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 62 - 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 178 - Venire bona ibi oportet, ubi quisque defendi debet, id est — ubi domicilium habet — aut ubi quisque contraxerit. Contractum autem non utique eo loco intelligitur, quo negotium gestum sit, sed quo solvenda est pecunia.
Página 61 - 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 in...
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 218 - The laws of England, Scotland, and America agree in regarding statutes of limitation of actions (that is, statutes which operate on obligations by limiting the action or the mode of proof, but which do not profess to extinguish the obligation) as belonging to the rules of procedure, as relating to the remedy. Lipmann v Don, 14 S. 241, — revd. in H.
Página 181 - ... in another country, and so forth ; which latter, though sometimes treated as distinct rules, appear more properly to be classed as exceptions to the more general one, by reason of the circumstances indicating an intention to be bound by a law different from that of -the place where the contract is made ; which intention is inferred from the subject-matter and from the surrounding circumstances, so far as they are relevant to construe and determine the character of the contract.
Página 178 - Si fundus venierit, ex consuetudine ejus regionis, in qua negotium gestum est, pro evictione caveri oportet.
Página 187 - If I send an agent to reside in Scotland, and he, in my name, enters into a contract in Scotland, the contract is to be considered as mine where it is actually made. It is not an English contract, because I actually reside in England. If my agent executes it in Scotland, it is the same as if I were myself on the spot, and executed it in Scotland.
Página 62 - 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.

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