Commentaries on the Conflict of Laws, Foreign and Domestic,: In Regard to Contracts, Rights, and Remedies, and Especially in Regard to Marriages, Divorces, Wills, Successions, and Judgements
Reprinted ... by A. Maxwell, ... T. Clark, Edinburgh; and A. Milliken, Dublin., 1841 - Conflict of laws - 927 pages
What people are saying - Write a review
We haven't found any reviews in the usual places.
Other editions - View all
according administration admitted assignment authority bona Bouhier Boullenois Bourg Burge Burgundus change of domicil cited Comm common law conflict of laws contract Coram Court Cout coutume creditor debt debtor deemed divorce doctrine domicil domicilii domicilium Droit effect England English English law enim etiam foreign country foreign jurists foreign law France Froland govern Hagg heir held Hertii Opera Huberus Ibid immovable property indorsement judgment jure juris jurisdiction jurisprudence Justice law of England law of France Lect leges lex fori lex loci contractus loco locum Lord marriage married Merlin movable property nations obligation Observ opinion Pand parties Paul Voet payment personal property personam Post Pothier principle quam question quod real estate recognised respect Rodenburg Roman law rule says Scotch Scotland situate situs sive Stat statutum suit sunt testament testator tion torn tract valid
Page 127 - 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 51 - 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 211 - By marriage, the husband and wife are one person in law: that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband...
Page 317 - Generally speaking," says Story, " the validity of a contract is to be decided by the law of the place where it is made, unless it is to be performed in another country; for, as we shall presently see, in the latter case, the law of the place of performance is to govern.
Page 153 - ... I am of opinion," says Holroyd, J., in the same case, " that according to the principles of the English law the right to slaves, even in a country where such rights are recognized by law, must be considered as founded, not upon the law of nature, but upon the particular law of that country.
Page 28 - Natural allegiance is therefore a debt of gratitude, which cannot be forfeited, cancelled, or altered, by any change of time, place, or circumstance, nor by any thing but the united concurrence of the legislature.
Page 163 - 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.
Page 93 - Qui cum alio contrahit, vel est, vel debet esse non ignarus conditionis ejus...