The Conflict of Laws Relating to Bills and Notes: Preceded by a Comparative Study of the Law of Bills and Notes |
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Page 71
... alternative rule to the law of nationality whenever a party who is incompetent under his foreign personal law has capacity to contract under the law of the state where the contract is made . The Institute of International Law , at its ...
... alternative rule to the law of nationality whenever a party who is incompetent under his foreign personal law has capacity to contract under the law of the state where the contract is made . The Institute of International Law , at its ...
Page 78
... alternative rule entitled to extraterritorial recognition and not merely as an exception to the lex domicilii , resting upon the public policy of the state where the contract is made , and hence having only an intraterritorial effect.76 ...
... alternative rule entitled to extraterritorial recognition and not merely as an exception to the lex domicilii , resting upon the public policy of the state where the contract is made , and hence having only an intraterritorial effect.76 ...
Page 79
... alternative rule with the lex loci in the matter of commercial capacity can be justified only on grounds of expediency based on a desire to sustain contracts . What does sound policy re- quire in this regard ? The statutes relating to ...
... alternative rule with the lex loci in the matter of commercial capacity can be justified only on grounds of expediency based on a desire to sustain contracts . What does sound policy re- quire in this regard ? The statutes relating to ...
Page 80
... alternative is proper in the matter of commercial capacity because of its tendency to give stability to international transactions , why should not the same policy require its extension to capacity in general ? And if the rule is ...
... alternative is proper in the matter of commercial capacity because of its tendency to give stability to international transactions , why should not the same policy require its extension to capacity in general ? And if the rule is ...
Page 81
... alternative rules in the conflict of laws , such cases , which now rest upon an unsatisfactory basis , would present no diffi- culties whatever . Neither the territorial theory , which underlies the doctrine of the lex loci contractus ...
... alternative rules in the conflict of laws , such cases , which now rest upon an unsatisfactory basis , would present no diffi- culties whatever . Neither the territorial theory , which underlies the doctrine of the lex loci contractus ...
Other editions - View all
The Conflict of Laws Relating to Bills and Notes: Preceded by a Comparative ... Ernest Lorenzen No preview available - 2016 |
The Conflict of Laws Relating to Bills and Notes: Preceded by a Comparative ... Ernest Gustav Lorenzen No preview available - 2015 |
The Conflict of Laws Relating to Bills and Notes: Preceded by a Comparative ... Ernest Gustav Lorenzen No preview available - 2018 |
Common terms and phrases
acceptance supra protest acceptor according adopted alternative rule Anglo-American law apply Article Audinet authority B. E. A. sec Bank Bettelheim bill of exchange bill or note bills and notes capacity Clunet conflict of laws Convention courts deemed determined Diena different contracts domicile drawer and indorser drawer or indorser drawn due course England English law Exchange Act Exchange Law foreign Grünhut Hague holder in due honor law governing law of bills legislation lettre de change lex domicilii lex loci contractus lex loci solutionis lex patriae Lyon-Caen & Renault maturity ment Minakuchi Montevideo N. I. L. sec negotiable instrument non-acceptance non-payment notice of dishonor Ottolenghi paiement payee place of issue place of payment place of performance presentment for acceptance presentment for payment provisions question reasonable regards respect right of recourse Roman law signature Staub Surville & Arthuys thereof Trattato uniform act Uniform Law validity vis major
Popular passages
Page 214 - A cheque is a Bill of Exchange drawn on a banker payable on demand. Promissory Note. — A Promissory Note is an unconditional promise in writing made by one person to another, signed by the maker, engaging to pay on demand or at a fixed...
Page 181 - An unqualified order or promise to pay is unconditional within the meaning of this act, though coupled with — 1. An indication of a particular fund out of which reimbursement is to be made, or a particular account to be debited with the amount; or 2. A statement of the transaction which gives rise to the instrument. But an order or promise to pay out of a particular fund is not unconditional.
Page 185 - ... delivery may be shown to have been conditional, or for a special purpose only, and not for the purpose of transferring the property in the instrument.
Page 29 - But where the instrument is in the hands of a holder in due course, a valid delivery thereof by all parties prior to him so as to make them liable to him is conclusively presumed.
Page 230 - Where a bill is addressed to two or more drawees who are not partners, presentment must be made to them all...
Page 247 - Where a banker in good faith and without negligence receives payment for a customer of a cheque crossed generally or specially to himself, and the customer has no title, or a defective title, thereto, the banker shall not incur any liability to the true owner of the cheque by reason only of having received such payment.
Page 243 - The notarial act of honor must be founded on a declaration made by the payer for honor or by his agent in that behalf declaring his intention to pay the bill for honor and for whose honor he pays.
Page 198 - Except as herein otherwise provided, when a negotiable instrument has been dishonored by non-acceptance or non-payment, notice of dishonor must be given to the drawer and to each indorser, and any drawer or indorser to whom such notice is not given is discharged.
Page 226 - An instrument is negotiated when it is transferred from one person to another in such manner as to constitute the transferee the holder thereof. If payable to bearer it is negotiated by delivery ; if payable to order it is negotiated by the indorsement of the holder completed by delivery.
Page 186 - No person is liable on the instrument whose signature does not appear thereon, except as herein otherwise expressly provided. But one who signs in a trade or assumed name will be liable to the same extent as if he had signed in his own name.