CHAP. XII.

DOMICIL OF CHOICE. Pp. 149-154.

CHAP. XIII.

CRITERIA OF DOMICIL-PLACE OF ORIGIN. Pp. 155-208.

Oral and Written Declarations. Place of Death; Place of Wife and Family;

House of Trade; Depository of Papers, &c.; Mansion House; Descrip-

tion in Legal Documents. Political Rights. Real Estate. Length of

Time.

CHAP. XIV.

MISCELLANEOUS POINTS. Pp. 209–228.

(1) Domicil in Factories; (2) Domicil under a Treaty; (3) Domicil in

Mahometan Countries; (4) Domicil in a Country in which Domicil is

defined and regulated by a specific Law of that Country. Cases of

Englishmen under the French Law; case of Bremer v. Freeman.

NOTES ON THIS CHAPTER. Pp. 229-242.

Analysis of Cases decided in France upon the Domicil of Foreigners.

CHAP. XV.

JUS PERSONARUM-STATUS. Pp. 243-246.

CHAP. XVI.

STATUTA OR STATUTES. Pp. 247-253.

(1) Personal; (2) Real; (3) Mixed. Opinion of Bartolus; of Modern
Jurists-D'Aguesseau, Rocco, Fœlix, Savigny.

NOTES ON THIS CHAPTER. Pp. 254–257.

Extract from Bartolus.

CHAP. XVII.

THE PERSONAL STATUTE-STATUS-JUS IN PERSONA POSITUM.

Pp. 258-285.

Doctrine of the Continent.

America.

Doctrine of England and the United States of

English Naturalization Act.

CHAP. XVIII.

MARRIAGE. Pp. 286-327.

(1) Form of the Contract; (2) Capacity of the Contractors. Laws of

Different States thereupon. Remarks on Validity of.

CHAP. XIX.

MARRIAGE EFFECTS ON PROPERTY. Pp. 328--353.

(1) Where Marriage has taken place without Express Contract; (2) Where
with Express Contract. Where Property has been acquired-(1) Before
Marriage; (2) After Marriage. Where the Domicil-(1) is the same
as when the Marriage was contracted; (2) where it has been changed
subsequent to the Marriage. Construction of Marriage Contracts;
Dower; Jointure.

(1) What forum may grant Divorce; (2) What Law ought the forum to
apply; (3) Ought a State which does not permit Divorce to recognise
the Foreign Divorce of Foreigners? (4) Ought a State which does
permit Divorce to recognise a Foreign Divorce between two Foreigners,
or between a subject and a Foreigner? (5) Ought a State which
permits Divorce on Certain Grounds to recognise a Foreign Divorce
affecting its own Subjects obtained upon other Grounds?

NOTE ON THIS CHAPTER. P. 381.

The Roman Law on Divorce.

CHAP. XXII.

FOREIGN DIVORCE-ENGLISH LAW. Pp. 382-397.

Divorce. English Law respecting Foreign Divorce; (1) Divorce a mensa
et thoro; (2) a vinculo matrimonii (before the Statute, 20 & 21 Vict.
c. 85); (3) subsequent to that Statute.

CHAP. XXIII.

PATERNAL RIGHTS. Pp. 398-404.

Paternal Power over-(1) The Person, (2) The Property, of the Legitimate

Child.

CHAP. XXIV.

ILLEGITIMATE CHILDREN-POLICY OF STATES. Pp. 405-415.

CHAP. XXV.

GUARDIANSHIP. Pp. 416-442.

Foreign Guardianship: (1) Choice or Constitution of Guardian; (2) Power

of, when chosen or constituted (a) over the Person; (b) over the

Property of the Ward.

CHAP. XXVI.

RIGHTS RELATING TO PROPERTY. Pp. 443-452.

Third Division. Rights relating to Property. Distinction between mobilia

and immobilia. Moveable and Immoveable Property. Realty and

Personalty. Chattels Real, Chattels Personal, of English Law.

French biens. Latin bona. Application of mobilia sequuntur personam.

Story's Opinion.

CHAP. XXVII.

JURA INCORPORALIA. Pp. 453-463.

Jura ad rem. Incorporeal Chattels: (1) Patent Rights; (2) Copyrights;

Convention of Berne; (3) Trade Marks; (4) Industrial Property; Con-

vention of Paris.

CHAP. XXVIII.

ACQUISITION AND ALIENATION OF MOVEABLE AND IMMOVEABLE

PROPERTY. CAPACITY TO ACQUIRE OR TO ALIENATE.

Pp. 464-475.

Capacity of Foreigners to acquire or to alienate Property. What Law

should govern; lex domicilii-lex rei sita? Savigny's Opinion.

OBLIGATIONS--GENERAL REMARKS UPON. Pp. 476--481.

CHAP. XXX.

OBLIGATION-ITS MEANING IN ROMAN LAW. Pp. 482-486.

NOTE TO CHAPTER. P. 487.

Extract from Dictionary of Roman and Greek Antiquities.

CHAP. XXXI.

CONTRACTUS IN ROMAN LAW. Pp. 488-495.

Historical Origin of conventiones. Their division into: (1) Legitima; (2)

Juris Gentium; (2) Unilateral, Bilateral; (4) According to the Object

of the Contracting Parties; (5) As to the particular Form of Action.

Meaning of reus, correus, conventio, pactum, causa. Sources of

obligatio.

CHAP. XXXII.

OBLIGATIONS-ENGLISH LAW. Pp. 496-505.

Obligations. English Law considers them under the Category of Contracts.

Three Classes of Contracts: Contracts at Common Law; Contracts

under the Statute of Frauds. Admiralty Jurisdiction. French Law.

Foreign Codes.

OBLIGATIONS-CONFLICT OF LAWS. Pp. 507-523.

Question examined: (1) As to the Form, (2) As to the Substance, of

Obligation. Form of, considered in this Chapter. Doctrine of Roman

Law; of Foreign Codes. Maxim of locus regit actum; Error of sup-

posing it to be in Roman Law; Foreign Law as to this Maxim;

English Law.

CHAP. XXXIV.

OBLIGATIONS SUBSTANCE-REASON OF THE THING. Pp. 524-536.

Obligations. Conflict of Laws. As to Substance of Obligation; What is

the true Place or Seat of an Obligation; to what Jurisdiction is it

subject. Roman Law; Provisions of Foreign Codes.

CHAP. XXXV.

OBLIGATIONS-SUBSTANCE-DIVISION OF SUBJECT. Pp. 537-563.

Obligations. Conflict of Laws as to Substance of. Rules on the Subject
deducible from: (1) Writings of Jurists; (2) Decisions of English
and American Tribunals. Principles of Comity governing the Validity,
Nature, and Interpretation of Obligations and Contracts. Roman,
English, French, and German Law.

CHAP. XXXVI.

CONTRACT-IMMEDIATE EFFECTS-MUTUAL ACCOUNTS-AGENCY-

CORRESPONDENCE-INTEREST. Pp. 564-581.

Obligations. Immediate Effects of Obligation or Contract. Question of
Agency as to Contracts made Abroad. Ratification; Letters of
Attorney; Proxies. Contracts by Correspondence. Savigny's Opinion.
Mora; Loan. Security. Consequences or Effects of Contracts. Re-
payment of Advances of Money; Interest. Damages. Conflict of
Decisions in Tribunals of North American States.

CHAP. XXXVII.

THIRD DIVISION-MEDIATE EFFECTS OR ACCIDENTAL CONSEQUENCES

OF CONTRACTS-DAMAGES-CURRENCY-STORY'S COLLATERAL IN-

CIDENTS, ARISING BY (1) OPERATION OF LAW; (2) ACT OF THE

PARTIES LIENS, PRIORITY OF LIABILITY OF PARTNERS.

Pp. 582-595.

CHAP. XXXVIII.

THE LEX LOCI CONTRACTUS AND THE LEX REI SITE, CONSIDERED

WITH REFERENCE (1) TO THE TRANSFER OF REAL PROPERTY, (2)

TO SECURITIES AND LIENS UPON REAL PROPERTY. Pp. 596-€10.

CHAP. XXXIX.

TRANSFER OR ASSIGNMENT OF OBLIGATIONS: (1) BY ACT OF

OBLIGEE; (2) BY OPERATION OF LAW. BANKRUPTCY. PRIORITY

OF LIENS AND MORTGAGES-PRIVILEGED CREDITORS-PARTNER-

SHIP LIABILITY. Pp. 611-627.