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according acquired action alibi application arising bona capacity to act circa collision Comp contract court creditors debtor doctrine domicile domicilii domicilium effect etiam existence extra territorium foreign Frisia hypothecs ibique immoveable judged judic jure juridical acts juris jurisdiction jurisprudence jurists Justinian L. J. Ch Landrecht law of obligations legal institution legal relation legislation lex domicilii lex fori lex loci contractus lex rei libr licet loci loco locum Macph marriage moveable municipal nature nisi obligation opinion origo particular parties person personam place of fulfilment positive law potest principle Prussian Prussian law quae quam question quia Quid quod recognised regard retroactive Roman law rules of law Savigny Scotland secundum seqq sita statutes statutum succession sunt supra tamen territorial law testament testamentum testator things tion tunc Ulpian Vict writers
Page 342 - Upon principle, every statute which takes away or impairs vested rights acquired under existing laws, or creates a new obligation, imposes a new duty, or attaches a new disability, in respect to transactions or considerations already past, must be deemed retrospective.
Page 72 - English law, applicable to such a case. But the only principle applicable to such a case by the law of England, is, that the validity of Miss Gordon's marriage rights must be tried by reference to the law of the country, where, if they exist at all, they had their origin. Having furnished this principle, the law of England withdraws altogether, and leaves the legal question to the exclusive judgment of the law of Scotland.
Page 108 - State; 6. If a person remove to another State with the intention of remaining there for an indefinite time, and as a place of present residence, he loses his residence in this State, notwithstanding he entertains an intention of returning at some future period; 7.
Page 284 - No Will or other testamentary Instrument shall be held to be revoked or to have become invalid, nor shall the Construction thereof be altered, by reason of any subsequent Change of Domicile of the Person making the same.
Page 85 - The comity thus extended to other nations is no impeachment of sovereignty. It is the voluntary act of the nation by which it is offered; and is inadmissible when contrary to its policy, or prejudicial to its interests. But it contributes so largely to promote justice between individuals, and to produce a friendly intercourse between the sovereignties to which they belong, that courts of justice have continually acted upon it, as a part of the voluntary law of nations.
Page 107 - You may much more easily suppose, that a person having originally been living in Scotland, a Scotchman, means permanently to quit it and come to England, or vice versa, than that he is quitting the United Kingdom, in order to make his permanent home, where he must for ever be a foreigner, and in a country where there must always be those difficulties which arise from the complication that exists, and the conflict between the duties that you owe to one country, and the duties which you owe to the...
Page 227 - Contraxisse unusquisque in eo loco intelligitur, in quo, ut solveret, se obligavit.' 3. L 1, 2, 3, de reb. auct. jud. (42, 5): 'Venire bona ibi oportet, ubi quisque defendí débet, id est — ubi domicilium habet — aut ubi quisque contraxerit. Contractum autem non utique eo loco intelligitur, quo negotium gestum sit, sed quo solvenda est pecunia.
Page 270 - The use of these statutes of limitation is to preserve the peace of the kingdom, and to prevent those innumerable perjuries which might ensue if a man were allowed to bring an action for any injury committed at any distance of time. *Upon both these accounts the law r*ono therefore holds, that " interest rcipubltcœ ut sit finis litium...
Page 108 - The third rule I shall extract is, that the original domicil, or, as it is called, the forum originis, or the domicil of origin, is to prevail, until the party has not only acquired another, but has manifested and carried into execution an intention of abandoning his former domicil and taking another as his sole domicil.