Thrace (Validity of Wills) Case

• Jurisdiction: Bulgaria
• Date: 01 January 1925
• Docket Number: Case No. 364
• Court: Obsolete Court (Bulgaria)

Court of Appeals of Thrace

Case No. 364

Thrace (Validity of Wills) Case.

Annexation — Occupied Enemy Territory.

The Law Applicable in the Occupied Territory — Form of Wills — Occupation and Annexation of Thrace by Greece.

The Facts.—This was an action brought by the beneficiaries under a will made in Thrace on 24 February, 1920, during the occupation of that part of Bulgaria by inter-allied troops. The will was drawn up by the Secretary of the Commune in the presence of seven witnesses, the testator having declared that he could not write. According to Article 89 of the Bulgarian Civil Code a testament made in this form was invalid.1 The appellants contended that Bulgarian law was not applicable during the inter-allied occupation. It appears from the judgment that by a law passed on 10 September, 1920, Thrace was declared to be annexed to Greece. The same law made applicable to Thrace the law of 18 February, 1913, on the administration of occupied territories, by virtue of which the existing Bulgarian laws remained in force except when contrary to public policy or when relating to mere questions of procedure. On 10 November, 1923, Greek law was introduced in its entirety. The Treaty of Lausanne,

which provided for the cession of that territory, did not enter into force before 6 August, 1924

Held: That the appeal must be dismissed...