Abstract
In our study we have attempted to trace the standards applied by the courts to questions of confiscation. We have weighed the pros and cons of these standards. Some decisions proved to have confined themselves to the case at issue; in others, however, more general principles were laid down. Since legislation on this point is lacking in most countries we framed some rules which should be regarded as self-supporting rules of private international law. Several decisions rendered valuable support to our opinion.
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References
Oppenheim-Lauterpacht, I, 318.
Annuaire 1950 (Bath) I, 42; 1952 (Siena) II, 251.
An argumentum a contrario is not presented by the fact that after World War II several compensation-agreements came into force where compensation was not sufficient. Here the reasoning was rather that half a loaf was better than no bread; cf. also Kollewijn, N.J.B. 1954, 452.
Annuaire 1950 (Bath) I, 102.
Private versus public international law, A.J.I.L. 1942, 448.
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© 1956 Springer Science+Business Media Dordrecht
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Vrije Universiteit te Amsterdam., Adriaanse, P. (1956). Epilogue. In: Confiscation in Private International Law. Springer, Dordrecht. https://doi.org/10.1007/978-94-011-8915-6_6
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DOI: https://doi.org/10.1007/978-94-011-8915-6_6
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