Popular Law Library Vol12 International Law, Conflict Of Laws, Spanish-American Laws, Legal Ethics

International law, is understood among civilized nations, as consisting of those rules of conduct which reason deduces, as consonant to justice, from the nature of the society existing among independent nations: with such definitions and modifications as may be established by general consent." "The aggregate of the rules which Christian states acknowledge as obligatory in their relations to each other, and to each other's subjects."

Title	Popular Law Library Vol12 International Law, Conflict Of Laws, Spanish-American Laws, Legal Ethics
Author	Albert H. Putney
Publisher	Cree Publishing Company
Year	1908
Copyright	1908, Cree Publishing Company
Amazon	Popular Law-Dictionary

Thirty-Eighth Subject. International Law. Chapter I. Origin And Nature Of International Law. Section 1. Definition: Various definitions of International law have been given by judges and writers, from which the following have been selected: International law, is understood among civilized nations, as consisting o...

Section 2. Nature Of International Law: It has been argued by Pomeroy8 that international law is in reality not a system of law at all, but rather a system of international morality. 4 Wilson & Tucker on International Law, Sec. 1. 5 T...

Section 3. Basis Of International Law: The basis for the authority of international law is the same as the basis for early laws of every character, namely, the general consent of those to be bound thereby, strengthened by custom and contin...

Section 4. Sources Of International Law: If then there is no common superior which can prescribe principles of international law, and such principles cannot be prescribed by an individual nation, what are the sources from which the principle...

Section 5. Roman Law And Municipal Law: Although, as has been stated, no single nation can establish any principle of international law, still systems of private law are often resorted to, to aid in the solution of questions of internationa...

Section 6. Treaties, Diplomatic Relations, Etc: As one nation cannot by its own will create new principles of international law, so two states cannot do so by any agreement or treaty. Treaties or diplomatic correspondence, however, may be important...

Section 7. International Public Opinion: A source of international law which has recently become of importance is international public opinion. In former times when the king was the state this source could of course be of no importance, bu...

Section 8. Works Of Text Writers: The writings of those who have made the history and development of international usages a subject of special study will always constitute our chief source of knowledge upon the subject. The earlier w...

Chapter II. History Of International Law. Section 9. History Of International Law: The close connection between history and law has already been referred to. Important, however, as a knowledge of history is throughout the whole course of his study, it is probably more essential to t...

Section 10. Periods Of The History Of International Law: The history of international law falls naturally into four sharply defined periods. The ancient, the medieval, the modern, and the current. The first period begins with the dawn of history and termina...

Section 11. International Relations Between Ancient Nations: It is necessary to give to this section the title of international relations between ancient nations, for international law during this period was non-existent. The natural state between foreign natio...

Section 12. International Relations During The Medieval Historical Period: The overthrow of the Western Roman Empire, in the fifth century, was the beginning of a new era in the world's history. For the time it seemed like a retrogression. The civilization of the ancient wor...

Section 13. Influence Of Christianity Upon The Development Of International Law: One of the strongest of the influences exerted by the Christian religion was the bond which it created among people of different races. The religions of the ancient world, with few exceptions, had bee...

Section 14. Influence Of Commerce On The Development Of International Law: The greatest opposition to the feudalism of the Middle Ages was found in the commercial classes. The interests of the commercial and military classes have always clashed in every age and in every nati...

Section 15. International Relations During The Modern Historical Period: In the modern historical period the idea of the common superior has been disregarded, and the underlying theory of international intercourse has become that of the balance of power. The efforts of t...

Section 16. The Discovery Of America: Two years before the event just referred to, Columbus had discovered America, and this greatly increased the territorial area of the application of the international law. The history of international ...

Section 18. General Character Of International Law During This Period: The principles of international law were extremely fluctuating during this period. The period of history now under discussion was the period of the greatest contest between absolutism and liberalism i...

Section 19. The Recent History Of International Law: The recent period in the history of international law may be taken to have begun with the Declaration of Paris in 1856. The characteristic of this period has been the constant movement towards a more ...

Chapter III. Objects Of International Law. Section 20. In General: In general the objects of the principles of international law are the various independent nations or states of the world. Individuals are concerned, in general, only in relation to their status as cit...

Section 21. Sovereign States: Mr. Davis, in his recent work on International Law, thus describes a sovereign state: A sovereign state may, therefore, be defined as one which retains and exercises in their entirety its essential ...

Section 22. Quasi Sovereign States: The title of this section is used to designate all the various classes of states or political bodies which, although they fail to possess all the attributes of sovereign states, still possess certain ...

Section 23. Members Of A Confederation: A confederation is an artificial state, resulting from the more or less complete union of two or more states. This involves the temporary or permanent surrender of some sovereign rights on the part o...

Section 24. Protectorates: A protectorate is a state under the protection of some larger power. The protected states retain all powers not specifically resigned. States under protectors - protectorates - usually possess all p...

Section 25. Suzerainties: A state under suzerainty possesses only such powers as are specifically granted to it by the suzerain. Most of the modern instances of suzerainty have been in cases of various provinces of the Turkish...

Section 26. Colonies: In former times colonies were governed entirely by the mother country, and even today all matters of foreign affairs are thus determined. Many modern colonies, however, have been given a very complete...

Section 27. Neutralized States: A permanently neutralized state is one the integrity of whose territory and independence have been guaranteed by the larger powers, and who, in consideration thereof, has surrendered the right of enga...

Section 28. Belligerents: Belligerents are the inhabitants of a portion of a sovereign state, who are in rebellion against the government of such state, who are in possession of a portion of the territory of such state and who...

Section 29. States Not Considered As Within The Protection Of International Law: Uncivilized communities are considered as entirely without the protection of international law. Even the civilized Asiatic states, with the single exception of Japan, have never been accorded the same...

Section 30. Recognition Of New States: New states may come into existence either by the peaceable or violent division of an existing state, or by the union of two or more small states to form a larger one. An illustration of the first meth...

Section 31. De Jure And De Facto Governments: Another classification of governments is that into governments de jure and governments de facto. The former is the true government of a country (i. e., the true government in the opinion of the person...

Section 32. Extent Of Territorial Jurisdiction Of A State: The jurisdiction of a sovereign state extends over all land within its boundaries, over all rivers, lakes or other bodies of water entirely within its boundaries, over the high seas for a distance of ...

Section 33. Exterritoriality: In general the authority of a state extends over all persons within its jurisdiction, whether citizens or aliens. In a few cases, however, persons temporarily in a country are allowed an immunity from...

Chapter IV. Foreign Relations. Section 34. Contents Of Chapter: Under this chapter it is proposed to treat of the diplomatic representatives, through whom the negotiations between different countries are carried on, and the subject of treaties. ...

Section 35. Diplomatic Representatives: It was not until near the very close of the medieval period that nations began to keep permanent diplomatic representatives at foreign courts. This custom is said to have originated with Louis XI of F...

Section 36. Duties Of Public Ministers: The duties of a foreign minister are not susceptible of exact enumeration. In general, it may be said, that such an official represents the interests of his state, and the subjects of such state. It i...

Section 37. Appointment And Recall Of Foreign Ministers: Foreign ministers are appointed by the executive department of the government which they represent. The selection of foreign ministers rests with the country sending them, but the country to which the...

Section 38. Privileges And Immunities Of Foreign Ministers: Foreign ministers are exempt from both the civil and criminal jurisdiction of the country to which they are accredited. The most that the Government to which they are accredited can ordinarily do is t...

Section 39. Consuls: Consuls occupy a very different position from that of ambassadors and other public ministers. The office is a much older one, and its duties are confined to matters relating to commercial interests. ...

Section 40. Treaties: A treaty is an agreement or contract made between two or more sovereign states. Treaties are made by the executive department of the government. In the United States, before a treaty becomes effective...

Section 41. Other Forms Of International Agreements: Other forms of international agreements are the following: (a) A protocol, which is either in the form of official minutes, giving conclusions of an international conference, and signed at the end of...

Chapter V. War. Section 42. Definition: War is the state in which a nation maintains what it believes, or claims, to be its rights by force. ...

Section 43. Classification Of Wars: Wars are classified according to the point of view from which they are examined or discussed. They are classified according to their causes into wars of opinion, religious wars, wars of independence,...

Section 44. Civil Wars: A nation may use all the methods permissible in a war against a foreign power, in putting down a rebellion on the part of a portion of its own subjects. 1 Davis on International Law, page 274. The q...

Civil Wars. Continued: If a war be made by invasion of a foreign nation, the President is not only authorized, but bound to resist force by force. He does not initiate the war, but is bound to accept the challenge without ...

Section 45. Commencement Of War: War begins with the first act of hostility on the part of either country. The practice of sending heralds to make a declaration of war has long fallen into disuse, and no formal declaration of war, ev...

Section 46. Effect Of War: The secondary effects of war are to suspend all non-hostile intercourse between citizens of the hostile states; to change the rights of such citizens, in respect to their dealings with neutrals, and t...

Section 47. Termination Of War: A war may be terminated either by the complete submission of one of the parties to the conflict, by conquest; by the cessation of hostilities between the parties to the conflict; or by a treaty of pea...

Section 48. Effects Of War Upon Property Rights: In early times all rights of property disappeared in times of war, and the belligerents were entitled to seize all the property of their enemies, public or private, real or personal, on land or on sea...

Section 49. Property On Land: The public personal property of the enemy country may still be appropriated, as well as the rents and profits of the public real property. A country also has the right (not now exercised) of confisca...

Section 50. Property On The Water: Attempts to modify the harshness of the rules relative to capture of private property on water have been made from time to time, but all the progress yet made has been the abolition of privateering an...

Section 51. Blockades: The interruption or suspension of neutral commerce which results from the forcible closing of a belligerent's ports or harbors is called a blockade. The most extensive, and in some respects the mo...

Section 52. The Right Of Search: In order to enforce the provisions against carrying contraband articles or the violation of a blockade, the ships of either belligerent have the right to search any neutral ship for contraband article...

Section 53. Combatants And Non-Combatants: The inhabitants of a country engaged in war are divided into two classes: combatants and non-combatants. Combatants, in the full sense, are the regularly authorized military and naval forces of the ...

Section 54. Instruments That May Be Employed In Warfare: A great freedom of choice is given to belligerents in the selection of their instruments of warfare. Still not every instrument of destruction is permissible. The general restrictive principle is, tha...

Section 55. War Against Uncivilized Races: In a war against an uncivilized nation or tribe, a country is not bound by the rules of international law. ...

Section 56. The International Hague Peace Conference: Many attempts have been made during the past century to both diminish the number of wars and also to decrease their attendant horrors. The longest step in this direction was that taken by the Internat...

Chapter VI. Certain Miscellaneous Topics In International Law. Section 57. Extradition: Extradition is the proceedings by which a person who commits a crime in one country and flees into another is delivered up to the state from which he fled.1 Among some countries the practice is in vog...

Section 58. The Monroe Doctrine: The whole subject of International Law is modified so far as the United States is concerned by what is known as the Monroe Doctrine. The Monroe Doctrine was enunciated in the following words in P...

Thirty-Ninth Subject. Conflict Of Laws. Chapter I. Introductory. Section 1. Definition: The principles of the branch of the law known as conflict of laws, or private international law, are those principles of law by which it is determined the laws of what state or country are to be u...

Section 2. Comparison Between Public International Law And Private International Law: The distinctions between public and private international law are thus summed up by Mr. Minor in his work on Conflict of Laws:1 Private international law may be distinguished from the public in thre...

Section 3. Basis Of Private International Law: The fundamental principle underlying the whole subject of private international law, is that the courts of one State or country will apply the laws of another State or country in a particular case, wh...

Chapter II. Exceptions To The Application Of A Foreign Law. Section 4. In General: There are certain classes of cases in which the courts of one State or country will never apply the laws of another State or country in the settlement of the controversy. These exceptions to the gener...

Section 5. First Exception - Laws Against The Established Policy Of The Forum: A court will never enforce any foreign1 law which is contrary to the established policy of the forum.2 By the established policy of the forum is, in effect, meant, those laws to which a particular deg...

Section 6. Second Exception - Laws Contrary To Good Morals: Foreign laws contra bonos mores, i. e., laws contrary to the generally recognized standard of morality among civilized nations will not be enforced. 1 The laws of any State in the United States are c...

Section 7. Third Exception - Laws Which Work An Injustice To The Citizens Of The Forum: It is one of the first principles of law that a government should protect its own citizens, and no court will apply any law, in the determination of a suit before it, which will work an injustice to t...

Section 8. Fourth Exception - Laws Affecting Real Property Situated Within The Jurisdiction Of The Forum: It is of the greatest importance to the welfare of every State that the titles to the lands within its jurisdiction should be clear and perfect. Certainty of titles can only exist where the law govern...

Section 9. Fifth Exception - Laws Penal In Their Character: It is a fundamental principle of law that the courts of one State or country will never attempt to enforce the criminal laws of another State or country, and this principle is extended to the case of ...

Chapter III. Situs Of Persons. Section 10. Definitions Of Situs In General: In general the law governing persons, property, or actions is the situs of such persons, property or actions. In the English and American Encyclopedia of Law1 situs is thus defined: Situs means site...

Section 11. Actual And Legal Situs Of Persons: Every person has both an actual situs and a legal situs or domicile. In addition to these, and distinct therefrom, there is the residence and also the citizenship of the person. The question of citize...

Section 12. Domicile And Residence: Minor in his Conflict of Laws2 thus distinguishes between domicile and residence: It must be observed that domicile is also to be distinguished from a mere residence, of a temporary character, not...

Section 13. Classification Of Domiciles: Two methods of classifying domiciles are in use. As to the extent of the domicile, domiciles are divided into 2 Sec. 20. (a) National domiciles; (b) Quasi national domiciles, and (c) Municipal domi...

Section 14. Domiciles Of Origin: A domicile of origin is one assigned to a child at the time of its birth. The domicile of origin of a legitimate child is the domicile of his father at the time of his birth, of an illegitimate child ...

Section 15. Constructive Domicile: A constructive domicile is one created by law. Married women, infants and insane persons have domiciles of this character. The strictness of the old rule as to the domicile of married women has been s...

Section 16. Domicile Of Choice: A domicile of choice is one chosen by the party himself. In order to enable a person to acquire a domicile of choice three things must exist at the same time, (a) the party must be personally present ...

Section 17. Principal Rules Governing Domiciles: The four principal rules governing domiciles are as follows: (a) Every person must have a domicile; (b) No person can have more than one domicile at the same time; (c) A person keeps one domicile u...

Chapter IV. Situs Of Status. Section 18. Definition Of Status: The status of an individual, used in a legal sense, is the legal relation in which that individual stands to the rest of the community. 1 These legal relations may be various. One who is under age...

Section 19. Situs Of Personal Capacity: Personal capacity must be considered under two different subdivisions, i. e., personal capacity in the case of voluntary acts and personal capacity in the case of involuntary acts. ...

Section 20. Voluntary Acts: In the case of a voluntary act of a party, his personal capacity is determined by the law of the place which was his actual situs at the time the act was performed. By going into a state or country no...

Section 21. Involuntary Acts: The personal capacity and liability of a party so far as it is connected with involuntary acts is governed by the law of his legal situs or domicile. Under this division would be included transfers of...

Section 22. Dual Nature Of Marriage: Marriage is of a dual nature. There is the marriage contract by which the relation is entered into, and the marriage status which is assumed by the marriage contract. ...

Section 23. The Contract Of Marriage: The contract of marriage is, like all other contracts, a voluntary act. The capacity of the parties to enter into such contract are determined, therefore, by the law of the place where the marriage ce...

The Contract Of Marriage. Part 2: The statutory provisions relied upon by the respondent are found in part 2, chap. 8 of the R. S., entitled 'Of the domestic relations,' and especially in those articles which treat 'of husband and wi...

The Contract Of Marriage. Part 3: The statute does not in terms prohibit a second marriage in another State, and it should not be extended by construction. The mode of construction contended for by the respondent, if applied to the s...

The Contract Of Marriage. Part 4: Second: Nor are we, in the absence of express words to that effect, to infer that the legislature of this State intended its laws to contravene the jus gentium under which the question of the validit...

Section 24. The Status Of Marriage: By the contract of marriage the parties thereto enter into the marriage status, and assume new relations towards each other and towards society. Although this status is assumed by the voluntary acts o...

Section 25. Status Of Divorce: Up to the year 1906 it had been held by a great majority of courts that a divorce proceedings was in the nature of a proceedings quasi in rem, and that whenever a court had jurisdiction over the perso...

Status Of Divorce. Part 2: First. The requirement of the Constitution is not that some, but that full, faith and credit shall be given by states to the judicial decrees of other states. That is to say, where a decree rendered ...

Status Of Divorce. Part 3: Fifth. It is no longer open to question that where husband and wife are domiciled in a State there exists jurisdiction in such State, for good cause, to enter a decree of divorce which will be entitl...

Status Of Divorce. Part 4: I. The scope of the authority which government possesses over the contract of marriage and its dissolution is the basis upon which it is argued that the domicile within one state of one party to the ...

Status Of Divorce. Part 5: II. It is urged that the suit for divorce was a proceeding in rem, and, therefore, the Connecticut court had complete jurisdiction to enter a decree as to the res entitled to be enforced in the State...

Status Of Divorce. Part 6: 'When the jurisdiction of the court is exercised according to the rules of international law, as in the case where the parties have their domicile within its forum, its decree dissolving their marri...

Status Of Divorce. Part 7: It cannot be doubted, also, that the courts of England decline to treat a foreign decree of divorce as having obligatory extraterritorial force when both parties to the marriage were not subject to t...

Status Of Divorce. Part 8: It is contended that an overwhelming preponderance of the decisions of state courts enforce the doctrine that it is the duty of the states, by virtue of the full faith and credit clause, to give with...

Status Of Divorce. Part 9: In Shaw vs. Shaw (1867), 98 Mass., 158, the facts were these: The parties were married in Massachusetts, lived there, and left together for the purpose of settling in Colorado. On the journey, at Phi...

Status Of Divorce. Part 10: True it is the court reserved the question as to what effect might be given to a divorce if granted by a New York court under circumstances such as existed in that case. But, as a suit for a declarat...

Status Of Divorce. Part 11: New Jersey. - Whilst the courts of New Jersey have exercised the power to grant a divorce from a nonresident defendant, upon constructive service, those courts have from the beginning applied to simi...

Status Of Divorce. Part 12: 'But without stopping to inquire whether it was obtained by him by fraud, and therefore is vicious on that account or not, it certainly cannot affect the rights of the complainant, except her right i...

Status Of Divorce. Part 13: In Cook vs. Cook (1882), 56 Wis., 195, 14 N. W. Rep., 33, 443, however, in an elaborate opinion, an ex parte divorce obtained in Michigan upon constructive service merely, by a husband who had desert...

Section 26. Status Of Legitimacy: If the question of legitimacy depends upon the question whether or not there was a valid marriage between the parents of the party whose legitimacy is in question this will be determined by the laws o...

Section 27. Status Of Adoption: Adoption was not recognized by the common law and exists only in virtue of positive statutory provisions. The result is that all questions relative to the legality of the adoption, and the respective ...

Section 28. Status Of Fiduciaries: The status of fiduciaries has to be considered from two standpoints, from that of the relations between the fiduciary and the beneficiary and from that of the relations between the fiduciary and third...

Chapter V. Situs Of Personal Property. Section 29. In General: In general situs of personal property is that of the legal situs or domicile of its owner. ...

Section 30. Situs Of Debts: The situs of debts must be considered from a double standpoint. In every debt there is the obligation on the part of the debtor, and the right on the part of the creditor. Voluntary transactions affec...

Section 31. Situs Of Debts For The Purpose Of Attachment And Garnishment: At least six different theories1 have been advanced by different courts as to the situs of a debt for the purpose of attachment or garnishment. The most accurate theory seems to be the one that holds ...

Section 32. Situs Of Debts For The Purpose Of Taxation: No branch of the law is in more hopeless confusion than that relative to the taxation of personal property, including the various species of debts. While the great mass of personal property of all kin...

Section 33. Transfers Of Personal Property By Succession Or By Will: The transfer of personal property either by succession or by will is regulated by the law of the domicile of the deceased at the time of his death. Thus a will may be rendered invalid, so far as it re...

Chapter VI. Situs Of Contracts. Section 34. In General: There is not necessarily a single situs for a contract; each of the different elements of the contract may have a situs of its own. There is the locus celebrationis, or the place where the contract wa...

Situs Of Contracts. Section 34. In General. Continued: On such a question we should be slow to overrule a decision of the Circuit Court. But we are not prepared to say that if, upon full consideration, justice should appear to require it, we might not do...

Conflict Of Laws: It thus appears that in that case the question of the intent of the parties was complicated with that of the lawful authority of the master; and the decision in the Queen's Bench was put wholly upon ...

Conflict Of Laws. Part 2: In the remaining English case, a contract made in London between two English mercantile houses, by which one agreed to sell to the other 20,000 tons of Algerian esparto, to be shipped by a French com...

Conflict Of Laws. Part 3: In Dyke vs. Erie Railway, 45 N. Y., 113, 117, a passenger traveling upon a ticket by which a railroad corporation, established in New York, and whose road extended from one place to another in that S...

Conflict Of Laws. Part 4: There does not appear to us to be anything in either of the bills of lading in the present case tending to show that the contracting parties looked to the law of England, or to any other law than tha...

Section 35. Locus Celebrationis: The locus celebrationis of a contract is the place where the contract is entered into. If the contract is entered into as the result of a series of acts or negotiations, leading thereto, some of which...

Section 36. Locus Solutionis And Locus Considerations: All matters relative to the performance of a contract are governed by the law of the place where the contract is to be performed, i. e., the locus solutionis, while all matters relative to the conside...

Chapter VII. Situs Of Torts And Crimes. Section 37. Situs Of Torts: The situs of a tort is the place where the act takes place which fixes the liability. The law of the situs of the tort fixes the extent of the liability of the defendant, and the question as to who is...

Section 38. Situs Of Crimes: The situs of a crime is the place where the crime was committed. A person who puts in motion a force which results in the commission of a crime in another state may be held to have been constructively...

Chapter VIII. Situs Of Remedies. Section 39. In General: All matters relative to remedial or adjective law are governed by the lex fori, i. e., the law of the place where the action is tried. This rule is thus explained by Mr. Dicey in his work on the Conf...

Section 40. What Matters Fall Under This Rule: The subjects included under the head of remedial or adjective law include: Pleading. Practice. Evidence. Limitations of actions, and Set-offs and Counter Claims. ...

Section 41. Set-Offs And Counter Claims: A set-off must be considered from two standpoints: (a) as a defense to the plaintiff's action, and (b) as a distinct cause of action. From the first standpoint it is governed by the law of the forum; ...

Section 42. Pleading And Proof Of Foreign Laws: Courts will not take judicial notice of foreign laws which must be pleaded and proved as facts. The statutory law of another State or country can be proved by the introduction of the printed statutes ...

Fortieth Subject. Spanish-American Law. Introduction: The history and importance of Roman Law has been treated under the subject of Legal History. The most far reaching in its influence of all the systems of law based upon the Roman Law has been the Span...

Extracts From The Spanish Civil Code. Book First. Persons. Title II. Birth And Extinction Of Civil Personality. Chapter I. Natural Persons: Art. 29. Birth determines personality, but the conceived child is considered as born for all favorable purposes, provided that it be born with the conditions mentioned in the following article: Art. ...

Chapter II. Judicial Persons: Art. 35. The following are judicial persons: 1. The corporations, associations, and institutions of public interest recognized by law. Their personality begins from the very instant in which, in acc...

Title III. Domicile: Art. 40. For the exercise of rights and the fulfillment of civil obligations the domicile of natural persons is the place of their usual residence; and, in a proper case, that determined by the law of...

Title IV. Marriage. Chapter I. General Provisions. Section 1. Forms Of Marriage: Art. 42. The law recognizes two forms of marriage - the canonical, which all who profess the Catholic religion must celebrate, and the civil, which shall be celebrated in the manner prescribed in this...

Section 2. Provisions Common To Both Forms Of Marriage: Art. 43. Future espousals do not give rise to an obligation to contract marriage. No tribunal shall admit a complaint in which their fulfillment is demanded. Art. 44. If the promise has been made in ...

Section 4. Rights And Obligations Of Husband And Wife: Art. 56. The spouses are obliged to live together, to be faithful to and mutually assist each other. Art. 57. The husband must protect the wife and the latter obey the husband. Art. 58. The wife is ...

Section 5. Effects Of Annullment Of Marriage And Of Divorce: Art. 67. The civil effects of suits and decrees concerning annullment of marriage and divorce can only be obtained before the ordinary tribunals. Art. 68. After the suits referred to in the proced-in...

Section 3. Annulment Of Marriage: Art. 101. The following marriages are void: 1. Those celebrated between the persons referred to in Articles 83 and 84, except in cases of dispensation. 2. Those contracted by error as to the person,...

Section 4. Divorce: Art. 104. Divorce only produces the suspension of the life in common of the spouses. Art. 105. The legitimate causes for divorce are: 1. Adultery on the part of the wife in every case; and on the pa...

Title V. Paternity And Filiation. Chapter I . Legitimate Children: Art. 108. Children born after the one hundred and eighty days following that of the celebration of marriage and before the three hundred days following its dissolution or the separation of the spouses...

Chapter III. Legitimized Children: Art. 119. Only natural children can be legitimized. Natural children are those born out of wedlock of parents who, at the time of the conception of the child, could have married with or without dispe...

Chapter II. Effects Of Parental Authority With Regard To The Persons Of The Children: Art. 155. The father, and, in his absence, the mother, has, with regard to their children not emancipated - 1. The duty of supporting them, to keep them in their company, educate and instruct them in...

Chapter III. Effect Of Parental Authority With Regard To The Property Of The Children: Art. 159. The father, or, in his absence, the mother, is the legal administrator of the property of the children who are under their authority. Art. 160. The ownership of property which a child not e...

Chapter IV. Manner Of Termination Of The Parental Authority: Art. 167. Parental authority terminates - 1. By the death of the parents or of the child. 2. By emancipation. 3. By the adoption of the child. Art. 168. The mother who contracts a second marriage ...

Chapter V. Adoption: Art. 173. Persons who are in the full enjoyment of their civil rights and have attained 45 years of age can adopt. The adopter must be at least fifteen years older than the adopted. Art. 174. Adoptio...

Book Second. Property, Ownership, And Its Modifications. Title I . Classification Of Property. Preliminary Provision: Art. 333. All things which are or may be the subject of appropriation are considered either as personal or real property. ...

Chapter I. Real Property: Art. 334. Real property consists of: 1. Lands, buildings, roads, and constructions of all kinds adherent to the soil. 2. Trees and plants and ungathered products while they are not separated from th...

Chapter II. Personal Property: Art. 335. Personal property is considered anything susceptible of appropriation and not included in the foregoing chapter, and, in general, all that which can be carried from one place to another with...

Chapter III. Property With Regard To Ownership: Art. 338. Property is of public or private ownership. Art. 339. Property of public ownership is: 1. That destined to the public use, such as roads, canals, rivers, torrents, ports, and bridges const...

Provisions Common To The Three Preceding Chapters: Art. 346. Whenever by provision of law or by an individual declaration the expression real property or personal property is used, there shall be understood as included in the same, respectively, that ...

Chapter II. Inheritances. Section I. Capacity To Succeed By Will Or In The Absence Thereof: Art. 744. All persons not disqualified by law may succeed by will or in the absence thereof. Art. 756. The following are disqualified to succeed by reason of unworthiness: 1. Parents who have abando...

Section 2. Designation Of Heirship: Art. 763. A person who has no heirs by force of law may dispose by will of all his property or part of it in favor of any person qualified to acquire it. A person who having heirs by force of law may...

Section 5. Legal Portions: Art. 806. A legal portion is that part of the property which the testator can not dispose of because the law has reserved it for specified heirs, called, on that account, heirs by force of law. Art. ...

Section 6. Betterments (Mejoras): Art. 823. The father or the mother may dispose of one of the two-thirds destined as the legal portion in favor of one or more of their children or descendants. This portion is called a betterment (me...

Section 7. Rights Of The Surviving Spouse: Art. 834. The widower or widow who, on the death of his or her spouse, is not divorced, or should be so by the fault of the deceased spouse, shall have a right to a portion in usufruct equal to that c...

Section 8. Rights Of Illegitimate Children: Art. 840. When the testator leaves legitimate children or descendants, and natural children, legally acknowledged, each of the latter shall have a right to one-half of the portion pertaining to each o...

Section 4. Acceptance And Repudiation Of The Inheritance: Art. 988. Acceptance and repudiation of the inheritance are acts entirely voluntary and free. Art. 989. The effects of the acceptance and repudiation shall always retroact to the moment of the death ...

Section 5. Benefit Of Inventory And Right To Deliberate: Art. 1010. Every heir may accept an inheritance under benefit of inventory, even though the testator should have forbidden it. He may also request the making of the inventory before accepting or repu...

Book Fourth. Obligations And Contracts. Title I. Obligations. Chapter I. General Provisions: Art. 1088. Every obligation consists in giving, doing, or not doing something. Art. 1089. Obligations are created by law, by contracts, by quasi-contracts, and by illicit acts and omissions or by tho...

Chapter II. Nature And Effects Of Obligations: Art. 1094. A person obliged to give something is also bound to preserve it with the diligence pertaining to a good father of a family. Art. 1095. A creditor has a right to the fruits of a thing from ...

Chapter III. Different Kinds Of Obligations. Section 1. Pure And Conditional Obligations: Art. 1113. Every obligation, the fulfillment of which should not depend upon a future or uncertain event or upon a past event, unknown to the parties in interest, shall be immediately demandable. Eve...

Forty-First Subject. Legal Ethics. Introduction: The definition and scope of Legal Ethics is discussed by Prof. Warvelle, in his work on this subject, as follows: Thus far we have been considering only the general subject of ethics, while our spec...

American Bar Association - Canons Of Professional Ethics. Chapter I. Preamble: In America, where the stability of courts and of all departments of government rests upon the approval of the people, it is peculiarly essential that the system for establishing and dispensing justice...

Chapter II. The Canons Of Ethics: No code or set of rules can be framed which will particularize all the duties of the lawyer in the varying phases of litigation or in all the relations of professional life. The following canons of et...

Section 1. The Duty Of The Lawyer To The Courts: It is the duty of the lawyer to maintain towards the courts a respectful attitude, not for the sake of the contemporary incumbent of the judicial office, but for the maintenance of its supreme importa...

Section 2. The Selection Of Judges: It is the duty of the Bar to endeavor to prevent political considerations from outweighing judicial fitness in the selection of judges. It should protest earnestly and actively against the appointment...

Section 3. Attempts To Exert Personal Influence On The Court: Marked attention and unusual hospitality on the part of a lawyer to a judge, uncalled for by the personal relations of the parties, subject both the judge and the lawyer to misconstructions of motive ...

Section 4. When Counsel For An Indigent Prisoner: A lawyer assigned as counsel for an indigent prisoner ought not to ask to be excused for any trivial reason, and should always exert his best efforts in his behalf. ...

Section 5. The Defense Or Prosecution Of Those Accused Of Crime: It is the right of the lawyer to undertake the defense of a person accused of crime, regardless of his personal opinion as to the guilt of the accused; otherwise innocent persons, victims only of susp...

Section 6. Adverse Influences And Conflicting Interests: It is the duty of a lawyer at the time of retainer to disclose to the client all the circumstances of his relations to the parties, and any interest in or connection with the controversy, which might ...

Section 7. Professional Colleagues And Conflicts Of Opinion: A client's proffer of assistance of additional counsel should not be regarded as evidence of want of confidence, but the matter should be left to the determination of the client. A lawyer should decli...

Section 8. Advising Upon The Merits Of A Client's Cause: A lawyer should endeavor to obtain full knowledge of his client's cause before advising thereon, and he is bound to give a candid opinion of the merits and probable result of pending or contemplated l...

Section 9. Negotations With Opposite Party: A lawyer should not in any way communicate upon the subject of controversy with a party represented by counsel; much less should be undertake to negotiate or compromise the matter with him, but should...

Section 10. Acquiring Interest In Litigation: The lawyer should not purchase any interest in the subject matter of the litigation which he is conducting. ...

Section 11. Dealing With Trust Property: Money of the client or other trust property coming into the possession of the lawyer should be reported promptly, and except with the client's knowledge and consent should not be commingled with his p...

Section 12. Fixing The Amount Of The Fee: In fixing fees, lawyers should avoid charges which overestimate their advice and services, as well as those which undervalue them. A client's ability to pay cannot justify a charge in excess of the va...

Section 13. Contingent Fees: Contingent fees lead to many abuses, and where sanctioned by law should be under the supervision of the court. ...

Section 14. Suing A Client For A Fee: Controversies with clients concerning compensation are to be avoided by the lawyer so far as shall be compatible with his self-respect and with his right to receive reasonable recompense for his servi...

Section 15. How Far A Lawyer May Go In Supporting A Client's Cause: Nothing operates more certainly to create or to foster popular prejudice against lawyers as a class, and to deprive the profession of that full measure of public esteem and confidence which belongs to...

Section 16. Restraining Clients From Improprieties: A lawyer should use his best efforts to restrain and to prevent his clients from doing those things which the lawyer himself ought not to do, particularly with reference to their conduct towards court...

Section 17. Ill Feeling And Personalities Between Advocates: Clients, not lawyers, are the litigants. Whatever may be the ill-feeling existing between clients, it should not be allowed to influence counsel in their conduct and demeanor toward each other or towa...

Section 18. Treatment Of Witnesses And Litigants: A lawyer should always treat adverse witnesses and suitors with fairness and due consideration, and he should never minister to the malevolence or prejudices of a client in the trial or conduct of a c...

Section 19. Appearance Of Lawyer As Witness For His Client: When a lawyer is a witness for his client, except as to merely moral matters, such as the attestation or custody of an instrument and the like, he should leave the trial of the case to other counsel. ...

Section 20. Newspaper Discussion Of Pending Litigation: Newspaper publications by a lawyer as to pending or anticipated litigation may interfere with a fair trial in the courts and otherwise prejudice the due administration of justice. Generally they are t...

Section 21. Punctuality And Expedition: It is the duty of the lawyer not only to his client, but also to the courts and to the public to be punctual in attendance, and to be concise and direct in the trial and disposition of causes. ...

Section 22. Candor And Fairness: The conduct of the lawyer before the court and with other lawyers should be characterized by candor and fairness. It is not candid or fair for the lawyer knowingly to misquote the contents of a paper...

Section 23. Attitude Toward Jury: All attempts to curry favor with juries by fawning, flattery or pretended solicitude for their personal comfort are unprofessional. Suggestions of counsel, looking to the comfort or convenience of jur...

Section 24. Right Of Lawyer To Control The Incidents Of The Trial: As to incidental matters pending the trial, not affecting the merits of the cause, or working substantial prejudice to the rights of the client, such as forcing the opposite lawyer to trial when he is...

Section 25. Taking Technical Advantage Of Opposite Counsel; Agreements With Him: A lawyer should not ignore known customs or practice of the bar or of a particular court, even when the law permits, without giving timely notice to the opposing counsel. As far as possible, important...

Section 26. Professional Advocacy Other Than Before Courts: A lawyer openly, and in his true character, may render professional services before legislative or other bodies, regarding proposed legislation and in advocacy of claims before departments of governme...

Section 27. Advertising, Direct Or Indirect: The most worthy and effective advertisement possible, even for a young lawyer, and especially with his brother lawyers, is the establishment of a well-merited reputation for professional capacity and ...

Section 28. Stirring Up Litigation, Directly Or Through Agents: It is unprofessional for a lawyer to volunteer advice to bring a lawsuit, except in rare cases where ties of blood, relationship or trust make it his duty to do so. Stirring up strife and litigation i...

Section 29. Upholding The Honor Of The Profession: Lawyers should expose without fear or favor before the proper tribunals corrupt or dishonest conduct in the profession, and should accept without hesitation employment against a member of the Bar who ...

Section 30. Justifiable And Unjustifiable Litigations: The lawyer must decline to conduct a civil cause or to make a defense when convinced that it is intended merely to harass or to injure the opposite party or to work oppression or wrong. But otherwise ...

Section 31. Responsibility For Litigation: No lawyer is obliged to act either as adviser or advocate for every person who may wish to become his client. He has the right to decline employment. Every lawyer upon his own responsibility must deci...

Section 32. The Lawyer's Duty In Its Last Analysis: No client, corporate or individual, however powerful, nor any cause, civil or political, however important, is entitled to receive, nor should any lawyer render, any service or advice involving disloy...

Chapter III. Oath Of Admission: The general principles which should ever control the lawyer in the practice of his profession are clearly set forth in the following Oath of Admission to the Bar, formulated upon that in use in the St...

Questions. Thirty-Eighth Subject - International Law: Chapter I Page 11. 1. Give three different definitions of International Law. 2. Which of these do you prefer? 3. Why? Page 12. 1. Discuss the nature of International Law. Pages 13-15. 1. What i...

Questions. Conflict Of Laws: Chapter I Page 79. 1. Define the scope of the branch of the law known as Private International Law or Conflict of Laws. 2. Compare Private International Law with Public International Law. Page 80....

Questions. Spanish-American Law: Introduction. Page 207. 1. From what sources was the Spanish law derived? Page 208. 1. In what Code is the highest development of the Spanish Law found? The Civil Code. (Answer the succeeding que...

Questions. Legal Ethics: Pages 255-257. 1. Discuss the general nature of the subject of Legal Ethics. Pages 261-276. 1. Enumerate some of the principal provisions in the Code of Legal Ethics adopted by the American Bar Ass...

Appendix A. To International Law. Agreement For The Peaceable Adjustment Of International Disputes. Section 1. Maintenance Of The General Peace: (Recommended by The Hague Conference.) Art. I. With a view to prevent, as far as possible, the resort to force in the relations of states, the signatory powers agree to use their utmost endeavors to ...

Section 2. Good Offices And Mediation: Art. II. In cases of serious disagreement or conflict, before appealing to arms the signatory powers agree to resort, as far as circumstances will permit, to the good offices or mediation of one or mo...

Section 3. International Commissions Of Inquiry: Art. IX. In international differences affecting neither honor nor essential interests, and growing out of a difference of opinion as to questions of fact, the signatory powers deem it expedient that t...

Chapter I. Arbitral Justice. Section 4. International Arbitration: Art. XV. International arbitration has for its purpose the settlement of disputes between states by judges of their own choice and upon a basis of respect for law. Art. XVI. In questions of a judicia...

Chapter II. Permanent Court Of Arbitration: Art. XX. To the end that immediate recourse to arbitration may be facilitated, in respect to international differences which cannot be adjusted in the diplomatic way, the signatory powers agree to org...

Chapter III. Arbitral Procedure: Art. XXX. With a view to favor the development of arbitration, the signatory powers have agreed upon the following rules which shall apply to arbitral procedure, in so far as the parties have not agre...

General Provisions: Art. LVIII. This Convention shall be ratified with the briefest possible delay. The ratifications shall be deposited at The Hague. On the deposit of each ratification a minute shall be drawn up, of wh...

Chapter I. Rules Concerning The Laws And Usages Of War On Land. The Belligerent Character. Section 1. Belligerents: Art. 1. The laws, rights, and obligations of war apply, not only to the army, but also to militia forces and to bodies of volunteers, which combine the following conditions: (1) Having at their head ...

Chapter II. Prisoners Of War: Art. IV. Prisoners of war are prisoners of the enemy's government, and not of the individuals or corps who have captured them. They are to be treated with humanity. Everything which belongs to them pe...

Chapter III. The Sick and Wounded: Art. XXI. The obligations of belligerents in respect to the sick and wounded are regulated by the Geneva Convention of August 22, 1864, except as to the modifications which may be made in that instrum...

Chapter I. Means Of Injuring The Enemy - Sieges And Bombardments. Section 2. Hostilities: Art. XXII. Belligerents are not unlimited as to their choice of means of injuring the enemy. Art. XXIII. Besides the prohibitions established by special agreements, it is especially forbidden: (a) T...

Chapter II. Spies: Art. XXIX. An individual cannot be considered a spy unless, acting clandestinely, or under false pretences, he obtains, or seeks to obtain, information in the zone of a belligerent's operations, with ...

Chapter III. Flags Of Truce: Art. XXXII. An individual who is authorized by one belligerent to enter into communication with the other, and who presents himself with a white flag, is regarded as the bearer of a flag of truce. He ...

Chapter IV. Capitulations: Art. XXXV. Articles of capitulation entered into between the contracting parties are to take into account the rules of military honor. Once decided upon, these capitulations are to be scrupulously obs...

Section 3. Military Authority In The Territory Of The Enemy: Art. XLII. Territory is regarded as occupied when it finds itself placed in fact under the authority of the hostile army. The occupation includes only the territory where that authority is established...

Section 4. Belligerents Interned And Wounded Cared For In Neutral Territory: Art. LVII. The neutral state which receives in its territory troops belonging to the belligerent armies shall intern them whenever possible at a distance from the theatre of war. It may detain them in...

Agreement Concerning The Laws And Usages Of War On Land: Art. I. The high contracting parties shall issue instructions to their armed land forces which shall be in conformity to the rules concerning war on land annexed to the present convention. Art. II. T...

Declarations Of The Peace Conference At The Hague: I. Throwing Projectiles and Explosives from Balloons. Declaration. The contracting powers agree, for a period of five years, to forbid the throwing of projectiles and explosives from balloons or by o...

Appendix A. To Spanish-American Law: Act of Congress of July first, nineteen hundred and two, the Philippine bill. - An Act temporarily to provide for the administration of the affairs of civil government in the Philippine Islands, and...

Appendix A. To Spanish-American Law. Part 2: That the right to be secure against unreasonable searches and seizure hall not be violated. That neither slavery, nor involuntary servitude, except as a punishment for crime whereof the party ...

Appendix A. To Spanish-American Law. Part 3: Sec. 8. That at the same time with the first meeting of the Philippine Legislature, and biennially thereafter, there shall be chosen by said Legislature, each House voting separately, two resident Com...

Mineral Lands: Sec. 20. That in all cases public lands in the Philippine Islands valuable for minerals shall be reserved from sale, except as otherwise expressly directed by law. Sec. 21. That all valuable mineral ...

Mineral Lands. Part 2: Sec. 30. That in cases where, from the nature or shape of the ground, it is impossible to mark the location line of the claim as provided by this Act, then the claim may be marked by placing posts as ...

Mineral Lands. Part 3: Sec. 38. That applicants for mineral patents, if residing beyond the limits of the province or military department wherein the claim is situated, may make the oath or affidavit required for proof of c...

Mineral Lands. Part 4: Sec. 45. That where such person or association, they and their grantors have held and worked their claims for a period equal to the time prescribed by the statute of limitations of the Philippine Isla...

Mineral Lands. Part 5: Sec. 53. That every person above the age of twenty-one years, who is a citizen of the United States, or of the Philippine Islands, or who has acquired the rights of a native of said Islands under and ...

Mineral Lands. Part 6: Sec. 61. That mining rights on public lands in the Philippine Islands shall, after the passage of this Act, be acquired only in accordance with its provisions. Sec. 62. That all proceedings for the c...

Authority For The Philippine Islands Government To Purchase Lands Of Religious Orders And Others And Issue Bonds For Purchase Price: Sec. 63. That the Government of the Philippine Islands is hereby authorized, subject to the limitations and conditions prescribed in this Act, to acquire, receive, hold, maintain, and convey title to ...

Municipal Bonds For Public Improvements: Sec. 66. That for the purpose of providing funds to construct sewers, to furnish adequate sewer and drainage facilities, to secure a sufficient supply of water, and to provide all kinds of municipal b...

Franchises: Sec. 74. That the Government of the Philippine Islands may grant franchises, privileges, and concessions, including the authority to exercise the right of eminent domain for the construction and opera...

Coinage: Sec. 76. That the Government of the Philippine Islands is hereby authorized to establish a mint at the city of Manila, in said Islands, for coinage purposes, and the coins hereinafter authorized may b...

Bureau Of Insular Affairs: Sec. 87. That the Division of Insular Affairs of the War Department, organized by the Secretary of War, is hereby continued until otherwise provided, and shall hereafter be known as the Bureau of Insu...

Table Of Cases: Cases Cited In Thirty-Eighth Subject - International Law Antelope, The (10 Wheaton, 122), 12. Hilton vs. Guyot (159 U. S., 163), 18. New York Life Insurance Co. vs. Hendren (92 U. S., 288), 19. Pr...

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