of such settlement shall be the average rate quoted on the Geneva Exchange during the month preceding November 11, 1918. There may be established in the territories referred to in Article 51, for the settlement of the aforesaid debts under the conditions laid down in Section III of Part X (Economic Clauses) of the present Treaty, a special Clearing Office, it being understood that this Office shall be regarded as a "Central Office" under the provisions of paragraph 1 of the Annex to the said Section. Text of May 7: There shall be established in the territories referred to in Article 51, for the settlement of the aforesaid debts under the conditions laid down in Section III of Part X (Economic Clauses) of the present Treaty, a special clearing office, it being understood that this office shall be regarded as a "central office" under the provisions of paragraph I of the Annex to the said Section. ARTICLE 73. The private property, rights and interests of Alsace-Lorrainers in Germany will be regulated by the stipulations of Section IV of Part X (Economic Clauses) of the present Treaty. ARTICLE 74. The French Government reserves the right to retain and liquidate all the property, rights and interests which German nationals or societies controlled by Germany possessed in the territories referred to in Article 51 on November 11, 1918, subject to the conditions laid down in the last paragraph of Article 53 above. Germany will directly compensate her nationals who may have been dispossessed by the aforesaid liquidations. The product of these liquidations shall be applied in accordance with the stipulations of Sections III and IV of Part X (Economic Clauses) of the present Treaty. Note to III, 74 The Arbitral Tribunal of Interpretation on January 29, 1927 decided that the annuities under the Experts' (Dawes) Plan did not include indemnities payable after September 1, 1924 to German nationals, by reason of the retention, liquidation, or transfer of property, rights or interests under articles 74; 145; 156; paragraph 2 (combined with paragraph 2 of the protocol of June 28, 1919); 260; 297 (i). By article 8,B,d, of the Finance Ministers' Agreement of January 14, 1925 and an award of the Arbitral Tribunal of Inter Note to III, 74—Continued pretation dated March 24, 1926, transfers to be effected by Germany to France under this article in execution of a decision of the Council of the League of Nations of June 21, 1921 were included in the annuities prescribed by the Experts' (Dawes) Plan. Gross liquidation up to July 1, 1920 amounted to an estimated 700,000,000 francs. ARTICLE 75. Notwithstanding the stipulations of Section V of Part X (Economic Clauses) of the present Treaty, all contracts made before the date of the promulgation in Alsace-Lorraine of the French decree of November 30, 1918, between Alsace-Lorrainers (whether individuals or juridical persons) or others resident in Alsace-Lorraine on the one part and the German Empire or German States and their nationals resident in Germany on the other part, the execution of which has been suspended by the Armistice or by subsequent French legislation, shall be maintained. Nevertheless, any contract of which the French Government shall notify the cancellation to Germany in the general interest within a period of six months from the date of the coming into force of the present Treaty, shall be annulled except in respect of any debt or other pecuniary obligation arising out of any act done or money paid thereunder before November 11, 1918. If this dissolution would cause one of the parties substantial prejudice, equitable compensation, calculated solely on the capital employed without taking account of loss of profits, shall be accorded to the prejudiced party. With regard to prescriptions, limitations and forfeitures in Alsace-Lorraine, the provisions of Articles 300 and 301 of Section V of Part X (Economic Clauses) shall be applied with the substitution for the expression "outbreak of war" of the expression "November 11, 1918", and for the expression "duration of the war" of the expression "period from November 11, 1918, to the date of the coming into force of the present Treaty". ARTICLE 76. Questions concerning rights in industrial, literary or artistic property of Alsace-Lorrainers shall be regulated in accordance with the general stipulations of Section VII of Part X (Economic Clauses) of the present Treaty, it being understood that AlsaceLorrainers holding rights of this nature under German legislation ২ will preserve full and entire enjoyment of those rights on German territory. Note to III, 76 The French laws with respect to industrial, literary, and artistic property were introduced into Alsace-Lorraine by a decree of February 10, 1920. ARTICLE 77. The German Government undertakes to pay over to the French Government such proportion of all reserves accumulated by the Empire or by public or private bodies dependent upon it, for the purposes of disability and old age insurance, as would fall to the disability and old age insurance fund at Strasburg. The same shall apply in respect of the capital and reserves accumulated in Germany falling legitimately to other social insurance funds, to miners' superannuation funds, to the fund of the railways of Alsace-Lorraine, to other superannuation organisations established for the benefit of the personnel of public administrations and institutions operating in Alsace-Lorraine, and also in respect of the capital and reserves due by the insurance fund of private employees at Berlin, by reason of engagements entered into for the benefit of insured persons of that category resident in Alsace-Lorraine. A special Convention shall determine the conditions and procedure of these transfers. ARTICLE 78. With regard to the execution of judgments, appeals and prosecutions, the following rules shall be applied : Text of May 7: With regard to the execution of judgments, orders and prosecutions, the following rules shall be applied: (1) All civil and commercial judgments which shall have been given since August 3, 1914, by the Courts of Alsace-Lorraine between Alsace-Lorrainers, or between Alsace-Lorrainers and foreigners, or between foreigners, and which shall not have been appealed from before November 11, 1918, shall be regarded as final and susceptible of immediate execution without further formality. When the judgment has been given between Alsace-Lorrainers and Germans or between Alsace-Lorrainers and subjects of the allies 695852 0-47-14 of Germany, it shall only be capable of execution after the issue of an exequatur by the corresponding new tribunal in the restored territory referred to in Article 51. (2) All judgments given by German Courts since August 3. 1914, against Alsace-Lorrainers for political crimes or misdemeanours shall be regarded as null and void. (3) All sentences passed since November 11, 1918, by the Court of the Empire at Leipzig on appeals against the decisions of the Courts of Alsace-Lorraine shall be regarded as null and void and shall be so pronounced. The papers in regard to the cases in which such sentences have been given shall be returned to the Courts of Alsace-Lorraine concerned. All appeals to the Court of the Empire against decisions of the Courts of Alsace-Lorraine shall be suspended. The papers shall be returned under the aforesaid conditions for transfer without delay to the French Cour de Cassation, which shall be competent to decide them. (4) All prosecutions in Alsace-Lorraine for offences committed during the period between November 11, 1918, and the coming into force of the present Treaty will be conducted under German law except in so far as this has been modified by decrees duly published on the spot by the French authorities. (5) All other questions as to competence, procedure or administration of justice shall be determined by a special Convention between France and Germany. Note to III, 78 The special convention between France and Germany concerning judicial questions, stipulated in paragraph 5, was concluded at BadenBaden May 5, 1920 and entered into force November 28, 1920 (8 League of Nations Treaty Series, p. 55). ARTICLE 79. The stipulations as to nationality contained in the Annex hereto shall be considered as of equal force with the provisions of the present Section. All other questions concerning Alsace-Lorraine which are not regulated by the present Section and the Annex thereto or by the general provisions of the present Treaty will form the subject of further conventions between France and Germany. ANNEX. As from November 11, 1918, the following persons are ipso facto reinstated in French nationality: (1) Persons who lost French nationality by the application of the Franco-German Treaty of May 10, 1871, and who have not since that date acquired any nationality other than German; (2) The legitimate or natural descendants of the persons referred to in the immediately preceding paragraph, with the exception of those whose ascendants in the paternal line include a German who migrated into Alsace-Lorraine after July 15, 1870; (3) All persons born in Alsace-Lorraine of unknown parents, or whose nationality is unknown. 2. Within the period of one year from the coming into force of the present Treaty, persons included in any of the following categories may claim French nationality: (1) All persons not restored to French nationality under paragraph 1 above, whose ascendants include a Frenchman or Frenchwoman who lost French nationality under the conditions referred to in the said paragraph; (2) All foreigners, not nationals of a German State, who acquired the status of a citizen of Alsace-Lorraine before August 3, 1914; (3) All Germans domiciled in Alsace-Lorraine, if they have been so domiciled since a date previous to July 15, 1870, or if one of their ascendants was at that date domiciled in Alsace-Lorraine; (4) All Germans born or domiciled in Alsace-Lorraine who have served in the Allied or Associated armies during the present war, and their descendants; (5) All persons born in Alsace-Lorraine before May 10, 1871, of foreign parents, and the descendants of such persons; (6) The husband or wife of any person whose French nationality may have been restored under paragraph 1, or who may have claimed and obtained French nationality in accordance with the preceding provisions. The legal representative of a minor may exercise, on behalf of that minor, the right to claim French nationality; and if that right has not been exercised, the minor may claim French nationality within the year following his majority. |