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505

§ 275.

Dnevementdar«se« jugements reiltifs aux navires Parchim (io7)„If theproperty did not pass OU shipment, it could not pass afterwatL whde the goods w*e in transitu so as to defeat the rightsTbeü ™Ï Property cannot sb pass after the outbreak of öeUl&ererttsSorfareren (198) :

,,In formmg my judgment upon the facts, I cannot come to anv other

nr^ndT ^ ^ the aU*ed agencv was ■» iövention, andX the pretended arrangement was made merely in order to attempt o cover up enemy goods by a transfer, in transitu, to neutrals" et Jeanns, Vera, Forsvik and Albania, n°. j (392) fcomp. S 31,1

saÏ7* dam * dëd8ion KralfilLet

mnMargareta (6i7), qui 1'appliqua également au dröitde lacöntrebande de guerre [comp. a ce sujet §§ 277 et 507] „It is well established as a principle öf prize law that during hOStllltieS

of uSE"*?* ******** ^ °f hSües' th* ^P^Kgot of beüigerent parties cannot change it§ national charaSef durhï t5 voyage, or, asit s commonly expressed, in traflSitü ; StiStïSSS

IndtZT^ tra^tU düring a ^ateofwarexistinrori^S and impendmg danger of war, the contract of the pmchSheldtevaHd

As Lord pngsdown said', in the judgment delivered in the Priw

there stated it in precise and unambiguous terms as foUows : , A neutral while a war is imminent, or after it has commenced, is at übertv to nuf chase either goods or ships (not being ships of war; comp ^ 22,^ from either belhgerent, and the purchase is valid, whetne?L§Sec of it be lying in a neutral port or in an ettemy's port. During a timéof peace, without prospect of war, any transfer whichï S to^mï fer the property between the vendor and vendee, is good also against t captor, if war afterwards unexpectedly break out. But in^ase^ar

ïtSlSfftï Th-***' fUle 15 SUbj6Ct t0 ^ficarS and t SS to hinnTh Ca3C+a mere *er by doc^nts whieh wotüd be suHiaiflt to bind the parties, is not sufficiënt to change the nronertv as against cantors, as long as the ship or goods remaTmtr^uT * He discusses two alternative grounds for the rule, one beingthat whde

aïnS V °n thC T8' the tiÜe of the vend<* cannot ^ actual delivery ; and the other that the ship and goods LviSlttrred

h?°^ f gh* °f caPture by km**** UMil the voyage ends He rives

SS- tö h trf ^cttóus fonng war, or in contemplation of war, are sohkely to be merely colourable, to be set up for the purpose of misleadïg « defrauding captors, the difficUlty Of detectihg such frandTif ™ paper transfers are held suffident, iJso greafS ZCw£h£™l down as a general rule, that SUCh transfeS Without JlalTS^^

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