in France, restrictions of this class follow subjects wherever they go, 152. prohibition of marriages of ecclesiastics without extra-territorial force, 154. so as to vows, 155. so as to prohibitions of marriages with Jews or infidels, 156. so of marriages between Protestants and Roman Catholics, 157. so of marriages between persons of unequal rank, 158. so of marriages between persons of different races, 159. theory that the place of solemnization decides, 161. objections, 162. theory of lex domicilii, 163. objections, 164. theory of national policy, 165. Effect of Residence on Marital Rights. Marital rights regulated by place of residence, 166. so as to wife's personal rights, 167. so as to duty of parent to child, 168. Mode of Celebration. Prevalent opinion is that law of place of celebration controls, 169. by canon law consensual marriage is valid, 171. so by common law of England and of the continent of Europe, 172. limitations of Council of Trent not binding when not published, 174. nor in barbarous lands, 177. nor when not imposed on foreigners, 178. exception as to ambassadors' and consuls' houses, 179. when prescribed forms are obligatory on subjects abroad, 180. when foreign state is sought in fraud of home law, 181. difficulties attending test of fraud, 182. Local Laws of Foreign States. Local prescriptions of England, 183. France, 184. Germany and Austria, 185. Italy, 186. Conflicts as to Matrimonial Property. English common law conflicts in this respect with recent statutes, 187. law of community conflicts with English common law, 188. exemption statutes of residence conflicting with law of domicil, 189. law of place of marriage not decisive, 192. in succession last domicil continues, 193. when domicil is changed, high authorities hold that first domicil controls, 194. intention of parties supposed to point to this result, 195. acquisitions subsequent to change governed by new domicil, 196. but vested rights are not thereby divested, 197. nationality not an adequate test, 198. Conflicts as to Marriage Settlements. Marriage settlements governed by law of matrimonial domicil, 199. not enforced when contrary to local law, 201. Gifts between Husband and Wife. By Roman law such gifts are invalid, 202. so by English common law, 203. MARRIAGE, LEGITIMATION BY. Conflict of laws as to such legitimation, 240. laws of father's domicil both at time of birth and time of marriage de- in respect to real estate, territorial policy must prevail, 242. such legitimation does not control successions, 243. otherwise as to legacy and succession duties, 244. nationality cannot be thus imparted, 245. in France and cognate states father's personal law at time of marrige pre- conflict of German views, 247. form determined by rule locus regit actum, 248. Legitimation by Sovereign Decree. Legitimation by personal law valid in Europe, 249. by English common law such legitimations have no extra-territorial force, 250. MARRIAGE, PROOF OF, 759. MARRIED WOMAN, nationality of, 11. domicil of, 43. for divorce purposes can acquire an independent domicil, 224. incompetent to contract by her personal law may make a valid contract in a state imposing no such disability, 118. this conclusion denied by advocates of ubiquity of personal laws, 119. mode of suit determined by lex fori, forms of contract by lex loci actus, 121. rights of internationally in property, 187. MASSACHUSETTS, distinctive jurisprudence as to divorce, 229. MATRIMONIAL DOMICIL, site of (see MARRIAGE), 188 et seq. MINOR, change of nationality of, 10 a. domicil of, 41. guardianship of (see GUARDIANSHIP), 259. MINORITY, incapacities of not ubiquitous, 102, 112-114. MIXED STATUTES, characteristics of, 85. MOBILIA SEQUUNTUR PERSONAM, inadequacy of maxims, 297, 343. currency of payment of, 641. MONOPOLY OF LAND, determined by situs, 279. MOTHER, law regulating duties of, 168. Governed by lex rei sitae. Inapplicability of old law that movables are governed by lex domicilii, 297. this a necessary tendency, 299. Savigny holds there is no difference in this respect between movables and he concedes that goods in transit cannot be governed by lex rei sitae, 301. he maintains that wherever there is location the lex situs controls, 303. Required by policy of sovereignty, 305. purchase involves submission to local law, 306. situs the necessary arbiter, 307. to invoke lex domicilii involves a petitio principii, 308. maintenance of values depends on ubiquity of rule, 309. title in rem only acquired in situs, 310. conclusion is that movables not in transit, or in cases of succession or marriage, are governed by lex situs, 311. Liens determined by lex situs. So in Roman law as to real rights, 312. bailments, 313. pledges and pawns, 314. Prussian Code disallows secret pledges, 315. in Roman law hypothecation determined by lex situs, 316. in our law situs determines lien for purchase money and chattel mort- when lien extinguished by transfer to another place, 318. conflict as to whether lien can be established by transfer to another place, 319. MOVABLES - (continued). foreign law in this respect, 320. as to mechanics' liens, lex situs prevails, 321. liens of material-men on ships continue unless excluded by law of port, 322. mortgage on ship postponed to port liens, 323. distinctive trade-mark legislation of the U. S. 327. copyrights not extra-territorial, 328. Capacity of Persons to acquire and dispose of. Capacity depends on place of transaction, 329. distinction between holding and doing business unfounded, 330. foreign incapacities inapplicable to this country, 331. restrictions on natural capacity not extra-territorial, 332. Acquiring and passing Title. By Roman law lex situs determines title, 334. so in Louisiana, 335. rule questioned by Story, 336. sustained by Savigny, 337. and by Guthrie, 338. and by Bar and Wächter, 339. and by Felix and Fiore, 340. and by Westlake and Woolsey, 341. and by Phillimore, 342. early English and American dicta indefinite, and based on misunderstand- analogy from succession inapplicable, 344. in England lex situs now determines title, 345. so in the United States: New York, 346. Maine, New Hampshire, and Vermont, 347. Connecticut, 349. Pennsylvania, 350. Kentucky and Alabama, 351. Louisiana, 352. general rule is that an extra-territorial assignment passes no property in movables unless conforming to lex situs, 353. foreign voluntary assignment with preferences may be inoperative by local distinctive rule as to goods in transit, 354. stoppage in transitu governed by local law, 355. Ships at Sea. Ship part of territory of flag, 356. creditor's domicil, which is the prevailing view, 363. exception where attachment is laid prior to assignment, 364. exception where lex fori holds assignment invalid on ground of policy, exception where lex fori requires registry, 366. qualification where the attaching creditor is of the same domicil with the situs of debt not changed by the fact that it is secured by a mortgage in Where Litigating Parties are domiciled in State of Assignment. A court of the situs may hold that an attaching creditor cannot contest a judgment between such parties does not affect third parties, 370. Forms of Assignment. Forms of assignment governed by lex situs, 372. and so as to movables regulated by local law, 373. local law prevails as to local forms, 374. on this principle conflicting rulings can be explained, 375. Prescription and limitation governed by lex situs as to immovables, 378. usucapion merged in prescription, 380. even as to movables lex situs rules, 381. prescription cannot be extended by removal from situs, 382. Confiscation and Escheat. Lex situs determines, 383. rule applies to custom-house seizures, 384. Process in rem. Determined by lex fori, 385. Bankrupt Assignments. Conflict as to the nature of bankruptcy (see BANKRUPTCY), 387. conflict as to its extra-territorial effects, 388. In England, foreign bankrupt assignment does not convey immovables; |