66854-1920-Treaty-of-Peace-Austria-Order-1920 — Page 18

THE HONGKONG GOVERNMENT GAZETTE, NOVEMBER 12, 1920. 409

At the instance of the national of the Allied or Associated Power the compensation above mentioned may, upon order to that effect of the Mixed Arbitral Tribunal, be effected. where it is possible by replacing the parties in the situation which they occupied before the judgment was given by the Austrian Court.

The above compensation may likewise be obtained before the Mixed Arbitral Tribu- nal by the nationals of Allied or Associated Powers who have suffered prejudice by judi- cial measures taken in invaded or occupied territories, if they have not been otherwise. compensated.

ARTICLE 255.

For the purpose of Sections III, IV, V and VII, the expression during the war" means for each Allied or Associated Power the period between the commencement of the state of war between that Power and the former Austro-Hungarian Monarchy and the coming into force of the present Treaty.

ANNEX.

İ. - GENERAL PROVISIONS,

I. Within the meaning of Articles 251, 252 and 253, the parties to a contract shall be regarded as enemies when trading between them shall have been prohibited by or otherwise became unlawful under laws, orders or regulations to which one of those parties was subject. They shall be deemed to have become enemies from the date when such trading was prohibited or otherwise became unlawful.

2. The following classes of contracts are excepted from dissolution by Article 251, and, without prejudice to the rights contained in Article 249 (6) of Section IV, remain in force subject to the application of domestic laws, orders or regulations made during the war by the Allied and Associated Powers and subject to the terms of the contracts:

(a) Contracts having for their object the transfer of estates or of real or personal property where the property therein had passed or the object had been delivered before the parties became enemies;

(6) Leases and agreements for leases of land and houses;

(e) Contracts of mortgage, pledge or lien ;

(d) Concessions concerning mines, quarries or deposits;

(2) Contracts between individuals or companies and States, provinces, munici- palities or other similar juridical persons charged with administrative functions, and concessions granted by States, provinces, municipalities or other similar juridical persons charged with administrative functions.

3. If the provisions of a contract are in part dissolved under Article 251, the remain- ing provisions of that contract shall, subject to the same application of domestic law as is provided for in paragraph 2, continue in force if they are severable, but where they are not severable the contract shall be deemed to have been dissolved in its entirety.

JI. PROVISIONS RELATING to Certain Classes of CoNTRACTS,

Stock Exchange and Commercial Exchange Contracts,

1.-(a) Rules made during the war by any recognised Exchange or Commercial Association providing for the closure of contracts entered into before the war by an enemy are confirmed by the High Contracting Parties, as also any action taken there- under, provided:

(1) that the contract was expressed to be made subject to the rules of the

Exchange or Association in question;

(2) that the rules applied to all persons concerned;

(3) that the conditions attaching to the closure were fair and reasonable.

(b) The preceding paragraph shall not apply to rules made during the occupation by Exchanges or Commercial Associatious in the districts occupied by the enemy.

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