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Philippine Bar review · Question

Practice question: Diplomatic and Consular Law

Multiple Choice Medium

Practice question

A duly accredited diplomatic agent, neither a national nor permanent resident of the receiving State, is sued in a real action over land there that he owns privately and does not hold for mission purposes. There is no special agreement expanding immunity. Which VCDR rule applies?
  1. No exception can ever apply to civil jurisdiction.
  2. The private-immovable-property exception in Article 31(1)(a) applies.
  3. Only the sending State's courts can ever hear any property dispute.
  4. The action automatically waives immunity in all criminal cases.
  5. The receiving State may arrest him merely because the civil action exists.

Legal references

  • Vienna Convention on Diplomatic Relations (1961), Articles 22, 29, 31–32, https://legal.un.org/ilc/texts/instruments/english/conventions/9_1_1961.pdf
  • Vienna Convention on Consular Relations (1963), Articles 36, 41 and 43, https://legal.un.org/ilc/texts/instruments/english/conventions/9_2_1963.pdf

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