International Civil and Commercial Law as Founded Upon Theory, Legislation, and Practice

Εξώφυλλο
Macmillan, 1905 - 559 σελίδες
 

Περιεχόμενα

Territoriality in Modern Times
37
PAGE
LIST OF AUTHORITIES
61
TABLE OF AMERICAN AND ENGLISH CASES
INTRODUCTION
1
The General Nature of Legislation upon International Private
7
Peculiarities of International Private Law in Territories under Con
8
INTERNATIONAL COMMercial laW COMMERCIAL LAW PROPER
14
13
16
Acceptance of the Roman
20
The New Italian School
30
38 Founding of the Doctrine of National
38
Influence of the Italian School XII AT THE PRESENT TIME
39
Brief Review
40
The Basis of Doctrinary Discussion
43
PART
51
IN ANCIENT TIMES
52
16 The Recuperators
57
The Regulation of the Status in the Laws of the Principal Nations
58
THE FRENCH DOCTRINE OF THE SIXTEENTH CENTURY
70
Carolus Molinæus
74
THE DOCTRINE OF BELGIUM AND HOLLAND IN
76
THE DUTCH SCHOOL IN GERMANY
80
THE DUTCH SCHOOL IN ENGLAND AND AMERICA
83
THE STATUTORY PROBLEM IN SWITZERLAND
86
PAGE
90
215
94
The Maxim locus regit actum in the Law of Things
95
Ownership and Possession
96
Limitation of Vindication in Respect of Movable Things
97
Prescription
98
Rights of Pledge in Movables and Choses in Action
99
100 Rights of Pledge in Immovables
100
INTERNATIONAL CIVIL LAW GENERAL QUESTIONS
101
The Legal Position of Aliens in Modern Times in Respect of Private
102
of the World
103
The Nature and Classification of Rules of Conflict
106
The Principle of Domiciliary
109
The Principle of National
119
Neutral Principles
128
Reference and Rereference
132
Outlines of the Categories of Law Applicable in Modern International Jurisprudence
135
Reasons for the Application of Foreign Private
137
The Task of Science
142
Interpretation in International Private
146
Socalled Fraud against the Internal
148
96
153
Subjection to a Foreign System of Civil Law by Agreement of the Parties
155
Introductory Remarks
160
Form in Relation to International Transactions
161
Capacity to act of Merchants qua singuli
162
The Legal Position of Foreign Merchants Generally
163
Capacity to act of Business Entities
164
Attitude of Domestic Law to Foreign Corporations
165
Branch Establishments
166
Protection of Firm Names
167
Limitation of Actions in Private
168
Commercial Sales
169
Bonds and Notes payable to Bearer
170
Sale of Bonds and Notes payable to Bearer
171
Business at Exchanges
172
173 Speculation in Differences
173
Bank Transactions
174
The Regulation of the Status according to American and English
184
LAW OF OBLIGATIONS PAGE
186
63 The Capacity to act of Married Women The Capacity to act of Persons under Curatory for Prodigality
189
The Capacity to act of Insane Persons 184
190
63
192
195 Law of Markets and Fairs in Connection with Bills and Notes
195
Upon Certain Peculiarities of Status and Capacity to have Rights
200
The Capacity of Juristic Persons
202
Venia ætatis émancipation
206
Rights in Names
208
The Existence and End of Physical Personality
209
LAW OF THE FAMILY
213
Betrothals
214
I
217
Entrance into Marriage
218
LAW OF OBLIGATIONS
219
102
220
19
225
73
226
The Law of Marital Property
227
The Law of Marital Property in America and England
232
Legislative Reflections upon the Law of Marital Property
233
Divorce
234
The Swiss Law of Conflict in Matters of Divorce
239
79 The BauffremontBibesco Affair
243
The Treaty of the Hague Conferences relating to Divorce
245
Parental Authority
247
Guardianship 83 A Peculiar System of solving Guardianship Conflicts 213
250
A Peculiar System of solving Guardianship Conflicts
254
257
257
Adoption
260
148
264
Legitimation of Children born Antenuptially
265
Claims in Bastardy
268
PAGF
269
Voluntary Recognition of Illegitimates
271
The Labors of the Institute with Reference to Marriage and Divorce
273
Introductory Remarks
274
Immovables
278
106
288
295
291
General Discussion Review of the Various Theories
295
109
297
The Correct Doctrinary Standard 105 Legislative Proposals for the Regulation of the International Law of Obligations
300
PARTICULAR OBLIGATIONS
330
A Unilateral Obligations 114 Acts of Acknowledgment
331
115 Obligation to pay a Debt of Honor
332
Mandate or Power of Attorney
333
117 Loans
334
International Obligations of Great Industrial Enterprises
336
119
338
Gifts inter vivos
344
B Bilateral Obligations 121 Contracts of Sale
345
122 Transactions at Markets Fairs and Exchanges
349
Contracts of Letting and Hiring
351
124 Contracts for Work in the Manufacture of a Completed Article
352
125 Contracts for Work and Labor
353
Lottery Contracts
355
Obligations quasi ex contractu 127 Obligations arising out of Voluntary Agency Payment by Mistake and Unjust Enrichment
357
128
358
Special Cases of Torts 130 Liability of States and Communities for Injuries occurring to For eigners within their Borders
365
375 377 131 Introductory Remarks
370
The Doctrines adopted by the Various Countries in Regard to Suc cession
371
132
372
A Neutral Doctrine in the Law of Succession
375
Professio juris in the Law of Succession
377
135
380
The Capacity to succeed possessed by Natural Persons
381
3333
386
137
387
307
388
Real Property in the Law of Succession
389
140 Gifts causa mortis
391
Socalled Coercive Laws in Regard to Succession
393
142
395
143 Peremptory Rights of Succession
396
Testamentary Capacity
399
Restraints on Testamentary Dispositions
402
146
403
Form of the Testament
406
888
407
148
413
23383
414
Contracts for Succession
415
151
418
Rights of the State in Succession
419
153
421
S 154 155 156 omitted 157 The Treaty of 18501855 between the United States of America and Switzerland
423
158
427
PART THREE INTERNATIONAL COMMERCIAL
430
COMMERCIAL LAW PROPER PAGE 160 Introductory Remarks
431
161
435
162 Capacity to act of Merchants qua singuli
436
The Legal Position of Foreign Merchants Generally
438
43
439
Capacity to act of Business Entities
441
Attitude of Domestic Law to Foreign Corporations
443
Branch Establishments
447
Protection of Firm Names
450
168
453
The Distinction between Jurisdiction forum and Substantive Law jus 53 The Relation of International Private Law to Internal Civil Law 54 Subjectio...
454
57 The Capacity to have Rights and the Capacity to act of Natural Persons in General 173
455
Bonds and Notes payable to Bearer
457
Sale of Bonds and Notes payable to Bearer
459
Business at Exchanges
461
Speculation in Differences
462
Bank Transactions
465
Various Forms of Commercial Organizations and their Auxiliaries
466
Factors and Forwarders
469
Railroad Freight Contracts
470
Carriage on Inland Waters
473
Torts in Commercial Law
475
LAW OF BILLS AND NOTES 181 Introductory Remarks
477
Rules of Conflict in the Law of Bills and Notes
480
46
482
423
485
185 Autonomy of the Parties in the Law of Bills and Notes
490
312
493
314
494
52
497
Agency in the Law of Bills and Notes
498
189 Suretyship in the Law of Bills and Notes
499
Domiciled Bills
500
191 Purely Formal Provisions relating to Bills and Notes
501
375
503
192 Conditions of Recourse
504
193 Vis major as an Excuse for Nonprotest
505
194 Extraterritorial Significance of the French Moratory Laws
506
197 Questions of Proof
509
201 The lex patriæ of Maritime
516
Collisions in Harbors and on the High Seas
522
APPENDICES
527
Treaty of the Hague International Conferences to regulate the Conflict
532
Treaty of the Hague International Conferences to regulate the Conflict
535
318
539
322
540
159 The Labors of the Hague Conferences Relative to Succession
541
331
542
332
544
504
546
The Effect of Entry into a Religious Order upon Capacity to succeed 418
548
271
550
333
551
345
552
514
553
35555
554
Interchanges of Declarations between States
555
LAW OF THINGS
556
352
558
355
559
Πνευματικά δικαιώματα

Άλλες εκδόσεις - Προβολή όλων

Συχνά εμφανιζόμενοι όροι και φράσεις

Δημοφιλή αποσπάσματα

Σελίδα 14 - ... merits, nor impeachable for fraud in obtaining them, if rendered by a court having jurisdiction of the cause and of the parties.
Σελίδα 479 - Where a bill, issued out of the United Kingdom, conforms, as regards requisites in form, to the law of the United Kingdom, it may, for the purpose of enforcing payment thereof, be treated as valid as between all persons who negotiate, hold, or become parties to it in the United Kingdom.
Σελίδα 480 - Where a bill is drawn out of but payable in the United Kingdom and the sum payable is not expressed in the currency of the United Kingdom, the amount shall, in the absence of some express stipulation, be calculated according to the rate of exchange for sight drafts at the place of payment on the day the bill is payable.
Σελίδα 480 - The duties of the holder with respect to presentment for acceptance or payment and the necessity for or sufficiency of a protest or notice of dishonour, or otherwise, are determined by the law of the place where the act Is done or the bill is dishonoured.
Σελίδα 559 - THE CITIZEN'S LIBRARY OF ECONOMICS, POLITICS, AND SOCIOLOGY Under the General Editorship of RICHARD T. ELY, Ph.D., LL.D., Director of the School of Economics and Political Science; Professor of Political Economy at the University of Wisconsin i2mo Half Leather $1.25 net, each MONOPOLIES AND TRUSTS.
Σελίδα 196 - The question whether a statute of one State, which in some aspects may be called penal, is a penal law in the international sense, so that it cannot be enforced in the courts of another State, depends upon the question whether its purpose is to punish an offense against the public justice of the State, or to afford a private remedy to a person injured by the wrongful act.
Σελίδα 495 - An unconditional promise in writing to accept a bill before it is drawn is deemed an actual acceptance in favor of every person who upon the faith thereof, receives the bill for value.
Σελίδα 479 - Kingdom. (2) Subject to the provisions of this Act, the Interpretation of the drawing, indorsement, acceptance, or acceptance supra protest of a bill, is determined by the law of the place where such contract is made. Provided that where an inland bill Is indorsed in a foreign country the Indorsement shall as regards the payer be Interpreted according to the law of the United Kingdom.
Σελίδα 398 - ... by the laws of the state or country, of which the decedent was a resident at the time of his death.
Σελίδα 479 - The validity of a bill as regards requisites in form is determined by the law of the place of issue, and the validity as regards requisites in form of the supervening contracts, such as acceptance, or indorsement, or acceptance supra protest, is determined by the law of the place whore such contract was made.

Πληροφορίες βιβλιογραφίας