After the end of the Second World War in Europe (1939-45) and the decisions of the previous conferences in Tehran, Casablanca and Canta, the Allies had taken the highest authority over Germany by the Berlin Declaration of 5 June 1945. At the Berlin Tripartite Conference (formal title of the Potsdam Conference) from 17 July to 2 August 1945, they approved the minutes of 1 August 1945 signed at Cecilienhof Castle in Potsdam. The signatories were General Secretary Joseph Stalin, President Harry S. Truman and Prime Minister Clement Attlee, who had replaced Winston Churchill as the UK`s representative following the 1945 British general election. The three powers also agreed to invite France and China to participate as members of the Council of Foreign Ministers created to follow up on the agreement. The provisional government of the French Republic accepted the invitation on August 7 with the decisive reservation that it would not accept a priori any commitment to a possible re-establishment of a central government in Germany. A tacit contract is a legally binding obligation resulting from acts, practices or circumstances of one or more parties in an agreement. It has the same legal force as an explicit contract, which is a contract that is voluntarily concluded and agreed by two or more parties, orally or in writing. On the other hand, the tacit contract is presumed not to need written or oral confirmation.
On 2 August 1945, the Potsdam Agreement, proclaimed at the end of the Potsdam Conference, agreed, among other things, on the first conditions under which the Allies of the Second World War were to govern Germany. A temporary German-Polish border, known as the Oder-Neisse Line, theoretically assigned most of Germany`s eastern provinces to Poland and the Soviet Union as part of this “provisional border”. The German population in these areas was either displaced or killed. These agreements were provisional and the agreement provided that the situation would be concluded by “a peace settlement for Germany, which shall be accepted by the German Government if an appropriate government was set up for this purpose” (Potsdam Agreement 1.3.1). Parts of these agreements have been the subject of controversy from several sources, for example. B Churchill`s comment on “the Polish goose to be filled” (by the German countries). The general “German question” became one of the most important and decisive issues of the long-standing Cold War, and until the late 1980s little progress had been made in forming a single German government sufficient to reach a final agreement. This meant that Germany, in some ways (largely, but not only technically), was not violating full national sovereignty.
[4:42-43 The three governments have taken note of the talks that have taken place in recent weeks in London between British, American, Soviet and French representatives, in order to reach an agreement on the methods of trial of major war criminals whose crimes have no particular geographical location, in accordance with the Moscow Declaration of October 1943. The three governments reaffirm their intention to bring these criminals to justice promptly and safely. They hope that the negotiations in London will lead to a speedy agreement to this effect and believe that it is very important that the trial of these serious criminals begin as soon as possible. The first list of accused will be published before 1 September. The agreement, as communicated, was not a treaty of international law, although it created a fait accompli. It was replaced by the Treaty on the Definitive Arrangements for Germany, signed on 12 September 1990. .