The Theory and Practice of Private International Law

The Theory and Practice of Private International Law

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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. 1892 edition. Excerpt: ... performance to be the general rule, hut remarks, 282, that it is "often s matter of serious question whether that law or that of the place where it is made should prevail." The rule in England is to be fixed by substantial considerations, the preference being given to the country with which the transaction has the most real connection, and not to the law of the place of contract as such. The influence of Savigny's teaching has, as Rivier (p. 72) truly remarks, made itself much felt in modern times. We must not, however, forget that very frequently the place of performance is the domicile of one or other of the parties. party to a contract should propose, that his contract relation should for the first time come into full play and development, when he shall have given up his present residence or domicile. Besides, an appeal to the law of nationality will in fact result in violation of bona fides. It may very well be that to ascertain the capacity of a person to contract, one may have to refer to a certain extent to his national law: but we cannot, in view of the despatch with which ordinary commercial contracts are often, or must often be made, measure each and every stipulation of a contract by the national law of the other party. Just as the place of the making of the contract is, in this sphere, generally strong enough to drive the personal law of the parties into the background, so a similar force must be attributed to the law of the domicile as against that of the nationality. It is therefore unsound to give, as the Italian Code, 9, Alin 2 disposiziom sulla publicazione, and 7 of the new Belgian proposed code give, most weight to the national law of the two contracting parties, and not so much to more

Product details

  • Paperback | 678 pages
  • 189 x 246 x 35mm | 1,193g
  • United States
  • English
  • black & white illustrations
  • 1236844858
  • 9781236844859