死者(莫登娜达——译者注)是一个西班牙国民,在西班牙有住所,但旅居英国.有一笔可观的动产,她未留遗嘱,也没有亲属.按照西班牙的法律,西班牙国家是她唯一的全部财产继承人.西班牙主张有权对位于英国的死者的动产进行管理,而(英国)财政部法律顾问则主张,在英国的这一动产是“无主财产”,应属于英王:——英国上诉法院认为,只有在这样情况下,该财产才能作为“无主财产”,属于英王:根据外国住所地法,一死者没有继承人;或者,该住所地国对财产主张权利,不是以继承人的身份,而是以“王室特权”为根据(英国法不承认其具有域外效力).然而,根据死者住所地的有关法律,西班牙国家是“最后继承人”,是真正的继承人.按照“动产随人”的原则,位于英国的死者财产属于西班牙国家. 在适用该原则时,没有理由区分与死者有私人关系的继承人和其他的个人或团体,包括国家(国家依死者住所地法是合法继承人).按照死者住所地法,西 The deceased, a Spanish national, has a domicile in Spain but resides in the United Kingdom, has a considerable amount of movable property, she has no wills and no relatives.According to Spanish law, the Spanish state is her The sole and sole heir of all kinds of property, Spain advocates the right to regulate the movable property of the deceased person in the United Kingdom, and the Legal Adviser to the Ministry of Finance (UK) argued that this movable property in the United Kingdom is “masterless property” and should belong to the King: - The English Court of Appeal held that only under such circumstances could the property be regarded as a “sovereign property” and that it belonged to the King: according to the law of foreign domicile, a deceased person had no heir; or that the country of residence of the dwelling place claimed property rights not by Heirs, but based on “royal privilege” (English law does not recognize its extraterritorial effect.) However, according to the law of the place of residence of the deceased, the Spanish state is the “last successor”, is the true heir .According to “movable In the United Kingdom ”, the deceased property in the United Kingdom belonged to the Spanish state and in applying that principle there was no reason to distinguish between heirs and other individuals having private relations with the deceased or Body, including the national (country according to law is the legitimate heir of the deceased domicile). According to the law of domicile of the deceased, West