PREFACE TO THE SECOND EDITION. THIS Edition has been revised, and the recent decisions of English and Scottish Courts, so far as they involve general principles, have been noted. I found it impossible, in the time at my disposal, to refer more fully than I have done in the previous edition to American cases, or to the papers and discussions on private international law which have engaged the attention of Continental and British jurists during the last ten years. It would have been inconsistent with the scope and purpose of this translation, as a summary and exposition of principles for the use alike of students and practitioners, to enlarge the notes by copious references to recent scientific writings and controversies. Moreover, able and useful as much of the recent discussion on the subject undoubtedly is, it cannot be said that it has as yet had greater results than to enforce and bring home to the legal consciousness of Europe and America the leading doctrines for which Savigny contended, and of which this volume of his still contains the best exposition. This exposition has not yet done its full work, and if the great favour with which the first edition of this translation was received in England and America be continued, so that a third edition is called for, it will then probably be soon enough to review the influence of Savigny upon private international law, and to supplement his work where it appears to fall short of the existing development of international jurisprudence. The Appendix of this Edition contains the short treatises on the Conflict of Laws by Bartolus, Dumoulin, Paul Voet, and Huber, which have been the foundation of the modern jurisprudence on that subject, and which have been made almost classical by the quotations of Story and others. Other works, such as Burgundus, Argentré, Rodenburg, Boullenois, Hommel, etc., are too extensive to be included in an appendix; and John Voet's Commentary on the Pandects may still be procured without much difficulty. This cannot be said of Bartolus, Dumoulin, and Paul Voet, whose treatise De Statutis is one of the rarest works in the literature of jurisprudence. In reprinting these tracts, the numerical references to the passages cited from the Corpus Juris Civilis have been added for the convenience of the modern student. It is proper to add that the greater part of this edition was printed in November 1879, and that it was almost entirely prepared before the publication of the excellent treatises of Messrs. Foote and Dicey upon English Case-Law. I endeavoured, however, while the book was passing through the press, to make use of some of the many valuable suggestions which these works offer. GLASGOW, April 1880. SECT. II. (§ 345).-Summary-Statement of the Question, SECT. III. (§ 346).—Race and Territoriality as grounds of the Sub- 48 SECT. IV. (§ 347).-Conflicting Territorial Laws in the same State, . SECT. V. (§ 348).-Conflicting Territorial Laws in different States- Comity-Common Law of Nations-Foreigners-Aliens, SECT. VI. (§ 349).- Conflicting Territorial Laws in different States SECT. IX. (§ 352).-Roman Doctrine of Origo and Domicilium-Origo, SECT. XI. (§ 354).-Roman Law of Origo and Domicilium-Domicile, 107 SECT. XII. (§ 355).—Roman Doctrine of Origo and Domicilium-Effect of these Relations-I. Municipal Burdens-II. Jurisdiction, SECT. XIV. (§ 357).-Roman Doctrine of Origo and Domicilium- 122 SECT. XVII. (§ 360).—Transition to the Legal Relations-Voluntary Submission-Moveable and Immoveable Property, SECT. XVIII. (§ 361).—Transition to Particular Legal Relations SECT. XIX. (§ 362).-I. Personal Status-Capacity to have Rights SECT. XX. (§ 363).-Personal Status (Continuation)-Modern Codes, 154 SECT. XXI. (§ 364).-Personal Status-Special Cases-Bills of Ex- SECT. XXV. (§ 368).-Law of Things-Jura in Re-Possession, SECT. XXVI. (§ 369).-III. Law of Obligations (Introduction), SECT. XXVII. (§ 370).—Law of Obligations-Forum of the Obliga- SECT. XXVIII. (§ 371).—Law of Obligations-Forum of the Obliga- tion (Continuation)-A. Contracts-B. Unilateral Permitted SECT. XXIX. (§ 372).-Law of Obligations-Local Law, SECT. XXX. (§ 373).—Law of Obligations-Local Law (Continua- tion)-A. Contracts-B. Unilateral Permitted Acts (Foreign SECT. XXXI. (§ 374).—Law of Obligations-Local Law-Particular Questions A. Personal Capacity - B. Interpretation — C. Validity of Obligations - D. Effect of Obligations — E. . |