Founded in 1938 and published semiannually by Sophia University
Monumenta Nipponica Volume 2, Number 2 (1939)
Monumenta Nipponica Volume 2, Number 2 (1939)

The “Private International Law” of JapanThomas Baty

MN 2:2 (1939) pp. 386–408

When a case which involves foreign elements comes before a court of law, it might be thought that the court would naturally apply to its decision the principles of its own law – as being the perfection of human wisdom! But a moment’s reflection will show that this would be unfair. Suppose that the Baratarian law enacted that all transfers of property in horses were invalid unless made in writing, and that Gilbert buys from Sullivan a horse in Ireland and takes it to Barataria. Suppose that the Customs detain it and demand that Gilbert should prove his ownership

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