 Generally speaking," says Story, " the validity of a contract is to be decided by the law of the place where it is made, unless it is to be performed in another country; for, as we shall presently see, in the latter case, the law of the place of performance...  The American Jurist and Law Magazine - Page 3961834Full view - About this book
 | Robert Walsh - American literature - 1835 - 568 pages
...subject to the legislative authority, as matter of public police and regulation. foreign Contracts. Generally speaking, the validity of a contract is...valid there, it is, by the general law of nations, gine gentium, held valid every where, by tacit or implied consent. 2. The same rule applies vice versa... | |
 | Law - 1836 - 596 pages
...given the following correct result of them, with respect to the validity of foreign contracts. — " Generally speaking, the validity of a contract is...by tacit or implied consent. The rule is founded, not merely in the convenience, but in the necessities of nations; for otherwise it would be impracticable... | |
 | Joseph Story - Conflict of laws - 1841 - 966 pages
...common law holds a different doctrine, viz., that the lex loci contracts is to govern 3. § 242. (1). Generally speaking, the validity of a contract is...nations, (jure gentium), held valid every where, by the tacit or implied consent of the parties4. The rule is founded, not merely in 1 Ante, § 51—79.... | |
 | Louisiana. Supreme Court, Branch Walthus Miller, Thomas Curry - Law reports, digests, etc - 1842 - 666 pages
...divided in opinion and the authorities nearly balanced. Judge Story in his conflict of laws says, " generally speaking the validity of a contract is to...nations, jure gentium, held valid every where, by the tacit or implied consent of the parties." The same rule has been Contmets >r« . . . to be decided... | |
 | John Bouvier - Anglo-Norman dialect - 1843 - 752 pages
...contract has been made, is a most material consideration in its construction. Generally its validity is to be decided by the law of' the place where it is made ; if valid there, it is considered valid every where. 2 Mass. R. 88; 1 Pet.'R. 317 ; Story, Conn, of Laws, § 242; 4 Cowen's... | |
 | Arkansas. Supreme Court - Law reports, digests, etc - 1872 - 752 pages
...his theory, than the argument presented by the majority. Continuing, Judge STORY says : (sec. 242,) "Generally speaking, the validity of a contract is to be decided by the law of the place where it is made, unless it is to be performed in another country." This contract (the payment of the money... | |
 | Joseph Story - Commentaries - 1846 - 1148 pages
...common law holds a different doctrine, viz. that the Lex loci contractus is to govern.4 § 242. (1.) Generally speaking, the validity of a contract is to be decided by the law of the place, 1 The learned reader, who wishes for farther instruction as to the opinions of foreign jurists on all... | |
 | Joseph Story - Bills of exchange - 1847 - 704 pages
...work, before he could possess himself of the main elements, belonging to this invalidity of contracts. Generally speaking, the validity of a contract is...the general law of nations, jure gentium, held valid everywhere, by the tacit or implied consent of the parties.1 The rule is founded, not merely in the... | |
 | Georgia. Supreme Court - Equity - 1847 - 556 pages
...innumerahilm." 1 hut. Lib. 1, tit. 2, see 2. The first proposition we assert is this — as a general rule the validity of a contract is to be decided by the...if valid there, it is by the general law of nations held valid every where, by the tacit or implied consent of the parties. Story'* Convict of Laws, sec.... | |
 | John Jane Smith Wharton - Law - 1848 - 726 pages
...Generally »peaking, the validity of a contract is decided by the law of the place where it is made. It valid there, it is, by the general law of nations (jure gentium}, held valid everywhere, by the tacit or implied consent of the partis. The rule is founded, not merely in the convenience,... | |
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