A Treatise on Private International Law: With Principal Reference to Its Practice in EnglandSweet & Maxwell, 1922 - 454 pages |
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Page 130
... tort : Conflict of Laws , § 514. This may well be true , and yet he may be also liable in the country from which he derives his grant . In Stirling - Maxwell v . Cartwright ( 1879 ) , 11 Ch . D. 522 ; James , Bag- gallay , Bramwell ...
... tort : Conflict of Laws , § 514. This may well be true , and yet he may be also liable in the country from which he derives his grant . In Stirling - Maxwell v . Cartwright ( 1879 ) , 11 Ch . D. 522 ; James , Bag- gallay , Bramwell ...
Page 216
... tort ; and that obligation will not be measured by the lex situs of the foreign immovables to which it relates , but in accordance with the rules of private international law on obligations arising from , or as from , contract or tort ...
... tort ; and that obligation will not be measured by the lex situs of the foreign immovables to which it relates , but in accordance with the rules of private international law on obligations arising from , or as from , contract or tort ...
Page 220
... tort , and yet the juris- diction is entertained , it must be determined according to the lex situs whether he is bound to give effect out of his property or interest to any contract relating to them , or attempted disposition of them ...
... tort , and yet the juris- diction is entertained , it must be determined according to the lex situs whether he is bound to give effect out of his property or interest to any contract relating to them , or attempted disposition of them ...
Page 225
... tort . In the former cases , a condition or a thing is disposed of , and although active duties may arise out of the condition , the duty which arises in relation to the thing is merely the negative one of not disturbing the enjoyment ...
... tort . In the former cases , a condition or a thing is disposed of , and although active duties may arise out of the condition , the duty which arises in relation to the thing is merely the negative one of not disturbing the enjoyment ...
Page 244
... 1921 , annulling sub - rule ( e ) of Order XI . rule 1 . ( ee ) The action is founded on a tort committed within the jurisdiction " ( R. S. C. , 1920 ) . 66 ( f ) Any injunction is sought as to 244 PRIVATE INTERNATIONAL LAW .
... 1921 , annulling sub - rule ( e ) of Order XI . rule 1 . ( ee ) The action is founded on a tort committed within the jurisdiction " ( R. S. C. , 1920 ) . 66 ( f ) Any injunction is sought as to 244 PRIVATE INTERNATIONAL LAW .
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Common terms and phrases
abroad according action administration affirmed appears applied assets Att.-Gen authority Bank bankruptcy bill British subject capacity claim colony contract Cozens-Hardy creditors debt debtor deceased decided decision decree defendant determined divorce doctrine domicile domiciled in England dominions duty effect enforced England English court English law Esher executor favour foreign country foreign court foreign judgment foreign law France French Gorell Barnes governed grant ground held House of Lords husband immovables India indorsement intestacy judge judicial jurisdiction land last domicile law of England lex domicilii lex fori lex loci actus lex loci contractus lex situs liable Lindley Lord marriage matrimonial domicile matter movables national law obligation opinion owner parties payable payment personal law Phillimore plaintiff principle private international law probate proceedings question referred regard residence rule Scotch Scotland settlement ship statute sued territory testator tion trust United Kingdom validity wife writ
Popular passages
Page 253 - Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the cause or matter, be added.
Page 359 - That after the said limitation shall take effect as aforesaid, no person born out of the kingdoms of England, Scotland, or Ireland, or the dominions thereunto belonging, (although he be naturalized or made a denizen, — except such as are born of English parents), shall be capable to be of the privy council, or a member of either house of parliament...
Page 120 - British subject (whatever may be the domicile of such person at the time of making the same or at the time of his or her death) shall as regards personal estate be held to be well executed...
Page 253 - The Court or a judge may, at any stage of the proceedings, either upon or without the application of either party, and on...
Page 246 - British subject or not, and the grounds upon which the application is made ; and no such leave shall be granted unless it shall be made sufficiently to appear to the Court or Judge that the case is a proper one for service out of the jurisdiction under this Order.
Page 362 - The wife of a British subject shall be deemed to be a British subject, and the wife of an alien shall lie deemed to be an alien...
Page 286 - ... general rule is, that the law of the country where a contract is made governs as to the nature, the obligation and the interpretation of it. The parties to a contract are either the subjects of the power there ruling, or as temporary residents owe it a temporary allegiance ; in either case equally, they must be understood to submit to the law there prevailing, and to agree to its action upon their contract. It is, of course, immaterial that such agreement is not expressed in terms ; it is equally...
Page 246 - When the Defendant is neither a British subject nor in British dominions, notice of the writ, and not the writ itself, is to be served upon him.
Page 363 - Where a person being a British subject ceases to be a British subject, whether by declaration of alienage or otherwise, every child of that person, being a minor shall thereupon cease to be a British subject, unless such child...
Page 253 - Judge, issue a notice (hereinafter called the third-party notice) to that effect, stamped with the seal with which writs of summons are sealed. A copy of such notice shall be filed with the proper officer and served on such person according to the rules relating to the service of writs of summons.