The Conflict Of Laws In Cases Of Divorce

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1860 edition. Excerpt: ... the Institutes, 3, 14, I: --" Omnium autem obligationum summa divisio in duo genera deducitur; namque aut Civiles sunt, aut Praatoriae. Civiles sunt quae aut legibus constitute, aut certo jure civili comprobatae sunt. Praetoriae sunt, quas Praetor ex sua jurisdictione constituit, quae etiam honorariae vocantur." 2, " Sequens divisio in quatuor species dividitur. Aut enim ex contractu sunt, aut quasi ex contractu: aut ex malificio, aut quasi ex maleficio." Therefore a person incurs an obligation who has subjected himself to another (1) by contract, or (2) by wrong, or (3) by other circumstances facta), which, though neither contracts nor wrongs, produced, by special provision of law, effects like those produced by contracts or wrongs. "Obligationes aut ex contractu nascuntur, aut ex maleficio, aut proprio quodam jure, ex variis causarum figuris." Justinian does not say, " ex quasi contractu; ex quasi delicto;" but "quasi ex contractu; quasi ex delicto." That is, they exist as if there had been a contract or a delict, though there was none. The results of the facta resemble those of a contract or wrong; but the facta themselves remain facta still. Now, the man who incurs an obligation in any of these ways ought to be made to answer to every action which the obligation gives rise to, before the Judge of the territory where he entered into or made it. As to jurisdiction arising from contracts, and citation in loco Jurisdiction in contractus, the rule has never been more clearly stated than mratuT' the following words: --" Neque vero statutum, aut consuetudo loci, solos cives, et homines suburbiorum, veluti subditos statuentium comprehendit; verum etiam forenses ac extraneos, dummodo hoc posteriore casu duo interveniant cumulative...

Reprint of the eighth and last edition. Along with William Kent, Joseph Story [1779-1845] shares the distinction of having had the greatest influence on American law during the nineteenth century. Marvin considers Story's Conflict of Laws to be the first systematic work on the subject. Story collected material from all available sources, and systematized it in a manner useful to all practitioners. "No work on international jurisprudence merited, nor received, greater praise from the jurists of Europe. It impressed English lawyers with the highest respect for the extensive learning of Mr. Justice Story.": Marvin, Legal Bibliography (1847) 670-671.