its acceptance would abridge the complete equality with nationals that aliens enjoy under Latin
American law, with the exception of certain restrictions in frontier areas. The vote was 18 to none
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with 3 abstentions.
The interpretation of this provision, as of most of the others, is therefore based on that of
the relevant article of the Refugee Convention.
2.
Article 13 does not contain a requirement of domicile or residence for the enjoyment of
the rights conferred by it on stateless persons. In other words, it applies to stateless persons
regardless of whether they have their domicile or residence in the country in which they wish to
acquire property or elsewhere.
3.
Article 13 does not add much to the rights which stateless persons enjoy on the basis of
Art. 7 (1). The only difference consists in the recommendation to the Parties to give stateless
persons better treatment in this respect than that accorded “aliens generally”, wherever this is
possible. This was the meaning attached by the Ad Hoc Committee to the words “treatment as
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favourable as possible”.
4.
For the explanation of the words “aliens generally”, see the comments to Article 7; and for
those “in the same circumstances”, the comments to Article 6.
5.
The rights covered by Article 13 are fully enumerated: acquisition of movable and
immovable property, other rights pertaining to movable or immovable property (for instance, sale,
exchange, mortgaging, pawning, administration, income), and leases and other contracts relating
to such property.
Article 13 speaks of “rights pertaining” to property, not of “rights” as such. It must be
assumed that the word “property” is used in the broad sense of the word, including not only
tangible property but also the so-called “property rights”, for instance, securities, moneys,
bank accounts.
Article 14
Artistic rights and industrial property
In respect of the protection of industrial property, such as inventions, designs or models,
trade marks, trade names, and of rights in literary, artistic and scientific works, a stateless
person shall be accorded in the country in which he has his habitual residence the same
protection as is accorded to nationals of that country. In the territory of any other
Contracting State, he shall be accorded the same protection as is accorded in that territory
to nationals of the country in which he has his habitual residence.
1.
This article reproduces the exact wording of the same Article in the Refugee Convention.
Although the article was adopted by 21 votes to none, which 1 abstention (Belgium), the
representative of Denmark thought that his government might have to make a reservation to this
article, the representative of Sweden doubted that his government would be in a position to apply
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it unless the Swedish law was amended.
2.
The article differentiates between two groups of states: (a) the state of habitual residence
of the stateless person who claims the right, and (b) all other Contracting States. In the first
country he is accorded the same protection as nationals of the country: in the second, he is
granted the rights accorded to nationals of the country of his habitual residence. The scope of
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SR.6, p. 3.
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F/1618, Comments to Article 8. The Chairman of the Ad Hoc Committee expressed the idea in saying that the states
are invited to do their best (SR.13, para. 82). The French representative explained that the words constitute a
recommendation (SR.36, p. 10). The Ad Hoc Committee stated that the formula applied was "intended to assure that
refugees will, regardless of reciprocity, be treated at least as well as other aliens and to encourage countries to give them
better treatment where this is possible".
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SR.6, p. 3.