Commentaries on the Conflict of Laws, Foreign and Domestic: In Regard to Contracts, Rights, and Remedies, and Especially in Regard to Marriages, Divorces, Wills, Successions and Judgments

Forside
Little, Brown, 1857 - 1047 sider
 

Andre utgaver - Vis alle

Vanlige uttrykk og setninger

Populære avsnitt

Side 157 - All men are born free and equal, and have certain natural, essential, and unalienable rights; among which may be reckoned the right of enjoying and defending their lives and liberties; that of acquiring, possessing, and protecting property; in fine, that of seeking and obtaining their safety and happiness.
Side 449 - 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.
Side 925 - Suppose the statutes of limitation or prescription of a particular country do not only extinguish the right of action, but the claim or title itself ipso facto, and declare it a nullity after the lapse of the prescribed period, and the parties are...
Side 361 - Generally speaking the validity of a contract is to be decided by the law of the place, where it is made...
Side 449 - The general principle, in relation to contracts made in one place to be executed in another, is well settled. They are to be governed by the law of the place of performance...
Side 242 - By marriage, the husband and wife are one person in law: that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband...
Side 188 - The comity thus extended to other nations is no impeachment of sovereignty. It is the voluntary act of the nation by which it is offered, and is inadmissible when contrary to its policy, or prejudicial to its interests.
Side 956 - ... can, a new case upon new evidence? Or is the court to review the former decision, like a court of appeal, upon the old evidence ? In a case of covenant, or of debt or of a breach of contract, are all the circumstances to be re-examined anew? If they are, by what laws and rules of evidence and principles of justice is the validity of the original judgment to be tried? Is the court to open the judgment, and to proceed ex aequo et bono?
Side 421 - ... contracts are to be construed and interpreted according to the laws of the State in which they are made, unless from their tenor it is perceived that they were entered into with a view to the laws of some other State.
Side 889 - In such a case, as property of this kind is to be held according to the laws of the country where it is situated, and as the right of granting it is vested in the ruler of the country, controversies relating to such property can only be decided in the State in which it depends.

Bibliografisk informasjon