International Civil And Commercial Law As Founded Upon Theory, Legislation, And Practice

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This will be true, however, only in cases where the nature of the obligation has been altered, or its existence destroyed by the law of the bankruptcy. Otherwise, Rule I will apply.
III. Where the alleged liability has had the character of an obli- gation of honor from the beginning (which occurs frequently in trans- actions between friends and relatives^ the domiciliary law of the obligor will govern in the absence of special circumstances.
IV. Where a voluntary promise to pay was made by a Ge
...r- man citizen to a creditor of the same nationality, from the former's place of business in an exotic country, the national (German) law was held to govern their relations. This the German Imperial Court (vol. xl, p. 197) deduced as being probably and reasonably the will of the parties. The court said that the parties could hardly have contemplated the application of foreign law where the creditor stood in no relation to the foreign country in ques- tion, and the debtor, only in so far as it was necessary to sojourn there temporarily, for the conduct of his business.

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