Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Y
Jessa Mariz R. Fernandez
4D
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The
Wolff:
If
This
3.
4.
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Great
Owner
CHOSES IN POSSESSION
CHOSES IN
ACTION
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There
Intangible
They
were given
ARTIFICIAL or
CONSTRUCTIVE situs.
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1.VESSELS,
Law of destination
Disposition or
alienation of goods in
transit
CHOSES IN ACTION
SITUS
1. DEBTS
a. Involuntary transfer or assignment
of a debt (garnishment)
b. Voluntary assignment or transfer of
credits
c. For taxation purposes
d. Administration of debts
CHOSES IN ACTION
SITUS
2. NEGOTIABLE
INSTRUMENTS
a. Negotiability of the
Instrument
b.
CHOSES IN ACTION
SITUS
3. CORPORATE STOCKS
a. Sales of corporate
stocks
c. Taxation in dividends
received by corporate
shares
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CHOSES IN ACTION
SITUS
4. FRANCHISES
5. GOODWILL OF A
BUSINESS, And
TAXATION
6. PATENTS,
COPYRIGHTS,
TRADEMARKS,
TRADENAMES AND
SERVICE MARKS
In the absence of a
treaty, protected by the
state that granted or
recognized them
Parties of the Union
C0nvention for the
Protection of Industrial
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Properties
ISSUES:
1. Is the Roppongi property divested
of its nature as property of public
dominion?
2. Is the Roppongi property
governed by Japanese laws pursuant
to the doctrine of lex situs?
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HELD
and its
with a
Hence,
should
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HELD:
The right of a foreign sovereign to acquire property, real or
personal, in a receiving state, necessary for the creation
and maintenance of its diplomatic mission, is recognized in
the 1961 Vienna Convention on Diplomatic Relations (Arts.
20-22). This treaty was concurred in by the Philippine
Senate and entered into force in the Philippines on
November 15, 1965.
In Article 31(a) of the Convention, a diplomatic envoy is
granted immunity from the civil and administrative
jurisdiction of the receiving state over any real action
relating to private immovable property situated in the
territory of the receiving state which the envoy holds on
behalf of the sending state for the purposes of the mission.
If this immunity is provided for a diplomatic envoy, with all
the more reason should immunity be recognized as regards
the sovereign itself, which in this case is the Holy See.
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The
It
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THANK
YOU !