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Torts In English And American Conflict Of Laws: The Role Of The Forum, S. I. Shuman, S. Prevezer
Torts In English And American Conflict Of Laws: The Role Of The Forum, S. I. Shuman, S. Prevezer
Michigan Law Review
''Private international law owes its existence to the fact that there are in the world a number of separate territorial systems of law that differ greatly from each other in the rules by which they regulate the various legal relations arising in daily life." Where the systems are those of member states of a federal union, there should be less difference in their laws than where they are those of sovereign nations divided by strong cultural, social and political barriers. Interstate conflicts and international conflicts are likely to give rise to somewhat different considerations and rules, and it is surely …
The Enforcement Of Foreign Judgments In Anglo-American Law, Hessel E. Yntema
The Enforcement Of Foreign Judgments In Anglo-American Law, Hessel E. Yntema
Michigan Law Review
Conflicts of laws are the necessary result of the division of judicial business. There are too many legal actions arising in localities too diffused to be tried in a single court or system of courts; consequently, litigation has to be distributed, and a highly complex body of jurisdictional regulations has been evolved to control the distribution. Once admit the multiplicity of courts, and diversities of law appear. Not only does the procedure in particular courts respond in some degree to the local traditions of the bar and to the specialized needs of the communities served, but indigenous precedents and practices …
Foreign Enforcement Of Actions For Wrongful Death, William H. Rose
Foreign Enforcement Of Actions For Wrongful Death, William H. Rose
Michigan Law Review
Actions for wrongful death have a long history in the common law. Homicide was once a private matter giving rise to the blood feud and later to the wergild, whereby a money substitute replaced private warfare. With the development of criminal law the crown took jurisdiction over all killings. At a time when all felonies carried with them the death penalty, forfeiture of chattels and escheat of lands, the right to sue for wrongful death was scarcely of practical importance. This was especially so since felony included negligent killing, and even an accidental killing required the king's pardon if …
Limitation Of Actions And The Conflict Of Laws, Edgar H. Ailes
Limitation Of Actions And The Conflict Of Laws, Edgar H. Ailes
Michigan Law Review
All civilized States, in the interest of an efficient administration of justice, have felt compelled to fix time limits beyond which access to their courts would be denied to aggrieved parties. Interest reipublicae ut sit finis litium. This was true even of Roman law in which actions were normally perpetual. Since the limitations enacted by various legislatures differ widely, and since debts are transitory, permitting suit wherever the creditor can find the debtor (at least in countries where the Common Law prevails), it is of the first practical importance that definite rules of Conflict of Laws be evolved to …