MINOR,R.C., Conflict of Laws. Boston 1901.

MINOR,R.C., Conflict of Laws. Boston 1901.

MINOR, Raleigh C. (1869-1923), Conflict of Laws; or, Private International Law. Boston, Little, Brown and Company, 1901. 8vo. (Reprint Vico Verlag, Frankfurt am Main 2008) LII, 575 S. Hlwd. ISBN: 978-3-940176-25-7 Order-no.: IPR-34 lieferbar/available


Order Number: 26158AB

Raleigh C. MINOR (1869-1923), Professor der Rechte an der Universität von Virginia, baut auf den Werken von Story, Dicey und Wharton auf. Die große Anzahl der seither ergangenen Entscheidungen zum Konfliktrecht und die Entwicklung der Rechtsmaterie veranlassten Minor, sein Werk zu publizieren: “If from the tangled skein of decisions upon this subject it can be said that a single certain conclusion may be drawn, after a careful and laborious analysis of the cases I should select as that conclusion the fact that the great foundation and basic principle of private international law is SITUS. Find the situs of the particular act, circumstance, or subject under inquiry and you will know the law which should properly regulate its validity and effect.” Sein Werk ist wie folgt unterteilt: I: Introductory II. Situs of the Person III. Situs of Status IV. Situs of personal Property V. Situs of Contracts VI. Situs of Torts and Crimes VII. Situs of Remedies VIII. Pleading and Proof of Foreign Laws. “Professor Minor`s treatise has indisputable merits. It is based on an unusually thorough examination and analysis of the American decisions. It is well arranged, and it is clearly and concisely written. There is a refreshing absence of “straddle”: the author does not attempt, as do so many writers, to bring conflicting theories into apparent harmony by devising a formula which contains evenrything and says nothing. He distinguishes, compares, makes his choice and gives his reasons for making it. The author is at his best in his analysis of the various problems. In his treatment of contracts, for example, he separtes questions of validity, of obligation, of interpretation and of discharge; and questions of validity receive a further subdivision. The matter of assignment of debts is properly treated in a different part of the book, under personal property, but without confusing choses in action with tangible movables. Excellent, also, as I have already indicated, are his analysis and presentation of the theories held by writers and courts.” (Columbia Law Review)

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