A Treatise on the Conflict of Laws: Or, Private International Law, Volume 1

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Lawyers' Co-operative Publishing Company, 1906 - Conflict of laws - 1830 pages
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Contents

Extradition may be conditional 1689
56
Subjective theories
57
Aliens entitled to equal civil rights with
64
CHAPTER II
74
Construction of wills
80
By Vattel it is a residence adopted with
82
b Of infanta
94
place of payment
98
Of wife
102
Of probate
106
g Of ambassadors and consuls
110
54a Same
117
constitute domicil
123
Permanent residence and settled business
127
Conflict of residences
141
Want of domicil
158
80f Principle governing exaction of succession
183
So in modern Roman law
204
CHAPTER X
208
In matters of national policy distinctive
231
eign corporation determined by law
244
105 When property is left to foreign corporation
250
Distinctions of creed or caste
255
118a Choice between lex domicilii and lex loci
271
a Specific performance
288
Civil rights
294
Marriage is not a mere contract but an
302
857b Extradition between states as affected
307
Incapacities
311
extraterritorial effect of statute for
318
Theories as to matrimonial capacity
349
165a General international test of matrimonial
355
Assignment of obligations
358
riage invalid by lex looi
362
CHAPTER IX
365
Theory of the Roman
372
houses
386
When law of place of performance binds
398
Exemption statutes of residence conflicting
401
Law of place of marriage not decisive
407
Insulated nets determined by their particu
409
In succession last domicil determines
415
place of performance 883
416
Acquisitions subsequent to change governed
421
199a When future acquisitions after change
429
791a Generally 1588
432
Whether local meaning was adopted is
434
So by English common law
436
FOREIGN JUDGMENTS
439
Masters authority to bind owner depends
441
Hoxc foreign divorces are regarded in Scotland
447
CHAPTER XII
448
Petitioners mere residence in divorcing
454
Defective intermediate indorsements do
459
Insurance
465
Wife may acquire independent domicil
467
And bo may wife after judicial separation
469
f Common carriers
471
Domicil of petitioner must be real
475
g Delicts and torts
477
Domicil at time of offense immaterial
481
h Revenue offenses
482
Place of marriage solemnization immaterial
487
So where lotteries are illegal in place
488
Contracts against law of nations
495
237a Sufficiency of constructive or substituted
497
237e mode of constructive or substituted service
507
237g right of spouse who obtained decree
518
239a Award of alimony upon constructive or sub
523
CHAPTER V
534
CHAPTER VII
601
IIL Movables
602
In our law the situs determines lien for pur chase money and also fact of chattel
603
Immovables
607
276b Questions directly and distinctively affecting
616
480b Same public policy similar statute
618
Conflict as to cumulation of expenses on
626
It alone can give title
640
But internationally plaintiff entitled to full
645
Distinctive English and American practice
646
289a Scope and extent of jurisdiction of equity
647
Each obligor may be bound by his special
650
In this country rulings of English courts
653
Exception as to injury to land in another
659
Judgments in
664
e Liens on immovables
669
Distinctive practice on the continent of Europe
672
governed by lex domicilii
674
311a hex situs as opposed to lex loci contractus
681
Exception when the object of the stamp
687
311c Contract as an instrument creating a right
690
g Certificates of notaries and other officers
702
mortgage
703
Confl or Lawsiv
705
317b Chattel mortgages
706
In Roman law criterion of domicil is based
708
When lien is extinguished by transfer to an other place
715
318a Same statutory lien
717
Conflict as to whether liens can be estab lished by transfer to another place
718
Conflict in this respect among foreign jurists 71
719
As to mechanics liens lex situs controls
720
Liens of materialmen on ships continue un less excluded by law of port
724
322J State can create liens for labor and port dues
725
Mortgage on ship postponed to port liens
726
Lex situs generally controls
727
Patent rights not extraterritorial
728
Conflicting rules as to trademarks
729
United States treaties and statutes 731
730
Copyrights not extraterritorial
731
Capacity of persons to acquire and dispose of mov ables 329 Capacity depends on place of transaction
732
Distinction between capacity to hold and capacity to act unfounded
733
Restrictions on natural capacity not extra territorial
734
So in Louisiana
735
Rule question by Story
737
And by Bar and Wachter
738
And by Westlake and Woolsey
739
Analogy from succession inapplicable
740
In England the lex situs now alone deter title
741
353b Discrimination between residents and non
751
Solution that lex fori determines only mat
753
353d As between law of place where assignor
757
Parish records admissible by Roman
759
353h As between lex loci of assignment and
766
353j Right of assignee to avoid fraudulent trans
777
f Ships at
784
CHAPTER XL
794
matter is fully covered by the new sec
797
Reciprocal relations of creditors
798
Effect of foreign bankrupt discharges
804
of offender when offense is by a subject
810
Where litigating parties are domiciled in the state
815
Lis pendens
817
Prescription and limitation
821
By what law processes in rem are to be governed
824
Except as to forms prescribed by lex situs
828
Matters pertaining to remedy
831
Penal judgments
833
390b Rights and powers of receiver outside of
836
And so for political offenses 1658
841
Escheats and caduciary rights
843

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Page 22 - Whereas the right of expatriation is a natural and inherent right of all people, indispensable to the enjoyment of the rights of life, liberty, and the pursuit of happiness; and whereas in the recognition of this principle this Government, has freely received emigrants from all nations, and invested them with the rights of citizenship...
Page 42 - This section shall not extend to offenses committed by one Indian against the person or property of another Indian, nor to any Indian committing any offense in the Indian country who has been punished by the local law of the tribe, or to any case where, by treaty stipulations, the exclusive jurisdiction over such offenses is or may be secured to the Indian tribes respectively.
Page 55 - The United States of America and the Emperor of China cordially recognize the inherent and inalienable right of man to change his home and allegiance, and also the mutual advantage of the free migration and emigration of their citizens and subjects respectively from one country to the other for purposes of curiosity, of trade, or as permanent residents.
Page 236 - Bank of Augusta v. Earle, 13 Pet. 519, 588, Chief Justice Taney said : " It is very true that a corporation can have no legal existence out of the boundaries of the sovereignty by which it is created. It exists only in contemplation of law, and by force of the law ; and where that law ceases to operate, and is no longer obligatory, the corporation can have no existence. It must dwell in the place of its creation, and cannot migrate to another sovereignty.
Page 50 - The foregoing considerations and authorities irresistibly lead us to these conclusions: the Fourteenth Amendment affirms the ancient and fundamental rule of citizenship by birth within the territory, in the allegiance and under the protection of the country, including all children here born of resident aliens, with the exceptions or qualifications...
Page 32 - For, previous to the adoption of the Constitution of the United States, every State had the undoubted right to confer on whomsoever it pleased the character of a citizen, and to endow him with all its rights.
Page 18 - The question whether a statute of one State, which in some aspects may be called penal, is a penal law in the international sense, so that it cannot be enforced in the courts of another State, depends upon the question whether its purpose is to punish an offence against the public justice of the State, or to afford a private remedy to a person injured by the wrongful act.
Page 42 - Indian country : provided, the same shall not extend to crimes committed by one Indian against the person or property of another Indian...
Page 55 - Citizens of the United States visiting or residing in China .shall enjoy the same privileges, immunities or exemptions in respect to travel or residence as may there be enjoyed by the citizens or subjects of the most favored nation; and reciprocally, Chinese subjects visiting or residing in the United States shall enjoy the same privileges, immunities, and exemptions in respect to travel or residence as may there be enjoyed by the citizens or subjects of the most favored nation.
Page 32 - It is quite clear, then, that there is a citizenship of the United States and a citizenship of a State, which are distinct from each other, and which depend upon different characteristics or circumstances in the individual.

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