A Selection of Cases on the Conflict of Laws, 2. köideHarvard Law review publishing association, 1901 |
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Common terms and phrases
according action adopted agreement alleged appeal apply authority Bank bill of exchange binding bond citizens claim Clunet common law Conflict of Laws contract creditors death debt deceased decision declared decree defendant delivered determined discharge divorce doctrine domicil effect enforced England English law entitled evidence executed fact foreign country foreign law French law given governed held husband Illinois immovable indorsement intention interest intestate judge judgment jurisdiction Justice land law of England law of France legitimate lex fori lex loci contractus lex loci solutionis liability Lord Louisiana marriage married Massachusetts ment mortgage movable nations obligation opinion owner paid parties payable payment Pennsylvania personal property place of performance plaintiff plaintiff in error present principle probate prohibited provisions question Railroad recognized recover Reported resident respect rule Scotland statute stipulation suit SUPREME COURT testator tion transaction trust usury valid void wife York
Popular passages
Page 327 - Wherever by either the common law or the statute law of a State, a right of action has become fixed and a legal liability incurred, that liability may be enforced and the right of action pursued in any court which has jurisdiction of such matters and can obtain jurisdiction of the parties.
Page 137 - The father of an illegitimate child, by publicly acknowledging it as his own, receiving it as such, with the consent of his wife, if he is married, into his family, and otherwise treating it as if it were a legitimate child, thereby adopts it as such ; and such child is thereupon deemed for all purposes legitimate from the time of its birth. The foregoing provisions of this chapter do not apply to such an adoption.
Page 332 - When the death of a person not being a minor is caused by the wrongful act or neglect of another, his heirs or personal representatives may maintain an action for damages against the person causing the death, or if such person be employed by another person who is responsible for his conduct, then also against such other person. In every action under this and the preceding section, such damages may be given as under all the circumstances of the case, may be just.
Page 440 - But where the contract is. either expressly or tacitly, to be performed in any other place, there the general rule is in conformity to the presumed intention of the parties that the contract, as to its validity, nature, obligation, and interpretation, is to be governed by the law of the place of performance.
Page 362 - Ed. 245) it is laid down that "matters bearing upon the execution, the interpretation, and the validity of a contract are determined by the law of the place where the contract is made. Matters connected with its performance are regulated by the law prevailing at the place of performance. Matters respecting the remedy, such as the bringing of suits, admissibility of evidence, statutes of limitation, depend upon the law of the place where the suit is brought.
Page 510 - Subject to the provisions of this Act, the interpretation of the drawing, indorsement, acceptance, or acceptance supra protest of a bill, is determined by the law of the place where such contract is made.
Page 406 - The general principle In relation to contracts made In one place to be performed in another is well settled. They are to be governed by the law of the place of performance, and, if the interest allowed by the law of the place of performance is higher than that permitted at the place of contract, the parties may stipulate for the higher interest without incurring the penalties of usury.
Page 86 - State, be absolutely void, without any decree of divorce or other legal process...
Page 463 - says Lord Mansfield, ' established ex comitate et jure gentium is that the place where the contract is made, and not where the action is brought, is to be considered in expounding and enforcing the contract. But this rule admits of an exception where the parties at the time of making the contract had a view to a different kingdom.
Page 2 - The true foundation on which the administration of international law must rest is that the rules which are to govern are those which arise from mutual interest and utility, from a sense of the inconveniences which would result from a contrary doctrine, and from a sort of moral necessity to do justice in order that justice may be done to us in return.