Ottoman Public Debt v Bauer and Marchal

CourtCivil Tribunal (France)
Date18 avril 1934
French Civil Tribunal
Ottoman Public Debt
Bauer and Marchal.

Organs of International Administration — Council of the Ottoman Debt — Legal Status before French Courts — Action for Debt — Security for Costs — Peculiar Juridical Status of Council of Ottoman Public Debt — Distribution of the Turkish Debt — Treaty of Lausanne.

See Ottoman Public Debt v. Bauer and Marchal, decided on April 18, 1934, by the French Civil Tribunal of the Seine (Gazette des Tribunaux, November 25–27, 1934, with the pleadings of the Deputy Attorney—General). In this case, which it is not necessary to report in detail, the Court held that the Council of the Ottoman Debt as set up by the Treaty of Lausanne was not, in view of the fact that French interests were represented on it and in view of the functions conferred upon it by the Treaty, under an obligation to deposit security for costs on the same footing as other alien plaintiffs.1

1 In French legal procedure, cautio judicatum solvi (security for costs) is required from all plaintiffs who are foreigners. The reasoning of the Court is that the Council of the Ottoman Public Debt, not being a “foreign” plaintiff, need not give this security.

Before 1914, the Council of the Ottoman Public Debt already had a civil but not an international personality, having been created not by a diplomatic international convention...

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