Foreign and Domestic Law: A Concise Treatise on Private International Jurisprudence, Based on the Decisions in the English CourtsStevens and Haynes, 1878 - 532 Seiten |
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abroad acceptor according ACTS administration affreightment appears apply arise assignment authority bankrupt bankruptcy Bill of Exchange bottomry British subjects capacity cargo chattels choses in action cited claim Conflict of Laws contract creditor debt deceased decided decision defendant discharge domicil doubt effect enforced England English Court English law entitled evidence fact flag foreign country foreign Court foreign judgment foreign law French law governed Guibert held immovable property Incidents indorsement infrà intention jurisdiction land law of England law of France lex domicilii lex fori lex loci celebrationis lex loci contractus lex situs liability limited Lord maritime law marriage matter ment movable personal nationality nature obligation owner parties personal estate personal property plaintiff port primâ facie principle probate procedure provisions question real estate recognised referred regarded regulated remedy residence respect rule Scotch Scotland shew shewn ship Sovereign Story sued testator tion Torts tract transfer tribunal validity vessel Vict VIII Westlake
Beliebte Passagen
Seite 229 - All goods being, at the commencement of the bankruptcy, in the possession, order or disposition of the bankrupt, in his trade or business, by the consent and permission of the true owner, under such circumstances that he is the reputed owner thereof...
Seite 443 - Where a court of competent jurisdiction has adjudicated a certain sum to be due from one person to another, a legal obligation arises to pay that sum, on which an action of debt to enforce the judgment may be maintained.
Seite 316 - ... that the rights of the parties to a contract are to be judged of by that law by which they intended, or rather by which they may justly be presumed to have bound themselves.
Seite 393 - As a general rule, in order to found a suit in England, for a wrong alleged to have been committed abroad, two conditions must be fulfilled. First, the wrong must be of such a character that it would have been actionable if committed in England. . . . Secondly, the act must not have been justifiable by the law of the place where it was done.
Seite 65 - It is both just and reasonable, therefore, that the differences of married people should be adjusted in accordance with the laws of the community to which they belong, and dealt with by the tribunals which alone can administer those laws. An honest adherence to this principle, moreover, will preclude the scandal which arises when a man and woman are held to be man and wife in one country, and strangers in, another.
Seite 446 - Again, if the defendants had been at the time when the suit was commenced resident in the country, so as to have the benefit of its laws protecting them, or, as it is sometimes expressed, owing temporary allegiance to that country, we think that its laws would have bound them.
Seite 435 - On the trial of any issue joined, or of any matter or question, or on any inquiry arising in any suit, action, or other proceeding in any court of justice, or before any person having by law, or by consent of parties, authority to hear, receive, and examine evidence...
Seite 316 - ... 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.
Seite 303 - A person suing in this country must take the law as he finds it ; he cannot, by virtue of any regulation in his own country, enjoy greater advantages than other suitors here, and he ought not therefore to be deprived of any superior advantage which the law of this country may confer. He is to have the same rights which all the subjects of this kingdom are entitled to.
Seite 405 - Where any loss or damage is by reason of the improper navigation of such ship as aforesaid caused to any other ship or boat, or to any goods, merchandise, or other things whatsoever on board any other ship or boat...