FRANCE (continued). alimentation, 258. spendthrifts, 270. immovables, 287. usage, 438. commercial paper, 447, 448, 456. insurance, 467 a. limitations, 535. judgments, 671. rights allowed by to aliens, 17, 745. rule as to status, 93, 104 a. matrimonial restrictions of, extra-territorial effect of, 184. vitiates divorce decrees, 234. FRAUD OF HOME LAW, EFFECT OF. Document not invalidated by the fact that it is solemnized with this in- otherwise when the law evaded is based on policy or morals, 696. change of domicil, when invalidated by, FRAUDS, STATUTE OF. 80. Ordinarily documents valid in place of making are valid everywhere, 689. contract made under this statute must conform to it, 691. but not necessarily contract made in territory of statute, 692. nor contract to be performed in such territory, 693. when statute goes merely to evidence it is not extra-territorial, 694. GAMING CONTRACTS will not be enforced, 492. GERMANY, jurisdiction over foreign suits, 744. divorce, 209. alimentation, 257. guardianship, 259, 267. spendthrifts, 270. hypothecation, 315. bankruptcy, 387 et seq., 794 et seq. usage, 437. commercial paper, 110, 447, 448, 461, 464. insurance, 467 a. partnership, 470. limitations, 533. succession, 548-551. execution of wills, 590. locus regit actum, 677. parties to suits, 705, 744. letters rogatory, 722, 730. criminal jurisdiction, 810 et seq. extra-territorial offences, 810 et seq. marriage restrictions in, 185. what are causes for divorce in, 205, note. practice of as to judgments, 671 et seq. GIFTS, between husband and wife, international effects of, 202. GUARDIAN, power of over child's domicil, 42. How to be constituted. Country of ward's personal law has primary jurisdiction, 259. in England and the United States foreign guardian must have sanction of How to be administered. As to Person. Foreign guardian at one time refused all authority, 261. tendency now is to recognize such authority primâ facie, but, if disputed, to require local sanction, 262. question one of local policy, 263. guardianship not permitted in cases of artificial minority, 264. As to Property. Foreign guardian cannot seize ward's effects without local authority, 265. ancillary guardian accounts to his own court, 266. foreign law as to sale of assets not ubiquitous, 267. by English common law, lex rei sitae controls, 268. Lunatics and Spendthrifts. Foreign guardian of lunatic may act with local sanction, 269. HEIRLOOMS, considered immovables, 302. HEIRS, capacity of, determined by domicil, 576. interests in estates (see SUCCESSION), 549. HOLLAND, rule of as to status, 93. HOME, the basis of domicil, 20, 67. HUSBAND, authority of, when ubiquitous, 120. control over wife (see MARRIAGE), 166. Roman law concerning, 315. how far created by the lex loci contractus, 317. how far extinguished by transfer to another place, 318. when on ships, 322. lex rei sitae, the general test, 324. ILLEGAL CONTRACTS (see CONTRACTS), 474 et seq. statutes of frauds, 689-694. contracts against good morals and public safety, 490. illicit cohabitation, 495. contracts violating the law of nations, 496. contracts with public enemies, 497. ILLEGITIMACY, relations of to marriage laws, 127. domicil of, 37. IMMORAL CONTRACTS, will not be enforced, 493. Governed by lex rei sitae. Under Roman law immovables so governed, 273. so by English common law, 274. bankrupt, insolvent, and lunatic assignments do not operate on foreign prescription regulated by lex situs, 275 a. and so as to establishing of liens, 275 b. so as to money representing land, 275 c. so as to land passing in succession, 275 d. so as to alienage, 275 e. local laws as to registry must be complied with, 275 f. exception where all parties to collateral contract are bound by another claims not affecting title governed by personal law, Reasons for Rule. 276 a. Tenure of land to be governed by national policy, 278. so as to questions of alien's settlement, 280. incumbrances can only be so determined, 281. from the nature of things lex rei sitae must decide, 282. no other arbiter possible, 283. merchantable value depends on assertion of rule, 284. IMMOVABLES. (continued). What Immovables include. Immovables include all interest in land, 286. distinguishable in this respect from real estate, 287. Indirect Extra-territorial Jurisdiction. Chancellor may compel subject to take action as to foreign realty, 288. sale by administrator or trustee must accord with lex situs, 289. Such liens determinable by lex rei sitae, 291. but law of contract may determine as to mere contract, 292. Limitations on alienation governed by lex rei sitae, 293. Immovables as affected by Operation of Law. Realty passing by descent or marriage governed by same law, 294. Forms of Conveyance. Forms of conveyance prescribed by lex rei sitae, 295. Capacity to acquire and convey limited by lex rei sitae; alienage so de- termined, 296. jurisdiction over, 711. IMPEDIMENTS OF MARRIAGE, by canon law, 136. IMPERIALISM, dangers of in jurisprudence, 8. IMPRISONMENT for debt, 742. INCESTUOUS MARRIAGES, invalidity of, 137. INDIAN MARRIAGES, validity of, 130. INDIAN TRIBE, constituting a distinct nationality, 9, 252. INDIANS, adoption by, 252. INDORSERS, conflicts as to liability of, 448 et seq. INFANCY, disabilities of not ubiquitous, 108. when internationally recognized, 148. INFANT, nationality of, how to be changed, 10 a, 36. INFANTS, domicil of, 41. guardianship of, determined primarily by their personal law, 112, 259. foreign statutes not permitted to override such policy, 114. injustice worked by imputation of foreign minority, 115. foreign parents or guardians not permitted to exercise powers not granted foreign guardians not permitted to act except when authorized by home INJUNCTION, when granted to prevent extra-territorial suits, 560, 612, INSANE PERSONS, domicil of, 52. guardianship of, 269. INSANITY OF TESTATOR, determined by law of domicil, 569. 621. INSOLVENT ASSIGNMENTS, law governing, 390 a. INSOLVENT DISCHARGES (see BANKRUPT DISCHARGES), 524. Insurance engagements determined by place of principal business, 465. in suit for premium, law of place of payment controls, 467. INTENTION, as to domicil, how to be proved, 57. INTEREST, how classified, 501. Savigny's rule, 502. When based on Contract. Place of solemnizing contract cannot control, 503. place of performance determines, 504. place of payment not necessarily place of performance, 505. nor does obligee's domicil control, 506. hypothesis of most favorable law, 507. that of place of investment, 508. this view sustained by analogy, 509. when mortgage is not merely collateral, law of site prevails, 510. lex fori to control process, 511. When in Form of Damages. Conflict as to damages, 512. Moratory Interest. Determined by place of use, 513. INTER-STATE JUDGMENTS. Judgment of sister state may be pleaded puis darrein continuance, 657. stay allowed as in original suit, 657 a. such judgment cannot be disputed collaterally, 658. to such judgment nul tiel record is the proper plea, 659. want of jurisdiction may be set up to such judgment, 660. INTOXICATING LIQUORS, laws as to, 486. ISRAELITES, limitation of marriages of, 156, 178. ITALY, conditions of, influencing private international law, 7. divorce laws of, 205, note. marriage restrictions in, 186. JESUITS, disabilities of, not ubiquitous, 107. JEWS, limitations on marriages of, 156, 178. JOINT STOCK COMPANIES, liabilities of, 468 et seq. |