ENEMY CHARACTER. 
for the first time in prize matters during the revolu- 
tionary period by the Le Hardy judgment, which 
definitely broke away from the traditional domicile 
doctrine. The rule was clearly stated there that a 
neutral citizen established in an enemy country does 
not acquire an enemy character, just as an enemy 
citizen domiciled in a neutral country does not lose 
his enemy character.® This principle was followed 
during the last war, the character of goods being made 
to depend on the nationality of their owners.” 
The national character of corporations is deter- 
mined by the place where they are established. 
But if the® corporation is only a branch of a 
Principal house having its head office in an enemy 
Country, the corporation will be treated as enemy: 
The Achilleus.® It has been contended by several 
recent writers that the rule which makes the charac- 
ter of a corporation depend on the place of its 
establishment has been departed from by the French 
Courts during the Great War, and the judgment of 
the Cour de Cassation in the leading case of Société 
franco-suisse des Conserves de Lenzbourg® is cited as 
a basis for this argument.® This case was, however, 
decided by application of the Decree of September 27, 
1914, which related to trading with the enemy. The 
Judgment of the Courts below, which was affirmed 
by the Cour de Cassation, expressly states that it would 
be impossible to attribute the enemy character to a 
Company duly registered in France, in accordance 
With French law. If this and similar companies were 
. © Judgment of the 18th Fructidor in the ninth year (1801), 
Pistoye & Duverdy, Traité des prises maritimes (1855), Vol. 1, p- 321. 
CL. The Johan (1870), Barboux, jurisprudence du Conseil des prises 
(1879), p. 101, and Article 28 of the Naval Instructions of 1916. 
7 The Martha-Bockhahn, [1919] J. O., March 2, 1919, 2348 
{Conseil d'Ttat). 
8 [1919], ibid., August 20, 1919, 8917 (Conseil d’Etat). 
° [1915] Dalloz, Jurisprudence Générale, 1916-1-44. 
Val ir Cobbett, Leading Cases on International Law (4th ed., 
7% i Welln, A Treatise on Private International 
; Ds 
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