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Ciro Ferreira Aquino v Nestor P Aristicabal

International Law Reports Citado por Precedent Map Related
Vincent
Data09 Novembro 1955
ÓrgãoState Court (Brazil)
Brazil, Court of Justice of Prto Alegre.
Ciro Ferreira Aquino
and
Nestor P. Aristicabal.

Consuls Privileges and Immunities of Consular Premises The Law of Argentina.

The Facts.The plaintiff requested that notice be served on Nestor P. Aristicabal, Consul of Argentina in So Borja (State of Rio Grande do Sul, Brazil), in order to recover property owned by the plaintiff and rented to the defendant for use as the Argentine Consulate. The Court of first instance declared itself without competence on the ground that there were interests of another country at stake seeing that a foreign Consulate was involved. According to Article 55 of the Code of Judicial Organization of the State, actions to which foreign countries and persons domiciled abroad are parties, are subject to the exclusive jurisdiction of the capital of the State. The plaintiff appealed. The State Attorney gave an opinion to the effect that leave to appeal should be granted on the ground that a consulate cannot strictly be considered as a foreign country.

Held: that the appeal must be allowed. Consuls are not direct representatives of the sovereignty of their State, as is the case with diplomatic envoys, nor do they...

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