194), officially admitted that its legislation was not applicable to property rights of Russians residing abroad.

As to (a) the Court said: “It would be a juridical heresy to deny a State...