A Treatise on Private International Law: Or the Conflict of Laws, with Principal Reference to Its Practice in the English and Other Cognate Systems of JurisprudenceW. Maxwell, 1858 - 407 sayfa |
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abroad action administration admitted allegiance apply arise assignment authority bankrupt bankruptcy Beav bill British chancery character chattels claim Code Napoleon conflict of laws considered contract court creditors debt debtor decided decision depend discharge divorce doctrine domicile effect enforced England English law established exist express fact farther Fœlix foreign judgment foreign law forum contractus France French granted ground Hagg heir held immovables indorser judge juris jurisdiction jurisprudence jurists justice land latter le divorce lex domicilii lex fori lex loci actus lex loci contractus lex situs liability locus Lord Lord Brougham marriage matrimonial domicile maxim ment movables municipal law nationality nature obligation opinion parties payment plaintiff principle private international probate question reason recognised reference regard residence respect Roman law rule Savigny Scotch Scotland sovereign statute Story suit supposed territory testator tion transfer validity wife
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Sayfa 136 - But this must be understood with very many and very great restrictions. Such colonists carry with them only so much of the English law as is applicable to their own situation and the condition of an infant colony; such for instance as the general rules of inheritance and of protection from personal injuries.
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Sayfa 363 - ... copies or by copies authenticated as hereinafter mentioned ;. that is to say, if the document sought to be proved be a proclamation, treaty, or other Act of State, the authenticated copy to be admissible in evidence must purport to be sealed with the seal of the foreign state or British colony to which the original document belongs ; and if the document sought to be proved be a judgment, decree, order, or other judicial proceeding of any foreign or colonial court, or an affidavit, pleading, or...
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Sayfa 140 - Calcutta : provided that their inheritance, and succession to lands, rents and goods and all matters of contract and dealing between party and party...
Sayfa 376 - The plea of res judicata applies, except in special cases, not only to the points upon which the court was actually required by the parties to form an opinion and pronounce a judgment, but to every point which properly belonged to the subject of litigation, and which the parties exercising reasonable diligence, might have brought forward at the time.
Sayfa 136 - That if there be a new and uninhabited country found out by English subjects, as the law is the birthright of every subject, so, wherever they go, they carry their laws with them, and therefore such new found country is to be governed by the laws of England...
Sayfa 136 - The artificial refinements and distinctions incident to the property of a great and commercial people, the laws of police and revenue (such especially as are enforced by penalties), the mode of maintenance for the established clergy, the jurisdiction of spiritual courts, and a multitude of other provisions, are neither necessary nor convenient for them, and therefore are not in force.
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