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nydus/The History of UsuryPublic

This volume provides a historical overview of usury from the Mosaic period through the Roman era and into the nineteenth century. It examines the policy of usury laws, their impact on commerce, and the conflict of legal principles across different states and countries.

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Table of Contents

Chapter V.

in relation thereto only be determined, by the lex rei sitae} And in a conflict between a personal law of the domicil and a real law, either of the domicil or of any other place, the real law prevails over the per- sonal law. Thus a person who has attained his majority, and has, as incident to that status, the power of disposing by donation, inter vivos of every- thing he possessed, may, by the real statute of the place in which his property is situated, be restrained from giving the whole, or from giving it except to particular persons. And these principles are recog- nized by the authorities both in England and in this country, in their fullest import, and may now be considered as thoroughly well settled.^ So, a con- veyance or will of land, or a mortgage or contract concerning real estate or immovable property, or any other thing of a local character, is exclusively subject to the laws of the government within whose territory it is situated.^ And the test by which real and per- ' Paul Voet states the rule thus : " Ut immobilia statu tis loci regantur, ubi sita." — (De Stat., p. 253.)

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