Commentaries Upon International Law

CONTENTS.

CHAP. I.

JUS GENTIUM-PRIVATE INTERNATIONAL LAW. Pp. 1–21.

Distinction between Jus inter Gentes and Jus Gentium. Private Inter-

national Law, or Comity; What it is. Consent of States to adopt certain

Maxims and Rules of Law respecting Individual Foreigners commorant

within the limits of their Territory; How such consent manifested.

Why and when the State ought to adopt as its own the Law of the

Foreigner. Exceptions and Restrictions, Moral, Religious, Political.

Instances: Slavery; Incestuous Marriage. Note on Sources of Private

International Law.

CHAP. II.

PLAN OF THE WORK. Pp. 22-24.

How an Individual (persona) and his Personal Rights (status) become sub-
ject to the Laws of a particular Territory: (1) Origin and Domicil;
(2) Jura arising from Family; (3) Jura arising from Property;
(4) Rules as to Form of Procedure in Actions; (5) Criminal Inter-
national Law.

CHAP. III.

ORIGO. Pp. 25-31.

Different effect of, in Roman and Modern Jurisprudence. Savigny's Opinion
not entirely correct. English and French Law.

CHAP. IV.

DOMICIL. Pp. 32-41.

Its effect in subjecting the Individual to a particular Territory-a question

of Fact and Law. Sketch of its History in Roman and Modern Juris

prudence.

CHAP. IV. a.

DEFINITION OF DOMICIL. Рp. 42-46.

CHAP. V.

CAN A MAN HAVE TWO DOMICILS? Pp. 47-53.

Whether a Man can have Two Domicils. Distinction between Domicil and

Allegiance.

CHAP. VI.

CAN A MAN BE WITHOUT A DOMICIL? Pp. 54-57.

Whether a Man can be without a Domicil. A Vagabond. Original Domicil
easily reverts. Children of unknown Parents; Where Domiciled.

CHAP. VII.

DIFFERENT KINDS OF DOMICIL. Pp. 58-60.

Domicil of Birth. Domicil by operation of Law.

CHAP. VIII.

NECESSARY DOMICIL-WIFE. Pp. 61-74.

Domicil by operation of Law or Necessary Domicil. The Wife.

CHAP. IX.

NECESSARY DOMICIL-MINOR. Pp. 75-93.

Necessary Domicil of the Minor: (1) Legitimate; (2) Illegitimate.

CHAP. X.

THE STUDENT THE LUNATIC-THE SERVANT. Pp. 94–102.

Necessary Domicil of the Student-of the Lunatic-of the Servant.

CHAP. XI.

THE PUBLIC OFFICER. Pp. 103–148.

Necessary Domicil of Public Officer: Military and Naval; the Ambassador;

the Consul; the Ecclesiastic; the Prisoner; the Exile; the Emigrant;

a Corporation.

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.

CHAP. XX.

MISCELLANEOUS INCIDENTS TO MARRIAGE. Pp. 354–360.

CHAP. XXI.

DIVORCE SENTENCE OF FOREIGN COURT. Pp. 361-380.

(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.