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

Portada
T. & T. Clark, 1880 - 567 páginas
 

Páginas seleccionadas

Otras ediciones - Ver todas

Términos y frases comunes

Pasajes populares

Página 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.
Página 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.
Página 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.
Página 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...
Página 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...
Página 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.
Página 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...
Página 84 - We always import together with their persons the existing relations of foreigners as between themselves, according to the laws of their respective countries; except indeed where those laws clash with the rights of our own subjects here, and one or other of the laws must necessarily give way, in which case our own is entitled to the preference.
Página 70 - Gordon's marriage rights must be " tried by reference to the law of the country, where, if they " exist at all, they had their origin.

Información bibliográfica