متن حقوقی ارسالی را ترجمه کن خط به خط کوتاه به شکلی که یک خط فارسی سمت راست در جدول و یک خط ترجمه در سمت چپ جدول تا انتهای متن4. Methods of Solving the Problem
Various societies have different ideas as to the suitability of law for the solution of particular problems. In classical Roman law, for example, ingratitude was a legally punishable wrong, yet there are a few modern systems where one would find similar treatment of such moral shortcomings. Today one can discover instances of acts which have legal consequences in certain systems but not in others and of institutions of one system which are by no means universally found. Treatment of problems as legal problems is one associated with the general question of classification or characterisation in the conflict of laws, and it is only necessary to mention it at this point in order to draw attention to its existence, since the premise of the solutions we shall have to consider is that the problem is appropriate for legal solution and that one, at least, of the legal systems involved recognises the problem as a legal one. We cannot take as a premise that because a certain situation containing foreign elements induces legal consequences in accordance with one of the legal systems involved, it necessarily induces legal consequences in the other relevant legal systems. It may, in fact, have no legal existence whatever in those systems. If this is the case a complicated situation of conflict of laws arises which merits separate and detailed consideration. Certainly we cannot say at once that no problem of private international law exists merely because only one of the relevant legal systems recognises a transaction as leading to legal consequences, for the whole of this body of law lies in an international framework of law and thought. On the one hand, one can well understand that a right of action will not lie in country A in respect of a legal transaction arising in country B if that transaction, though giving rise to a cause of action in country B, does not do so in country A. This is the situation one finds from time to time in courts of all countries. An instance in England is the case of Phrantzes v. Argenti", in which the English courts were unable to give remedies for the claim by a Greek girl against her father for the assessment of a dowry to which she was entitled under Greek law, her personal law, since the type of remedy for which she was asking could not be provided in the English courts. On the other hand, the mere fact that a particular transaction is regarded as giving rise to a right of action of a different kind in different legal systems does not prevent the bringing of an action on the basis of the facts in any jurisdiction which permits it. Thus in Hansen v. Dixon" an action for breach of promise of marriage was brought in the English courts in respect of a transaction arising in Denmark, despite the fact that by Danish law no such action would lie. It would be convenient to assume what is generally true as a premise for the solutions we shall consider, namely, that the facts of a transaction give rise to a situation of private international law recognised as such by all relevant systems.