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" Generally speaking," says Story, " the validity of a contract is to be decided by the law of the place where it is made, unless it is to be performed in another country; for, as we shall presently see, in the latter case, the law of the place of performance... "
The Legal Observer, Or, Journal of Jurisprudence - Trang 23
1836
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The American Jurist and Law Magazine, Tập 11

1834 - 518 trang
...of those doctrines which appear to be recognised and settled in the jurisprudence of the common law. 'Generally speaking, the validity of a contract is...by tacit or implied consent. The rule is founded, 1834.] Conflict of Laws. 397 not merely in the convenience, but in the necessities of nations ; for...

American Quarterly Review, Tập 17

Robert Walsh - 1835 - 568 trang
...civil institution, subject to the legislative authority, as matter of public police and regulation. foreign Contracts. Generally speaking, the validity...valid there, it is, by the general law of nations, gine gentium, held valid every where, by tacit or implied consent. 2. The same rule applies vice versa...

American Quarterly Review, Tập 17

Robert Walsh - 1835 - 582 trang
...civil institution, subject to the legislative authority, as matter of public police and regulation. Foreign Contracts. Generally speaking, the validity...valid there, it is, by the general law of nations, gine gentium, held valid every where, by tacit or implied consent. 2. The same rule applies vice versa...

Commentaries on the Conflict of Laws, Foreign and Domestic,: In Regard to ...

Joseph Story - 1841 - 966 trang
...common law holds a different doctrine, viz., that the lex loci contracts is to govern 3. § 242. (1). Generally speaking, the validity of a contract is...nations, (jure gentium), held valid every where, by the tacit or implied consent of the parties4. The rule is founded, not merely in 1 Ante, § 51—79....

Reports of Cases Argued and Determined in the Supreme Court of the ..., Tập 19

Louisiana. Supreme Court, Branch Walthus Miller, Thomas Curry - 1842 - 666 trang
...divided in opinion and the authorities nearly balanced. Judge Story in his conflict of laws says, " generally speaking the validity of a contract is to...nations, jure gentium, held valid every where, by the tacit or implied consent of the parties." The same rule has been Contmets >r« . . . to be decided...

A Law Dictionary, Adapted to the Constitution and Laws of the United ..., Tập 1

John Bouvier - 1843 - 752 trang
...contract has been made, is a most material consideration in its construction. Generally its validity is to be decided by the law of' the place where it is made ; if valid there, it is considered valid every where. 2 Mass. R. 88; 1 Pet.'R. 317 ; Story, Conn, of Laws, § 242; 4 Cowen's...

Reports of Cases at Law and in Equity Argued and Determined in the ..., Tập 26

Arkansas. Supreme Court - 1872 - 752 trang
...his theory, than the argument presented by the majority. Continuing, Judge STORY says : (sec. 242,) "Generally speaking, the validity of a contract is to be decided by the law of the place where it is made, unless it is to be performed in another country." This contract (the payment of the money...

Commentaries on the Conflict of Laws: Foreign and Domestic, in Regard to ...

Joseph Story - 1846 - 1148 trang
...common law holds a different doctrine, viz. that the Lex loci contractus is to govern.4 § 242. (1.) Generally speaking, the validity of a contract is to be decided by the law of the place, 1 The learned reader, who wishes for farther instruction as to the opinions of foreign jurists on all...

Commentaries on the Law of Bills of Exchange: Foreign and Inland, as ...

Joseph Story - 1847 - 704 trang
...another work, before he could possess himself of the main elements, belonging to this invalidity of contracts. Generally speaking, the validity of a contract...the general law of nations, jure gentium, held valid everywhere, by the tacit or implied consent of the parties.1 The rule is founded, not merely in the...

Reports of Cases in Law and Equity, Argued and Determined in the ..., Tập 2

Georgia. Supreme Court - 1847 - 556 trang
...innumerahilm." 1 hut. Lib. 1, tit. 2, see 2. The first proposition we assert is this — as a general rule the validity of a contract is to be decided by the...if valid there, it is by the general law of nations held valid every where, by the tacit or implied consent of the parties. Story'* Convict of Laws, sec....




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