Bayetto v Enregistrement

JurisdictionFrance
CourtCivil Tribunal (France)
Date28 février 1946
Docket NumberCase No. 10
France, Tribunal Civil of Nice.
Case No. 10
Bayetto
and
Enregistrement.

Unions of States — Principality of Monaco — Relationship with France — Status of Monaco in War to which France a Party.

The Facts.—This was an action by Bayetto, an Italian national resident in Monaco, to recover property which had been sequestrated on January 15, 1946, as enemy property. Plaintiff contended that Article 7 of the Ordinance of October 5, 1944, concerning the sequestration of enemy property provided that the property of enemy nationals resident in unoccupied France or in an allied country shall not be subject to sequestration. The Administration d'Enregistrement contended that Monaco was a neutral, not an allied country, and that plaintiff's property was therefore subject to sequestration.

Held: that the sequestration must be rescinded. The relationship of Monaco to France was at least as close as that of an ally. The Court said :

“On July 17, 1918, a treaty was concluded between the Principality of Monaco and France with the intention of completing the treaties and conventions regulating their relations. Article 1 of that treaty provided that the Government of the Republic will defend the independence and sovereignty of Monaco and guarantee the integrity of its territory as if it formed part of France. In return the Government of the Prince undertakes to exercise the rights of sovereignty in perfect conformity with the political, military, naval and economic interests of France. Article 2 provides that measures concerning the international relations of the Principality should always be the object of a preliminary...

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