The Rules of the Conflict of Laws Applicable to Bills and Notes (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1917 edition. Excerpt: ...different systems, that of Bartolus and that of Dumoulin. Bartolus submits the contract to the law of the place where it is executed, at least as to its direct effects, to the consequences which inhere in it from the beginning, and the majority of authors after him regard the contract as formed in the place where it is made, and not where it is to be performed. Bartolus admits, moreover, that as regards the indirect and accidental effects, that is, the consequences which have happened through the negligence or default of the party obligated, the applicatory law is that of the place designated for the performance of the contract, or (in the absence of such an indication) that of the forum... Dumoulin, starting from the idea that in the matter of contracts the will of the parties governs, lays down the principle that if the intention of the parties has not been expressed it must be derived from the circumstances under which the contract has been executed. In his opinion the lex loci contractus is only one of the attendant circumstances.... Moreover, he does not distinguish between the direct effects and indirect consequences of a contract." 26. I, pp. 135-36. 27. I, pp. 255-56. In his discussion of the French, Dutch and German schools of jurists, Laine unfortunately does not deal specifically with the question now under consideration. He mentions the fact that various authors28 of the French school applied the lex loci contractus, without stating whether it would govern where the place of performance and the place of execution do not coincide. There is no reason to assume, however, that a radical change with respect to this point had taken place since Bartolus and because of this fact, no doubt, Laine fails to refer to the..."