Database
The immunities of States and international organisations
This database contains the original national contributions bringing together information on The immunities of States and international organisations
Information on the contribution
- Member State
- Portugal
- Themes
- Type of document
- Jurisprudence
- Permanent link to the contribution
- http://www.cahdidatabases.coe.int/C/Immunities/Portugal/1962/208
- Translations
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Database of the CAHDI "The immunities of States and international organisations" - contribution of Portugal - Jurisprudence of 27/02/1962
Database of the CAHDI "The immunities of States and international organisations" - contribution of Portugal - Jurisprudence of 27/02/1962
United States of America (State) v. Companhia Portuguesa de Minas, SARL (Private Company)
Author(ity)
Supreme Court (Supremo Tribunal de Justiça) – Appeal
Date of the decision, of the judgment
27/02/1962
Points of law
- immunity from jurisdiction of foreign States as to the generality of cases;- the only exceptions being express or tacit waiver and cases related to immovable property or forum hereditatis.
Summary of the case
In an appeal before the Supreme Court by the United States of America against a Portuguese private company, the Court considered that:Foreign States are entitled to immunity from jurisdiction as to the generality of cases that could be brought against them, even if acting as private law persons. Such immunity does not encompass the cases of express or tacit waiver and cases related to immovable property or forum hereditatis. Tacit waiver presupposes a concrete will by the author of the waiver and resort to judicial proceedings by a foreign State, namely in the case of a counterclaim cannot be considered as amounting to such waiver.
