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 TimeThe Lawbook Exchange, Ltd., 2003 - 566 sayfa |
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Sayfa ix
... positive Law - Personal Laws , 53 57 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 ...
... positive Law - Personal Laws , 53 57 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 ...
Sayfa 15
... positive law , no conscientious lawyer can omit its careful study ; but where new codes have been introduced , that necessity no longer exists , and the law must there be regarded as in an improved condition , because the jurist can ...
... positive law , no conscientious lawyer can omit its careful study ; but where new codes have been introduced , that necessity no longer exists , and the law must there be regarded as in an improved condition , because the jurist can ...
Sayfa 18
... positive law and legal practice would advance together in perfect harmony , as the nature of things demands . And do we not in general find just the opposite of all this ? 6 If the radical evil of the present state of the law consists ...
... positive law and legal practice would advance together in perfect harmony , as the nature of things demands . And do we not in general find just the opposite of all this ? 6 If the radical evil of the present state of the law consists ...
Sayfa 23
... positive truth , so that it becomes necessary to mark more exactly the degree of our convictions . For we may dispute the opinions of others in various manners . Often the feeling of absolute certainty accompanies our own con- victions ...
... positive truth , so that it becomes necessary to mark more exactly the degree of our convictions . For we may dispute the opinions of others in various manners . Often the feeling of absolute certainty accompanies our own con- victions ...
Sayfa 34
... positive law which governs legal relations does not exist merely in detached and unconnected rules . As particular rights are actually presented to us in their organic connection in the legal relation , so the rules of law have a deeper ...
... positive law which governs legal relations does not exist merely in detached and unconnected rules . As particular rights are actually presented to us in their organic connection in the legal relation , so the rules of law have a deeper ...
İçindekiler
1 | |
43 | |
53 | |
64 | |
76 | |
86 | |
92 | |
107 | |
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 |
Diğer baskılar - Tümünü görüntüle
Sık kullanılan terimler ve kelime öbekleri
according acquired action application arises authority bankruptcy belong bills capacity to act citizenship collision common law Comp conflict Conflict of Laws connection contract courts creditors debtor decision depends determined distinction doctrine domicile doubt effect English existence fact foreign law hypothecs immoveable important judged juridical acts jurisdiction jurisprudence jurists L. J. Ch Landrecht law of obligations law sources legal institution legal relation legislation lex domicilii lex fori lex loci contractus lex rei sitæ limits Lord Macph Macq manumission marriage municipal burdens nature obligation opinion origin ORIGO AND DOMICILIUM particular laws parties passages personal capacity Phillimore place of fulfilment positive law practical principle Prussian law question real rights Recht recognised regard respect Roman law rules of law Savigny Schäffner Scotland SECT seqq statutes Story succession supra territorial law testament testator tion Ulpian Vict Voet Wächter Westlake writers
Popüler pasajlar
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.