A Treatise on Private International Law: Or the Conflict of Laws , with Principal Reference to Its Practice in the English ... and Numerous References to American AuthoritiesT. & J. W. Johnson, 1859 - 251 էջ |
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A Treatise on Private International Law: Or the Conflict of Laws, with ... John Westlake Դիտել հնարավոր չէ - 2015 |
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abroad action administration admitted allegiance appears apply arise assignment authority bankrupt bankruptcy Beav British character chattels cile claim Code Code Napoleon conflict of laws considered court creditor debt debtor decided decision depend discharge divorce doctrine domi domicile effect enforce England English law established exist express fact farther Fœlix foreign judgment foreign law former forum contractus France granted ground Hagg heir held immovables indorsement interest international law judge juris jurisdiction jurisprudence jurists justice land latter le divorce lex domicilii lex fori lex loci actus lex loci contractus lex situs liability locus Lord Lord Brougham marriage matrimonial domicile maxim ment movables municipal law nationality nature obligation opinion parties payment place of contract plaintiff principle private international question reason reference regard relation residence Roman Roman law rule Savigny Scotch Scotland sovereign statute Story suit supposed territorial testator tion transfer validity
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Էջ 95 - But this must be understood with very many and very great restrictions. Such colonists carry with them only so much of the English law as is applicable to their own situation and the condition of an infant colony; such for instance as the general rules of inheritance and of protection from personal injuries.
Էջ 157 - It is a clear proposition, not only of the law of England, but of every country in the world where law has the semblance of science, that personal property has no locality. The meaning of that is, not that personal property has no visible locality, but that it is subject to that law which governs the person of the owner...
Էջ 97 - Calcutta : provided that their inheritance, and succession to lands, rents and goods and all matters of contract and dealing between party and party...
Էջ 233 - The plea of res judicata applies, except in special cases, not only to the points upon which the court was actually required by the parties to form an opinion and pronounce a judgment, but to every point which properly belonged to the subject of litigation, and which the parties exercising reasonable diligence, might have brought forward at the time.
Էջ 94 - That if there be a new and uninhabited country found out by English subjects, as the law is the birthright of every subject, so, wherever they go, they carry their laws with them, and therefore such new found country is to be governed by the laws of England...
Էջ 150 - Suppose, for another example, (which is the case), that the law of this country precluded an infant or a married woman from borrowing money in any way, or from binding themselves by deed; and that in another country...
Էջ 178 - Kingdom, be sealed with the seal of that court, and thereupon shall be of the like force and effect, and have the same operation in the United Kingdom, as if granted by that court.
Էջ 149 - But at any rate this is certain, that if the laws of one country and its courts recognize and give effect to those of another in respect of the constitution of any contract, they must give the like recognition and effect to those same foreign laws when they declare the same kind of contract dissolved. Suppose a party forbidden to purchase from another by our equity, as administered in the courts of this country, (and we have some restraints upon certain parties which come very near prohibition,)...
Էջ 162 - If a person sends his property within a jurisdiction different from that where he resides, he impliedly submits it to the rules and regulations in force in the country where he places it.
Էջ 172 - In most of the cases in which assignments under foreign bankrupt laws have been denied to give a title against attaching creditors, it has been distinctly admitted, that the assignees might maintain suits in our courts under such assignments for the property of the bankrupt2.