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" 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... "
Commentaries on the Conflict of Laws, Foreign and Domestic,: In Regard to ... - Page 317
by Joseph Story - 1841 - 927 pages
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Mississippi Reports ... Being Cases Argued and Decided in the ..., Volume 108

Mississippi. Supreme Court, Thomas Alexander Marshall, William C. Smedes, Volney Erskine Howard, Robert John Walker, John Franklin Cushman, James Zachariah George - Law reports, digests, etc - 1916 - 1048 pages
...consignee. 66 Miss, page 510. There is, perhaps, no general principle of law better established than that the validity of a contract is to be decided by the law of the place where the contract is made. See Smith v. GOdfrey, 61, Am. Dec., 618, and numerous authorities there cited,...
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The Cornell Law Quarterly, Volume 12

Electronic journals - 1927 - 604 pages
...problem — what law governs as to whether or not there is a contract? •See infra. "Sec. 242. (i) Generally speaking the validity of a contract is to be decided by the law of the place where it is made. "Sec. 280. The rules already considered suppose that the performance of the contract is...
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Trends of Private International Law

Pavel Kalenský - Law - 1972 - 316 pages
...Beale was the rapporteur. 43 See B atiffol, Contrats, p. 32. '''' Story, Commentaries, § 242 (p. 325): "Generally speaking, the validity of a contract is to be decided by the law of the place where it is made." 94 Period of Capitalism and supported this argument by the presumption that every person...
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Recueil Des Cours - Collected Courses

Hague Academy of International Law - Law - 1986 - 420 pages
...régimen de bienes en el matrimonio», El Derecho, t. 99, 1982, pp. 676 ss. 278. Selon Story : «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, for, as we shall presently see, in the...
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Recueil Des Cours/Collected Courses

Academie De Droit International De La Haye - Law - 2000 - 472 pages
...the place of performance221. His answer follows closely that of Huber and writers such as Dumoulin : "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, for, ... in the latter case, the law of...
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Reports of Practice Cases, Determined in the Courts of the State ..., Volume 12

Austin Abbott - Civil procedure - 1861 - 612 pages
...is substantially taken. Let us ascertain what is here meant by the author. In section 242, he says: "Generally speaking, the validity of a contract is...If valid there, it is by the general law of nations held valid everywhere." And by section 243, the same rule applies to the invalidity of contracts. If...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 17

Alabama. Supreme Court - Law reports, digests, etc - 1850 - 920 pages
...settled rule of law applicable to such cases. A few words may dispose of the charges. As a general rule, the validity of a contract is to be decided by the...the place where it is made. If valid there, it is, says Judge Story, by the general law of nations, jure gentium, held valid everywhere, by the tacit...
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Legal Opinion, Volume 3

1872 - 224 pages
...for the careful report of the arguments and elaborate opinion of the court. Two Judges dissented.] The validity of a contract is to be decided by the law of tho place where It was made, unless it was agreed, either expressly or impliedly, that It should be...
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Delaware Reports: Containing Cases Decided in the Supreme Court ..., Volume 1

David Thomas Marvel, John W. Houston, Samuel Maxwell Harrington, James Pennewill, William Henry Boyce, William Watson Harrington, Charles L. Terry, William J. Storey - Law reports, digests, etc - 1837 - 616 pages
...citizens of that state, who entered into it expecting it to stand or fall according to the laws there. Generally speaking, the validity of a contract is to be decided by the laws of the place where it is made; but to this rule there are said to be exceptions. No people are...
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The Federal Reporter, Volume 2

Law reports, digests, etc - 1880 - 1160 pages
...Story's Conflict of Laws, § 242, the rule is stated thus : "Generally speaking, the validity of the contract is to be decided by the law of the place where it is made, unless it in to be performed in another country ; for, as we shall presently see, in the...
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