Private International Law. a Treatise on the Conflict of Laws; And the Limits of Their Operation in Respect of Place and Time Book PDF, ePub eBook

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Book Descriptions:
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. 1869 edition. Excerpt: ... the succession ab intestato, without any exception of landed estates that may be situated abroad (k). It must be observed, finally, that most writers (l), as well as the greater number of courts (rn), accept the doctrine here vindicated. Sect. XXXVI.--(§ 379.) V. LAW OF THE FAMILY.--A. MARRIAGE. Rights arising from the family relations are most nearly akin to personal status (capacity to have rights and capacity to act, § 362), and are essentially distinct from the patrimonial relations by which a person is brought into connection with external and arbitrarily chosen objects (a). On the other side, considerations, partly moral and religious and partly political, have great influence upon it, for which reason statutes of a coercitive and strictly positive nature most frequently occur in this department. A. Marriage.--There is no doubt as to the true seat of the marriage relation; it must be presumed to be at the domicile of the husband, who, according to the laws of all nations and of all times, must be recognised as the head of the family (b). For this reason, too, the territorial law of every marriage must be fixed according to it; and the place away from the domicile where the marriage may be celebrated, is quite immaterial (c). (k) Bornemann, p. 60, attempts to weaken this argument by imputing to the testator, quite arbitrarily, the intention to admit only a single substitute. (0 This fact is admitted by Bornemann, p. 54. (m) Admitted by Bornemann, p. 62. Among these is a very exhaustive judgment at Glogau in 1828 (Fiinfmannerbnch, pp. 118, 119). Quite in harmony with this doctrine is the judgment above cited, § 376, m, although in that case much that is incorrect is mixed up with the grounds of the judgment. (a) See...

Private International Law. a Treatise on the Conflict of Laws; And the Limits of Their Operation in Respect of Place and Time by Friedrich Karl Von Savigny

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