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Play v Ruffin

International Law Reports Cited in Precedent Map Related
Vincent
JurisdictionFrance
Date13 mai 1946
Docket NumberCase No. 160
CourtCivil Tribunal (France)
France, Tribunal Civil de Rouen (Summary Jurisdiction).
Case No. 160
Play
and
Ruffin.

Belligerent Occupation — Respect for Private Property — Requisitions — Article 53 of Hague Convention.

The Facts.—This was an action by Auguste Play for the recovery of a motor-car. The car had been requisitioned by German forces in June 1940 and a receipt given for it. A few days later the German authorities had given the car to the defendant, Ruffin, requisitioning in turn a larger car belonging to the latter. The action was brought in the Court of Summary Jurisdiction on the ground that the seizure had been an act of spoliation. A summary procedure had been established for actions relating to spoliation by an Ordinance of April 21, 1945.

Held: that the Court had no jurisdiction. The requisition of a motor-car by a belligerent was legal. The Court said :

“In June 1940 Section III of the Regulations respecting the Laws and Customs of War on Land annexed to the Fourth Hague Convention of October 18, 1907, was undoubtedly in force. Article 42 of that diplomatic Convention provides that territory is considered to be occupied when it is actually placed under the authority of the hostile army. In general, privately owned movables cannot be seized as booty of war. But Article 53 of the same Convention lays down that appliances on land adapted...

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