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Notes on the Doctrine of Renvoi in Private International Law

Notes on the Doctrine of Renvoi in Private International Law


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This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1904. Not illustrated. Excerpt: ... which prefer the criterion of domicil, e. g., England. An Englishman remains always an English subject even if, being domiciled in France, he is governed by the French law. Nor does France imagine him subject to France's sovereignty. When these two errors are noted the whole theory of Schnell collapses. "But other observations may be made. If it be true that the Italian legislator in drafting Prel. Disp., Art. 8, and the judge in applying it to the case of the succession of a German in Russia (as in Schnell's earlier example), commits such an enormous violation of the sovereign rights of Germany and Russia as to be inconceivable, how comes it that the German judge (in the example at the end of Schnell's article) commits none against State A, when against its sovereign order he applies the law prevailing in B? "Again, if it be true that the Italian legislator cannot pretend that Art. 8 is applicable, and the Italian judge ought to consider it as not written, in a case relating to the immovable succession of a Russian in Prussia, because by doing otherwise legislator and judge would commit an offence against Russian and Prussian sovereignty similar to that of which they would be guilty in declaring and pronouncing Pomerania to be annexed to Russia, why would the Italian legislator in declaring and the Italian judge in pronouncing that an Italian domiciled in Prussia is governed by Italian law, not be committing an offence against Prussian Sovereignty equal to that of declaring Berlin a subject city of Italy? "Finally, in the example given by Schnell of the judgment pronounced by the Italian magistrate with regard to the succession of a Prussian in Russia, it is intelligible that the Italian judge, erroneously interpreting Art. 8 (applying, '. e., the theory of Ren...


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Product Details
  • ISBN-13: 9780217186551
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 46
  • Spine Width: 3 mm
  • Width: 189 mm
  • ISBN-10: 0217186556
  • Publisher Date: 01 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 100 gr


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