sales of shares, bonds, foreign exchange, securities, stamps, and lottery tickets. (g) Public services which are the subject of official concessions, the tariffs of which are approved by the national, provincial or municipal authorities. (h) The sales of the small producers and artisans in the manner which shall be regulated by the Federal Government. Under provision 10 the sales tax determined by Article 1 is fixed at three per mil on products or merchandise sold or shipped abroad on consignment; and 1.25% on sales in the internal market (Argentina). The sales tax shall be paid quarterly, viz: April, July, October and January for transactions effected during the first, second, third and fourth quarters of the year respectively. The payment of the sales tax shall be made by the tax payer, depositing the amount due in the Banco de la Nacion Argentina (Bank of the Argentine Nation) in the account "Impuesto a las Ventas, o (order) Direccion General" (General Direction). The tax payer can also deposit the sales tax in the Banco de la Nacion Argentina's agencies and branches; or pay the sales tax by means of a postal order, draft or nonnegotiable cheque upon Buenos Aires sent to the order "Direcciban General del Impuesto a los Reditos" (Income Tax Department). The Income Tax Department is not responsible for losses, or any other risk for money sent in cash or by means of cheques or drafts payable to the bearer. The Income Tax Department has issued instructions to tax payers stating that it will be considered "date of payment of the sales tax," the date of the deposit slip issued by the bank or the date of the postal or telegraphic transfer: or the date when the Post Office receives a registered letter addressed to the Direccion General del Impuesto a los Reditos (Income Tax Department), enclosing the cheque or draft payable in Buenos Aires. When a duly registered party (tax payer) as a consequence of cessation or discontinuance of business stops production, elaboration, manufacture, or importation of merchandise, he must immediately communicate this fact to the Income Tax Department. In the above-mentioned cases the responsibility or liability of the duly registered party (tax payer) towards the Income Tax Department shall continue until all products and merchandise have been completely liquidated and the duly registered tax payer shall continue paying the sales tax, if any, on the dates mentioned in Provision Once the liquidation of the commodities has been definitely completed the tax payer or responsible party must pay any outstanding sales tax within the term of three days. When a tax payer (responsible or liable party for the payment of sales tax) transfers his business, he must pay the sales tax for the sales or transactions effected up to the date of the transfer, excluding, of course, from said sales or transactions the total amount of the existing stocks which constitute the assets which are transferred to the purchaser or buyer. In the case of a person or entity transferring a business it shall be obligatory to the seller as well as to the buyer or purchaser, to communicate to the Income Tax Department the transaction effected; both seller and buyer remaining responsible or liable for the payment of the sales tax covering such transaction until the sales tax is definitely paid by means of a "certificate of payment" to be granted by the Income Tax Department to the purchaser. Finally, according to a resolution of the Board of the Income Tax Department dated March 9, 1935, it has been resolved that all merchants who import merchandise from foreign markets as well as those merchants who export merchandise of domestic origin, are obliged to apply to the Income Tax Department for registration as tax payers (responsible or liable parties for the payment of sales tax), regardless of whether or not they are registered in the Customs House as importers or exporters respectively. LIBRARY DIVISION OF COMMERCIAL LAWS BOOKS RECEIVED 1 Treasury Decisions Vols. 64, 68, 69, 70 and 71. Court of Claims Reports, Vol. 84. Latin America, by Phanor J. Eder. International Loans and the Conflict of Laws, by Dr. Martin Domke. Reviews and Journals: Indiana Law Journal, November Comparative Law Series January 1938 22 COMMERCIAL LAWS ANNOUNCEMENTS "THERE ARE JUDICIAL OPINIONS WHICH, upon applying legislation, fix its extent or interpret its terms in accordance with general principles of law. The reiteration of such decisions establishes precedent, but the legislation applied is always superior, and nothing restrains a change in direction of precedent, as sometimes happens, and today some-thing is upheld which had before been repeatedly denied. There is no criticism of the judiciary in this, any more than there is against a man who corrects and realizes his own errors or thinks in accord with current standards. "THESE EXPOUNDING JUDICIAL OPINIONS ARE not to be confused with others which, while also settling particular cases, are based not so much on principles of legal theory but on reasons more closely related to the facts and circumstances inducing a different application of the precedents or distinguishing the case in hand from those subject to the general rule. Such a case does not set judicial precedent except for others whose facts are on all fours with it." THE PARAGRAPHS ABOVE QUOTED WERE NOT excerpts from a learned treatise on stare decisis in Modern Civil Law, but are the opening lines of an editorial in La Prensa, one of the world's great newspapers, published in Buenos Aires, home of fine journalism, on The Fiscal Ministry and the Law for the Repression of "Trusts, A notable feature of many foreign dailies is their discriminating, almost didactic, exposition of legal problems of the moment. The press and the courts extend mutual support and discipline, which inures to progress and order in public affairs. THE LAWS AFFECTING AMERICAN BUSINESS, both at home and around the world, are conditioned more intimately than ever by broad social and economic exigencies. Prudent foresight suggests cultivation of the habit of reading foreign decisions and current legal literature, not in the expectation, so much, of finding answers to immediate problems or controversies, but to discover the cast of local thought which gives direction to legal trends. LEGAL KNOWLEDGE IS A BUSINESS NECESSITY THE DIVISION OF COMMERCIAL LAWS SUPPLIES YOU WITH INFORMATION OF FOREIGN LAWS AND TAXES Industrial Property, Trade-Marks, Numerals Held Distinctive. Final action has been taken in one of the most interesting trade-mark cases recently occurring in Argentina. Two rival English manufacturers of pens have been at odds over an alleged conflict in their local trademarks, consisting of certain numerals. The plaintiff in the case, the E. S. Perry Ltd., pen manufacturers, of London, had registered its product with the distinguishing trade-marks 241, 210, and 1301. The rival firm of Perry & Co. Ltd. of london registered similar trade-marks consisting of the numbers 341, 310, and 2301. The first hearing of the case resulted in dismissal by the Federal Court of Appeals in 1936, whereupon the plaintiffs appealed to the Supreme Court of the Nation, which ordered a new trial by the Court of Appeal. The case has now been tried again by that court, the final decision being that since any number or group of digits is clearly distinguishable from any other number or group, there has been no fraudulent imitation of the plaintiff's trademarks. This verdict being one of fact only, the decision is final and there will be no further appeal to a higher court. Industrial Property, Trade-Marks, Registration Law Enforced. Considerable concern has been caused in local business circles during the past few months through the sudden action of the Argentine Patents and Trade-marks Office in refusing to renew trade-marks containing foreign words or phrases, registered by Argentine individuals or business firms. The restrictions have not as yet been applied to trade-marks registered by foreign concerns outside of Argentina. The Patents and Trade-marks Office justifies its action in a law that was passed in 1924 but was never really enforced until recently. This law, known as the "Goods Identification Law" (No. 11,275), provided that the products of Argentine concerns could only bear trade-marks in Spanish or dead languages. Although a considerable number of trade-marks containing foreign words or phrases were registered subsequent to the enactment of this law, the renewal of such trade-marks is now being refused on the grounds that they are in violation of the original law. The local registrant of a trade-mark feels that it is very unfair to be subjected to such restrictions in a retroactive way, and that even if the trade-mark really violated the law, it is not right for the authorities to deprive him of a trade-mark which the Government officially accepted, and around which a prosperous business has been built up. There are naturally many protests against the present rigid application of the law in question, although no one can deny that the action of the Patents and Trade-marks *From the Office of the American Commercial Attache, Buenos Aires. Office is entirely legal and constitutional. Local patent and trade-mark attorneys seem to feel that some proper solution will eventually be made, but that in the meantime there will be considerable doubt and confusion which will only be cleared up when the Supreme Court finally passes on the issues involved. Arbitration, Award Against Province. The financial vulnerability of Argentine provinces in connection with arbitral awards has been revealed by a recent judgment against the Province of Mendoza. This province has been condemned by a duly constituted arbitral. tribunal to pay 4,617,000 pesos damages to a health resort company known as the Sociedad Anonima Termas de Cacheuta. This company had originally received a concession to build a hotel and develop the bathing springs at Cacheuta, but had been entirely inactive since a serious landslide in 1934 damaged its properties. The Government of Mendoza issued a decree in January 1936, canceling the concession. The matter was finally submitted to arbitration, and the judgment recently announced was the result. Inasmuch as such heavy damages would have a very unfavorable effect on the finances of the province, an appeal has been made from the award of the arbitral tribunal. A considerable amount of the sum awarded would go to pay for a number of fees of attorneys and other experts. The local press has given much space to this case, and many proposals have been made for legislation which would prevent a repetition of what is believed to be a rather scandalous affair. It is expected that the appeal from the decision rendered will result either in the complete cancelation of the award, or a notable reduction in its amount. Taxation, Court Declares License Tax Void. The Supreme Court of Argentina has rendered a decision condemning the Province of Santiago del Estero to refund the sum of 10,000 pesos, with interest and costs, to a taxpayer who claimed that he had been unjustly assessed in connection with a business license tax (patente). The assessment in question was in the sum of 10,000 pesos annually for purchasers, suppliers, or carriers of coal, who carried on their operations as individuals, the tax being one-half that amount if paid by duly incorporated companies comprising at least fifty producers. The plaintiff claimed that such a tax was confiscatory and unconstitutional, and this view was sustained by the judgment of the Supreme Court, which held that such a high tax was indeed excessive and discriminatory. Insurance, Fraud, Perpetrators Punished. A notable insurance fraud case has just been brought to a conclusion in the Federal Court of Buenos Aires. Three individuals were accused, among other frauds, of |