Re Soovik, Lilles v Public Notary

JurisdictionRusia
CourtObsolete Court (USSR)
Docket Number170
Date22 April 1948
U.S.S.R., Supreme Court, College for Civil Cases.
Case No. 170
In re Soovik; Lilles
and
Public Notary.

Belligerent Occupation — Nature and Effects of — Respect of Local Law — Contracts Concluded by Private Parties During Occupation — Russian Law.

The Facts.—The plaintiff, one Lilles, on January 18, 1944, concluded a contract with an old lady named Soovik on the territory of the Estonian S.S.R. which was then occupied by Germany. In that contract she agreed to maintain Soovik, who in return devised all her property to Lilles. Soovik died on July 21, 1946. Lilles applied to the Public Notary for a certificate confirming her right to inherit a house which had belonged to Soovik. The Notary refused to issue the certificate. Lilles thereupon brought an action in the People's Court for the 1st Precinct of the City of Pyarnu (Estonian S.S.R.). That Court rejected her claim on March 1, 1947, and the Supreme Court of the Estonian S.S.R. affirmed its decision on April 30, 1947. Both Courts held that the contract on which plaintiff's claim was based was invalid under Soviet law. Lilles now appealed to the Supreme Court of the U.S.S.R.

Held: that the decision of the lower Court must be set aside, and the case returned for rehearing to the People's Court of the 1st Precinct of the City of Pyarnu in the Estonian S.S.R. The rejection of the claim was unjustified, seeing that an Order of the Plenum of the Supreme Court of the U.S.S.R., dated December 1, 1944, No. 17 (11)y, entitled “Trial by Courts of cases...

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