Trends of Private International Law

ISBN-13: 9789401187374 / Angielski / Miękka / 1971 / 308 str.

Pavel Kalensky

Opis

to Seeking the answer to the three basic questions of contempo rary private international law, I also deemed it essential to out line to the reader the historical development of the different concepts of this particular branch of law, for without the know ledge of this history it is impossible to understand the contempo rary problems. The fact that private international law oscillates between public international law and substantive municipal law as it is applied in individual countries creates considerable problems in both theory and practice. I have tried to deal with these problems in the third part of my study, concerning "universa lism" and "nationalism" in the doctrine of private international law, as well as in its fourth part, which is devoted to the object and nature of this law and its place in the overall system of law. The character of private international law, ensuing from the plurality of municipal laws - which also characterize the origin and existence of comparative jurisprudence - in spired me to produce the fifth part of this study, which prima rily tries to expJain the theoretical problems of comparative jurisprudence but does so - defining its objectives and possibili ties - in order to underline at the same time its role in private international law and in the law of international trade."

Spis treści

One Private International Law as a Social Phenomenon.- 1 A General Survey.- 2 The Legal and Sociological Aspects of Private International Law.- Two Historical Development of the Concepts of Private International Law.- 1 The Situation Prior to the Emergence of the Statutory Theory of Private International Law.- 2 The Emergence and Initial Progress of the Statutory Theory.- 3 French and Dutch Statutory Theory.- 4 Development in the Period of Capitalism.- Three “Universalism” and “Nationalism” in the Modern Doctrine of Private International Law Especially in Non-Socialist States.- 1 Introduction.- 2 The Main Views of the Doctrine of Public International Law on Private International Law.- 3 The Main Concepts of the Doctrine of Private International Law.- 4 The Comparative Trend in Private International Law.- Four The Object and Character of Private International Law and Its Place in the System of Law.- 1 Introduction.- 2 The General Characteristics of Private International Law and the Question of Its Object.- 3 Links Between Private International Law and Other Branches of Law and the Question of the Place Private International Law Occupies in the System of Law.- 4 The Place of Private International Law in the System of Law.- Five Comparative Jurisprudence, Private International Law and the Law of International Trade.- 1 General Survey.- 2 (Excursus) Some Problems of Comparative Jurisprudence.- 3 The Role of Comparative Jurisprudence in Private International Law.- 4 Some Notes on the Law of International Trade.- Six The Substance and Character of Application of Foreign Law.- 1 Application of Foreign Law as the Consequence and Culmination of the Conflict Rule.- 2 Application of Foreign Law and Domestic Law.