Private International Law and the Retrospective Operation of Statutes: A Treatise on the Conflict of Laws and the Limits of Their Operation in Respect of Place and Time
Savigny, Friedrich Carl von. Private International Law, and the Retrospective Operation of Statutes: A Treatise On the Conflict of Laws, and the Limits of Their Operation in Respect to Place and Time. Translated, With Notes, by William Guthrie. With an Appendix Containing the Treatises of Bartolus, Molinaeus, Paul Voet, and Huber. Edinburgh: T. & T. Clark, Law Publishers, 1880. xii, 567 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. LCCN 2003052774. ISBN 1-58477-367- 7. Cloth. $150. * Reprint of the second revised edition. Savigny [1779-1861] was an important German jurist and an excellent scholar of Roman law. A principal member of the historical school of jurisprudence, he had a keen interest in its role in the subsequent development of European law. Private International Law is a volume drawn from his System of Modern Roman Law (1840-1849), an eight-volume study of contemporary legal systems based on Roman law. As the translator observes, this volume is valuable because it "deals with a subject of great practical importance, as to which the opinions of foreign jurists have always been respected in the British courts. And not only has the eighth volume itself been cited as an authority in our tribunals, but English writers have borrowed and enforced its doctrines with more or less exactness of reproduction" (Introduction, 9). Beyond its lucid exposition of a complex subject, this book offers a wonderful introduction to Savigny's monumental study. With an appendix containing a biography of Savigny and an index of English and Scottish cases.
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Page 106 - 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 71 - It never has been supposed by us, that the section did apply, or was designed to apply, to questions of a more general nature, not at all dependent upon local statutes or local usages of a fixed and permanent operation, as for example, to the construction of ordinary contracts or other written instruments, and especially to questions of general commercial law, where the state tribunals are called upon to perform the like functions as ourselves; that is, to ascertain upon general reasoning and legal...
Page 106 - 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.
Page 60 - ... the full extent But in the East, from the oldest times, an immiscible character has been kept up ; foreigners are not admitted into the general body and mass of the society of the nation ; they continue strangers and sojourners as all their fathers were...