Private International Law. A Treatise on the Conflict of Laws: And the Limits of Their Operation in Respect of Place and Time

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T. & T. Clark, 1869 - 387 páginas
 

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Página 286 - 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 61 - It is so especially where the change of domicile is into a foreign country. ' You may much more easily suppose that a person having originally been living in Scotland, a Scotchman, means permanently to quit it and come to England, or vice versa, than that he is quitting the United Kingdom in order to make his permanent home where he must for ever be a foreigner, and...
Página 232 - 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 29 - 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...
Página 62 - If a person has actually removed to another place, with an intention of remaining there for an indefinite time, and as a place of fixed present domicile, it is to be deemed his place of domicile, notwithstanding he may entertain a floating intention to return at some future period.
Página 18 - 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 - Doris amara suam non intermiscuit undam...
Página 40 - The comity thus extended to other nations is no impeachment of sovereignty. It is the voluntary act of the nation by which it is offered; and is inadmissible when contrary to its policy, or prejudicial to its interests. But it contributes so largely to promote justice between individuals, and to produce a friendly intercourse between the sovereignties to which they belong, that courts of justice have continually acted upon it, as a part of the voluntary law of nations.
Página 203 - The abolition of all usury laws by 17 and 18 Viet- c. 90, deprives this question of much of its importance as regards this country. The rule in the text was never adopted by British courts, ' for the moderation or exorbitance of interest depends on local circumstances, and the refusal to enforce such contracts would put a stop to all foreign trade.
Página 28 - Being entertained in an English court, it must be adjudicated according to the principles of English law applicable to such a case. But the only principle applicable to such a case by the law of England is, that the validity of...
Página 178 - Si fundus venierit, ex consuetudine ejus regionis, in qua negotium gestum est, pro evictione caveri oportet.

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