Das allgemeine Deutsche Handelsgesetzbuch u. s. w., herausgegeben von H. Makower. Berlin, 1885.

mit Kommentar,

IV. Writers on Private International Law, per se :—

P. Voet, De Statutis eorumque concursu, ss. 4, 9, 10, 11, upon the Collision of Statutes (A.D. 1661).

J. N. Hertius, De Collisione Legum (A.D. 1688).

opuscul. vol. i. pp. 118-154.

Comment. et

L. Boullenois, Taité de la personnalité et de la réalité des Loix, &c. (1766, A.D.). It is a French translation with considerable additions of Rodenburg's work.-D. Meier, De Conflictu Legum (A.D. 1810).

G. V. Struve, Ueber das positive Rechtsgesetz in seiner Beziehung auf räumliche Verhältnisse (A.D. 1834).

W. Schäffner, Entwickelung des internationalen Privatrechts (A.D. 1841).

Pütter, Das praktische Europäische Fremdensrecht, A.D. 1845.

Wächter wrote some excellent numbers, "Ueber die Collision der Privatrechtsgesetze," in a German publication entitled "Archiv für die civilistische Praxis," 24th and 25th volumes (A.D. 1841-2).

Rocco: Dell' uso e autorità delle leggi del Regno delle Due Sicilie considerate nelle relazioni con le persone e col territorio degli Stranieri (A. D. 1837).

Felix, Du Droit International Privé, ou du Conflit des Lois de différentes Nations en matière de Droit Privé (edition by M. Demangeat in 1856).

Henry, Judgment in Odwin v. Forbes, A.D. 1823.

Story, Commentary on the Conflict of Laws, ed. 1872.

Burge, Commentaries on Colonial and Foreign Laws generally, and in their conflict with each other and the Law of England, A.D. 1838. R. Phillimore, The Law of Domicil, A.D. 1847.

Westlake, Private International Law, A.D. 1880.

Savigny, System des heutigen Römischen Rechts, Achter Band, A.D.

1849.

This eighth volume of the author's great work is entirely occupied with Private International Law.

Bar, Das internationale Privat- und Strafrecht. Hannover, 1862. Lawrence, Commentaire sur les Eléments du Droit International, &c. de Wheaton, Tome iii. Leipzig, 1873.

Wharton, On the Conflict of Laws, Philadelphia, 1872.

V. The decisions of Courts of Justice of Independent States upon questions involving a conflict of Laws. See Brightly's decisions of the American Federal Courts: title, "Conflict of Laws."

VI. Lex Mercatoria of Independent States.

VII. Civil Codes of States into which express provisions on the subject of Private International Law have been incorporated.

CHAPTER II.

PLAN OF THE WORK.

XXVI. IN the former Chapter it has been stated that the Judge who has to decide as to a particular Jural Relation which comes into contact with the laws of divers States, ought, as a general rule, to arrive at his decision by applying to that particular Jural Relation that positive law to which it is, according to its true nature, properly subject. All positive law is derived from a State (a), that is, from a particular defined territory occupied by a particular people, governed by their own Ruler.

The enquiry, therefore, to what positive law a particular Jural Relation is, according to its own nature, subject, necessarily involves the further enquiry as to the territory from which the positive law is derived. This necessarily leads to a further enquiry as to what are the ties which bind an individual (persona), and all that appertains to his personal rights (Status, l'état du droit, Rechtszustand), to a particular territory so as to subject him to its laws.

XXVII. We may consider the individual (persona) in himself, with his personal rights, abstractedly; that is, without reference to other considerations than the actual place in which he corporeally exists or resides; and then these ties appear to be of a twofold character, arising out of

1. Origin;

2. Domicil.

It is by reference to the positive law of his Origin or his Domicil, that the personal state or legal condition of

(a) Vol. i. pt. i. c. i.

the individual-his status-his capacity of actually acquir ing or being passively the subject of Jural Relations-is to be ascertained.

XXVIII. But we must also consider the individual with reference to his acts, and the Jural Relations which accrue therefrom: and then, in order to discover to what positive law these Jural Relations should be subject, we are led beyond the consideration of the particular territory to which, by Origin or Domicil, the individual may be attached.

The positive law of the territory in which the acts of the individual have been done, from which these Jural Relations have accrued, must be considered, and also the positive law of the territory of other individuals with whose Jural Relations his acts have brought him into contact.

These Jural Relations may be classified under the two great categories of

1. Jural Relations of Family;

2. Jural Relations of Things or Property.

XXIX. The positive law which should govern these Jural Relations, when they are in contact with divers positive laws, should be the positive law to which they are naturally subject; or, as it is sometimes said the law of the territory in which the Jural Relation has its seat.

Or it may be thus expressed: the individual is connected with positive law in a threefold manner, namely, 1. By his person;

2. By his acts;

3. By his property.

XXX. In the present treatise it is proposed to consider both

1. What law ought to govern the particular Right or Jural Relation which comes in contact with divers laws; and

2. What law by the consent of States does practically govern such Jural Relation.

The arrangement of the subject will be as follows:-To consider

First, Origin and Domicil; and, as necessarily connected therewith, the Personal Status of the Individual.

Secondly, the Legal Relations arising from Family — under which head will be included

Thirdly, Property-under which head will be included —

1. Rights to specific things;

a. Immoveables.

b. Moveables.

2. Rights to compel certain persons to do certain things, or Obligations-of which Contracts are

a branch.

3. Rights relating to Succession, whether Testamento or ab Intestato.

Fourthly, The rules which govern the Form and Manner of Procedure in actions or suits in which the subject of a Foreign State is Plaintiff or Defendant.

Fifthly, Criminal International Law, which concerns the unlawful acts of a subject of a Foreign State (b).

(b) This is treated of by Felix under Private International, but by Savigny as a matter of Public International, Law, because the State is prosecutor. Vide antè, vol. i. pt. iii. c. xviii. "Right of Jurisdiction over Persons." An essay on this subject has been written by a late Home Secretary, Sir George Cornewall Lewis.

CHAPTER III.

ORIGO.

XXXI. THE expressions "Origo" (a) and "Domicilium " (b) have been engrafted into all modern jurisprudence from the Roman Law. Savigny (c), however, justly warns us against the danger of a false application of supposed technical expressions of that law, as connected with these words.

The warning, however, is not needed, or scarcely needed, as to the word domicilium, the Rules of Law respecting which have not been essentially modified by modern usage, and which in practice are correctly applied.

But with respect to the word Origo, the case is different. A greater danger of mistake exists as to it; not on account of any obscurity in the Roman decisions. upon the subject, but because the modern status of the individual differs essentially from that which he possessed under the Roman Empire. This is a danger of which the practice of modern law scarcely admonishes us.

The word Origo is so easily translated into the words place of birth (lieu de la naissance—Geburtsort), that modern jurists (including among their number those who were acquainted with the true meaning of Origo in the Roman Law) have frequently so rendered it :-"The mere place of birth," Savigny says, "is an accidental circumstance without any "legal influence whatever."

(a) Origin. L'origine, Herkunft.

(b) Domicil. Domicile, Wohnsitz, [Woonplaats, Domicilio.]

The

(c) R. R. viii. s. 350. The following slight sketch is chiefly taken

from his large picture.