Professor Kegel comments on arecent decision of the German Supreme Court ("Bundesgerichtshof" which is the court of last resort in Western Ger many for civil and criminal actions). The court's decision dealt with an action brought by a Chicago (Illinois) manufacturer for the price of choco late sold and delivered to the defendant in early 1954, the defendant then doing business in New Orleans (Louisiana). The greater portion of the price of $ 5. 000 had not been paid by the defendant. The action had been brought before a German court because the defendant had assets in Germany. The issue of...

A common type of litigation involves claims by executors and adminis trators or, in civil law countries, heirs and residuary legatees against donees who have received gifts mortis causa from a deceased. The transfer of property by way of gift follows different rules from those applied to testamentary dispositions. In particular, a will must be in writing, whereas a gift may be oral if followed by actual delivery. Since most gifts are made orally or, at least, do not satisfy the formal require ments of a testamentary disposition and, moreover, gifts mortis causa are often made shortly before...