ERNED. Since Savigny, the effort of writers and of courts has been to determine by what local law each class of legal relations is properly gov erned. A substantial consensus exists on many of the chief points. (1) Domestic relations are regularly governed by the law of the husband's and father's domicile (Ica (2) Suc cession. whether testamentary or al) intestato, is governed by the law of the decedent's domicile. On the Continent of Europe this is generally true of the entire estate, including realty; in England and in the United States the law of the domicile governs the distribution of the person alty only. On the Continent the law of the domi cile also governs the liquidation and division of a bankrupt's estate; in England this is true as regards the personalty only. Everywhere the property relations of husband and wife (at least as regards personalty) are governed by the law of the matrimonial domicile. (3) Real property (except on the Continent in the above eases) is governed by the law of the jurisdiction in which it lies (lcx rei slice). (4) Movable things, ex cept in the cases mentioned above (No. 2), are also governed by the law of the site, i.e. rights vested by the law of the site are respected every where and are not affected by the removal of the thing to another jurisdiction. (5) Contractual obligations are governed, so far as the relations between the creditor and the debtor are con cerned, partly by the law of the place where the contract was concluded (/cx loci mull-acids cele brati), and partly by the law of the place where the obligation is to be performed (/cx loci sole tionis). As regards transfers or assignments of the creditor's claim, however, the law govern ing transfers of personal property may prevail over the proper law of the contract; and claims (chores in action) regarded as assets of an estate will regularly be governed by the law of thc creditor's domicile in the cases mentioned in No. 2.
Back of all these matters lie questions of capacity, (a) to take and hold property, real or personal, and (b) to act with legal result. The question of capacity to take and hold property rarely arises to-day except as regards corpora tions. This capacity is primarily determined by the law of the State in which the corporation was created; but it may be diminished or denied by the law of the place in which the property is situated. Questions of capacity to act are similarly determined as regards corporations, i.e. capacity must he accorded by the law of the State in which the corporation was created and also by the law of time State in which the corpora tion attempts to act. As regards natural persons, capacity to transmit property by will or to marry is generally determined by the law of the domicile ; capacity to transfer personal property or to con tract debt by the law of the place of the act (lex loci actus). In the United States, however, capacity to marry is governed by the law of the place of marriage. The sufficiency of the forms observed in legal acts is usually determined by the /ex boo/ actus.
As regards wrongful acts, no action of tort can be maintained unless the act was wrongful (to•tious) by the law of the place where it was done; and it is commonly held that it must also be tortious according to the law of the place where suit is brought (lex fori).