Conflict of Laws, Or, Private International Law

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Little, Brown, 1901 - 575 lappuses

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Populāri fragmenti

6. lappuse - Comity,' in the legal sense, is neither a matter of absolute obligation, on the one hand, nor of mere courtesy and good will, upon the other. But it is the recognition which one nation allows within its territory to the legislative, executive or judicial acts of another nation, having due regard both to international duty and convenience, and to the rights of its own citizens or of other persons who are under the protection of its laws.
270. lappuse - It is a clear proposition, not only of the law of England, but of every country in the world, where law. has the semblance of science, that personal property has no locality. The meaning of that is, not that personal property has no visible locality, but that it is subject to that law which governs the person of the owner. With respect to the disposition of it, with respect to the transmission of it, either by succession or the act of the party, it follows the law of the person.
22. lappuse - The question whether a statute of one State, which in some aspects may be called penal, is a penal law in the international sense, so that it cannot be enforced in the courts of another State, depends upon the question whether its purpose is to punish an offense against the public justice of the State, or to afford a private remedy to a person injured by the wrongful act.
430. lappuse - 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.
97. lappuse - But the law will recognize a wife as having a separate existence, and separate interests, and separate rights, in those cases where the express object of all proceedings is to show that the relation itself ought to be dissolved, or so modified as to establish separate interests...
529. lappuse - With respect to the common or unwritten law of a foreign state or country, the general rule Is that It is to be proved by the best evidence the nature of the case will admit of.
219. lappuse - Applying these two principles, it follows that the law of the father's domicil at the time of the legitimating act will be the proper law to determine the status of both parties. If by that law the act in question legitimates the bastard, the beneficial status thus created will in general be recognized everywhere, including the bastard's domicil, though by the law of the latter state the act would not suffice to create a legitimation. On the other hand, if by the law of the father's...
471. lappuse - But when, in the exercise of that power, the states pass beyond their own limits, and the rights of their own citizens, and act upon the rights of the citizens of other states, there arises a conflict of sovereign power, and a collision with the judicial powers granted to the United States, which renders the exercise of such a power incompatible with the rights of other states, and with the constitution of the United States.
12. lappuse - ... on a variety of circumstances which cannot be reduced to any certain rule ; that no nation will suffer the laws of another to interfere with her own to the injury of her citizens ; that whether they do or not must depend on the condition of the country in which the foreign law is sought to be enforced, the particular nature of her legislation, her policy, and the character of her institutions ; that...
12. lappuse - They have attempted to go too far, to define and fix that which cannot, in the nature of things, be defined and fixed. They seem to have forgotten that they wrote on a question which touched the comity of nations, and that that comity is, and ever must be, uncertain...

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