Bidrag til laeren om fordringsrettigheders foraeldelse efter dansk og fremmed ret

P.G. Philipsen, 1885 - 275 Seiten

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Seite 242 - ... in actions of debt or upon the case grounded upon any simple contract, no acknowledgment or promise by words only shall be deemed sufficient evidence of a new or continuing contract...
Seite 150 - If any person who is liable to any of the actions mentioned in this chapter, shall fraudulently conceal the cause of such action from the knowledge of the person entitled thereto, the action may be commenced at any time within two years after the person who is entitled to bring the same shall discover that he had such cause of action, although such action would be otherwise barred by the provisions of this chapter.
Seite 241 - But the new promise, and not the old debt, is the measure of the creditor's right. If a debtor simply acknowledges an old debt, the law implies from that simple acknowledgment a promise to pay it; for which promise the old debt is a sufficient consideration.
Seite 68 - La prescription est un moyen d'acquérir ou de se libérer par un certain laps de temps, et sous les conditions déterminées par la loi.
Seite 241 - ... in the declaration) within six years ; and the only principle upon which it can be held to be an answer to the statute is this, that an acknowledgment is evidence of a new promise, and, as such, constitutes a new cause of action, and supports and establishes the promises which the declaration states.
Seite 243 - Enactments or either of them, or to deprive any Party of the Benefit thereof, unless such Acknowledgment or Promise shall be made or contained by or in some Writing to be signed by the Party chargeable thereby...
Seite 149 - Virginia, 491, § 14,) provided that "if any defendant shall abscond or conceal himself, or by removal out of the country or the county where he resides when the cause of action accrued, or by any other indirect ways or means, defeat or obstruct the plaintiff, then the defendant shall not be admitted to plead the statute of limitations.
Seite 241 - If an acknowledgment, had the effect, which the cases in the plaintiff's favor attribute to it, one should have expected that the replication to a plea of the statute would have pleaded the acknowledgment in terms, and relied upon it as a bar to the statute : whereas the constant replication, ever since the statute, to let in evidence of an acknowledgment, is, that the cause of action accrued (or the defendant made the promise in the declaration) within six years...
Seite 242 - ... not open to much observation, it was not long before the courts began to regard the statute with disfavor, and to resort to the most subtle constructions for the purpose of restricting its influence. There was a period when one who was spoken to on the subject of an old debt, could not well give a civil answer, without saying enough to take the case out of the statute.
Seite 29 - In actions founded upon contract the above limitations shall not apply if, from the answer of the defendant or from his testimony as a witness, it appears affirmatively that the cause of action still justly subsists.

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