The Columbia Jurist Volume 2

The Columbia Jurist Volume 2

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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. 1886 edition. Excerpt: ... Sec. 4. Leaving statutes out of the question, the capacity of a man to make a will of personal property depends on his capacity according to the law of the place where he is domiciled at the time of his death. We are apt to confound the word domicil with residence. They are entirely distinct Inhabitancy is an entirely different word. Residence and domicil have no connection. What we have to do to ascertain where a man's domicil is, is to commence with him at birth and see where his parents made their principal residence. Then we will regard that domicil as continuing until we have some evidence to show that he changed it That will consist of two elements, intent to change, and actual change. When we couple the two together, we may say that this new domicil is acquired. Sec. 5. Implied Obligation in a Contract as Affected by the Law of Place. Implied obligation in a contract may arise in the course of its performance, for example, a drawer of a bill of exchange impliedly agrees that if the drawee refuses to accept, he will be responsible. It in held that this obligation depende upon the law of the place where the bill is drawn, and not where it was to be accepted. Accordingly, the rate of interest will depend upon that. See Gibbs vs. Fremont, 9 Exchequer, 25. So it has been held that the implied power of a master of a ship to bind the cargo by a bottomry bond is measured by the law of the country to which the ship belongs at the time the bottomry bond is executed. This doctrine is technically termed the law of the flag. This is the English rule. It is thoroughly discussed in the case of Gaetano vs. Maria, L. R, 9 Q. B. D. 137. Sec. 7. The general rule is that the validity of a marriage is to be determined by the law of the place of the...
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Product details

  • Paperback | 204 pages
  • 189 x 246 x 11mm | 372g
  • United States
  • English
  • black & white illustrations
  • 1236907175
  • 9781236907172