Private International Law, and the Retrospective Operation of Statutes: A Treatise on the Conflict of Laws, and the Limits of Their Operation in Respect of Place and TimeT. & T. Clark, 1880 - 567 páginas |
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Private International Law and the Retrospective Operation of Statutes: A ... Friedrich Karl von Savigny Visualização completa - 1880 |
Termos e frases comuns
according acquired alibi application apud bona bonorum capacity casu circa collision consil contract courts doctrine domicile domicilii domicilium effect enim erit etiam existence extra territorium foreign habet hypothecs ibique ideo illa immoveable judged judic jure juridical acts juris Justinian L. J. Ch Landrecht law of obligations legal institution legal relation legislation legitimation lex domicilii lex fori lex rei sita libr licet loci loco locum locus marriage moveable nature nisi obligation opinion particular parties person personam positive law poterit potest principle Prussian law quæ quæst quam question quia Quid quis quod ratione recognised regard rei sitæ retroaction Roman law rules of law Savigny secundum seqq sita sive statute statutum succession Summ sunt tamen testament testamentum testator things tion transitory Trinit tunc ubique Ulpian Verum writers
Passagens mais conhecidas
Página 338 - Upon principle, every statute which takes away or impairs vested rights acquired under existing laws, or creates a new obligation, imposes a new duty, or attaches a new disability, in respect to transactions or considerations already past, must be deemed retrospective.
Página 106 - State; 6. If a person remove to another State with the intention of remaining there for an indefinite time, and as a place of present residence, he loses his residence in this State, notwithstanding he entertains an intention of returning at some future period; 7.
Página 71 - It never has been supposed by us, that the section did apply, or was designed to apply, to questions of a more general nature, not at all dependent upon local statutes or local usages of a fixed and permanent operation, as for example, to the construction of ordinary contracts or other written instruments, and especially to questions of general commercial law, where the state tribunals are called upon to perform the like functions as ourselves; that is, to ascertain upon general reasoning and legal...
Página 60 - But in the East, from the oldest times, an immiscible character has been kept up; foreigners are not admitted into the general body and mass of the society of the nation; they continue strangers and sojourners as all their fathers were - Doris amara suam non intermiscuit undam...
Página 266 - The use of these statutes of limitation is to preserve the peace of the kingdom, and to prevent those innumerable perjuries which might ensue if a man were allowed to bring an action for any injury committed at any distance of time. *Upon both these accounts the law r*ono therefore holds, that " interest rcipubltcœ ut sit finis litium...
Página 223 - Contractum autem non utique eo loco intelligitur, quo negotium gestum sit, sed quo solvenda est pecunia.
Página 106 - The third rule I shall extract is, that the original domicil, or, as it is called, the forum originis, or the domicil of origin, is to prevail, until the party has not only acquired another, but has manifested and carried into execution an intention of abandoning his former domicil and taking another as his sole domicil.
Página 60 - ... the full extent But in the East, from the oldest times, an immiscible character has been kept up ; foreigners are not admitted into the general body and mass of the society of the nation ; they continue strangers and sojourners as all their fathers were...
Página 249 - Indian interest, have been allowed in our courts to the amount of even twelve per cent. For the moderation or exorbitance of interest depends upon local circumstances ; and the refusal to enforce such contracts would put a stop to all foreign trade.
Página 70 - Gordon's marriage rights must be " tried by reference to the law of the country, where, if they " exist at all, they had their origin.