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

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The Lawbook Exchange, Ltd., 2003 - 566 sayfa

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İçindekiler

373 Law of ObligationsLocal Law Continua
240
375 IV Succession
272
377 SuccessionParticular Questions
282
379 V Law of the FamilyA Marriage
290
LIMITS IN TIME OF THE AUTHORITY
331
385 A Laws as to Acquisition of RightsPrin
339
386 A Laws as to Acquisition of RightsPosi
345
388 A Laws as to Acquisition of RightsAppli
354

356 Roman Doctrine of Origo and Domicilium
114
357 Roman Doctrine of Origo and Domicilium
120
and Capacity to Act
148
363 Personal Status ContinuationModern Codes
154
365 Personal StatusExceptional Cases
166
366 II Law of ThingsGeneral RulesDistinc
174
367 Law of ThingsTransmission of Property
182
369 III Law of Obligations Introduction
194
371 Law of ObligationsForum of the Obliga
213
372 Law of ObligationsLocal Law
221
390 A Laws as to Acquisition of Rights
362
392 A Laws as to Acquisition of RightsAppli
371
393 A Laws as to Acquisition of RightsApplica
378
394 A Laws as to Acquisition of RightsApplica
391
395 A Laws as to Acquisition of RightsApplica
398
396 A Laws as to Acquisition of RightsAppli
405
Bartolus
433
INDEX OF SUBJECTS
551
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Sayfa 340 - Upon principle, every statute which takes away or impairs vested rights acquired under existing laws, or creates a new obligation, imposes a new duty, or attaches a new disability, in respect to transactions or considerations already past, must be deemed retrospective.
Sayfa 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.
Sayfa 282 - No Will or other testamentary Instrument shall be held to be revoked or to have become invalid, nor shall the Construction thereof be altered, by reason of any subsequent Change of Domicile of the Person making the same.
Sayfa 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...
Sayfa 291 - ... a marito non posse : deductione enim opus esse in mariti non in uxoris domum quasi in domicilium matrimonii, Dig.
Sayfa 268 - The use of these statutes of limitation is to preserve the peace of the kingdom, and to prevent those innumerable perjuries which might ensue if a man were allowed to bring an action for any injury committed at any distance of time. *Upon both these accounts the law r*ono therefore holds, that " interest rcipubltcœ ut sit finis litium...
Sayfa 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.
Sayfa 228 - It is, however, generally agreed that the law of the place where the contract is made is, primd facie, that which the parties intended, or ought to be presumed to have adopted, as the footing upon which they dealt, and that such law ought therefore to prevail in the absence of circumstances indicating a different intention, as, for instance...
Sayfa 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...
Sayfa 251 - Indian interest, have been allowed in our courts to the amount of even twelve per cent. For the moderation or exorbitance of interest depends upon local circumstances ; and the refusal to enforce such contracts would put a stop to all foreign trade.

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