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Belgian State v. Swedish State. 42 Revue critique de droit international privé (1953) 132

Published online by Cambridge University Press:  20 April 2017

Abstract

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Type
Judicial Decisions
Copyright
Copyright © American Society of International Law 1953

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References

1 See also Re Maldonado, [1953] 2 All Eng. 300 (Probate, Divorce and Admiralty Division, May 22, 1953), where the court held that Spain, rather than England, should receive the personal property in England left by a Spanish national domiciled in Spain who died intestate leaving no heirs. The court held that under Spanish law, which governed as the law of the domicile of decedent, the Spanish state took as “ultimate heir” rather than as bona vacantia, which would have been the case if English law applied. Therefore there was an “heir,” and the property was not “ownerless.” The court rejected the argument that Spain was trying to make itself owner of property in England or seeking to exercise its sovereignty in England.