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Full-Text Articles in Law
The Revision Of The Treaties Of Montevideo On The Law Of Conflicts, Ernst Rabel
The Revision Of The Treaties Of Montevideo On The Law Of Conflicts, Ernst Rabel
Michigan Law Review
In its issue of July 1940, the Revista Juridica Argentina of Buenos Aires has published the new "Tratados de Derecho Internacional Privado" of Montevideo concluded in 1939 and 1940. We are grateful to this review for apprising us of a significant event in the field of international codification.
Taxation - Federal Estate Tax - Claims Arising Out Of An Antenuptial Agreement As Deductions From Gross Estate, Charles E. Nadeau
Taxation - Federal Estate Tax - Claims Arising Out Of An Antenuptial Agreement As Deductions From Gross Estate, Charles E. Nadeau
Michigan Law Review
An antenuptial agreement provided that in the event the wife survived her husband she would receive $50,000 in lieu of her dower rights. After his death the executors paid this sum, and then sought to deduct it from the gross estate as a claim against the estate. In affirming the Board of Tax Appeals the court held that marriage and relinquishment of dower were not "an adequate and full consideration in money or money's worth" and hence the claims were not deductible under the Revenue Act of 1926. Empire Trust Co. v. Commissioner of Internal Revenue, (C. C. A. …
Matrimonial Domicil And Marital Rights In Movables, Arthur Leon Harding
Matrimonial Domicil And Marital Rights In Movables, Arthur Leon Harding
Michigan Law Review
The American decisions in Conflicts of Laws relating to the rights acquired by one spouse in the property of the other by virtue of the fact of marriage stand as a monument to Joseph Story . Almost without exception the cases discussed hereafter have been decided on the basis of his thorough analysis of the law of the Pandects and the eighteenth century civilians. Even where his principles have not been approved, the courts have departed from them only after real and serious consideration. This fact, kept in mind, greatly simplifies the study of the cases themselves.
Conflict Of Laws-Renvoi Doctrine
Conflict Of Laws-Renvoi Doctrine
Michigan Law Review
H, an Englishman, married W in England. On separation H acquired a domicil in Germany. A child was thereafter born to Y, a woman with whom H was living in Germany. H subsequently divorced W in Germany and married Y. Whether the child was legitimate determined whether H had validly exercised a power of appointment in an English settlement. Held, legitimacy is to be determined by the law of the domicil, including its rules of private international law. Germany, referring the matter to English law, found a remittance which Germany accepted and applied German municipal law. The child, by …
Ex Parts Divorce As A Bar To A Subsequent Action For Alimony
Ex Parts Divorce As A Bar To A Subsequent Action For Alimony
Michigan Law Review
A decree of divorce purports only to affect the marital status of the parties and as such is an action en rem, while an order to pay alimony is a personal judgment. To be effective it must be rendered by a court having personal jurisdiction over the defendant. Since the decision of Pennoyer v. Neff, if the defendant, though an assent non-resident, has property within the jurisdiction the local law may authorize proceedings for seizing it for a personal claim against the owner, the action in effect being against the owner's interest in the property attached. This applies …
Foreign Marriages And The Conflict Of Laws, Herbert F. Goodrich
Foreign Marriages And The Conflict Of Laws, Herbert F. Goodrich
Articles
With the purely local phases of the law governing the relation of husband and wife, Conflict of Laws has no concern. Nor do we deal with Public International Law problems, such as the question of expatriation by marriage. We are concerned with two questions: first, what law governs the creation of the marriage relation; and second, the recognition and protection to be given the relation and incidents arising therefrom, under the law of states other than that in which the relationship was created.
Divorce Laws And The Increase Of Divorce, Evans Holbrook
Divorce Laws And The Increase Of Divorce, Evans Holbrook
Articles
Along with the condemnation of the divorce evil has gone a very general disposition to condemn our divorce laws as being responsible for the evil. The committee on resolutions of the Congress on Uniform Divorce Laws in its report to the Congress at its adjourned session in Philadelphia, November 13, 1906, speaks of the "many evils engendered by the lax and unphilosophic system prevailing in many of the states."3 On this phase of the question also our late president gave his views in his special message to Congress on January 30, 1905, in the following words: "There is a wide-spread …
Marriage And Divorce In State And Church, Benjamin Brewster
Marriage And Divorce In State And Church, Benjamin Brewster
Michigan Law Review
When, in 1831, the French philosopher De Tocqueville visited America, he was impressed with the stability of the marriage relation. In his great work, "Democracy in America," he thus sums up the results of his observations: "There is certainly no country in the world where the tie of marriage is so much respected as in America, or where conjugal happiness is more highly or worthily appreciated." And this acute and discerning reasoner makes a further reflection, from his stand-point as one interested in the maintenance of order and stability in the state: "Agitated by the tumultuous passions which frequently disturb …