Private International Law
Description:... 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. 1895 edition. Excerpt: ... CHAPTER VII. PROCEDURE, AND HEREIN OF FOREIGN JUDGMENTS AND LIS ALIBI PENDENS. Chap. VII. 78. The subject which has been reserved for the concludNature of *n& chapter of this treatise is that which refers to the law of the inquiry process, or the procedure regulating actions in a court of justice. In no country can justice be effectively administered unless the conduct of its courts is regulated by certain specific rules. But as these rules are fixed mainly with reference to the local requirements, customs, and habits of the people and the constitution of the courts exercising judicial functions within the territorial area to which they are intended to apply, it is only natural that considerable diversity should be found to prevail between the rules of procedure followed in one country and those sanctioned by the laws of another. It may thus often happen that the success of a litigant party may depend upon the determination of the question whether the law of process of the State where an obligation was entered into, or that of the State where its enforcement is sought, is to govern the mode of trial. Suppose, for instance, the existence of the obligation which the plaintiff seeks to enforce is denied by the defendant. Here, before the plaintiff can obtain any relief at the hands of the court in which the action is pending, he must prove the existence of the obligation to the satisfaction of that Court. But the lex fori may require written evidence as the only admissible proof of the particular obligation, whereas the law of procedure of the place where the contract out of which the obligation has arisen was entered into may, in the like case, be satisfied Chap. VII. with oral evidence. Now, the plaintiff may not be in a position to...
Show description