Publisher's Synopsis
Excerpt from Dissertations on the Questions Which Arise From the Contrariety of the Positive Laws of Different States and Nations, Vol. 1: Containing Two Dissertations
7. In these countries it frequently happened, that the inhabitants of one province intermarried with those of another, that the citizens of lloucn, Rennes or Bordeaux, entered into contracts with citizens of Paris, Amsterdam or Brussells, that these contracts were sometimes made in the place of residence of one of the parties, and sometimes of neither, and that the same individual was often the proprietor of lands lying under the jurisdiction of different laws, containing opposite dispositions concerning the acquisition and transmission of such property. There consequently arose fre quent collisions between the laws of different countries and provinces, and questions were daily presented to jurisconsults and to courts of'justice, in which it became necessary to decide; whether the nature of a contract should be determined, by the law of' the place in which it was litigated, by the law of the domicil of one or both oi' the parties, or by the law of the place where the con tract was made; whether the capacity to make a testament should be regulated by the law of the.
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