Definition of COMITY


COMITY

Courtesy; a disposition to accomodate.

2. Courts of justice in one state will, out of comity, enforce the laws
of another state, when by such enforcement they will not violate their laws
or inflict. an injury on some one of their own citizens; as, for example,
the discharge of a debtor under the insolvent laws of one state, will be
respected in another state, where there is a reciprocity in this respect.


3. It is a general rule that the municipal laws of a country do not extend
beyond its limits, and cannot be enforced in another, except on the principle
of comity. But when those laws clash and interfere with the rights of citizens,
or the laws of the countries where the parties to the contract seek to enforce
it, as one or the other must give way, those prevailing where the relief
is sought must have the preference. 2 Mart. Lo. Rep. N. S. 93; S. C. 2 Harr.
Cond. Lo. Rep. 606, 609; 2 B. & C. 448, 471; 6 Binn. 353; 5 Crancb, 299;
2 Mass. 84; 6 Mass. 358; 7 Mart. Lo. R. 318. See Conflict of Laws; Lex loci
contractus.

Source: Bouviers Law Dictionary 1856 Edition

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