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The Work of the Joint International Commission on Panama Claims

Published online by Cambridge University Press:  04 May 2017

Extract

The questions presented to the Joint International Commission appointed under the terms of Articles VI and XV of the treaty between the United States of America and the Republic of Panama, ratified February 26, 1904, were of so unusual a character that a brief statement of the principles formulated by the Commission will probably be of interest to students of international law.

Type
Research Article
Copyright
Copyright © American Society of International Law 1914

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References

1 Attention is called to the rule of the Commission, dated August 4, 1913, whereby in all matters affecting the rights of private parties, the treaty between the United States of America and the Republic of Panama is to be referred to as of the date of the exchange of ratifications, to-wit, February 26, 1904.

2 1 Canal Zone Supreme Court Reports, 64.

3 Ibid, 75.

4 Art. 739. The owner of land upon which another person without his knowledge shall have built, planted or sowed, shall have a right to make the building, planting or sowing his own, upon the compensation prescribed in favor of possessors in good or bad faith in the title of Revendication, or to oblige the person who built or planted to pay him a just price for the land with legal interest, for all the time he may have had possession thereof, and the one who sowed to pay him the rental and indemnify him for damages.

If the building, planting or sowing shall have taken place with the knowledge and consent of the owner of the land, he shall be obliged, in order to recover it, to pay the value of the building, planting or sowing. (Civil Code of Panama, p. 166.)

5 Attention is called to the rule of the Commission, dated August 4, 1913, whereby in all matters affecting the rights of private parties, the treaty between the United States of America and the Republic of Panama is to be referred to as of the date of the exchange of ratifications, to-wit, February 26, 1904.