Wengler, Wilhelm Keywords: Legal principles | Private international law | Mots clefs: Principes généraux du droit | Droit international privé | ABSTRACT Wilhelm Wengler begins his course on the General Principles of Private International Law with a presentation of the general principles of private international law: conflicts of laws and gaps between the conflicts of law. He examines the problems of "intergentil" laws and the solutions to the problems. The author discusses the question of interterritorial law and the…

Péritch, Jivoïn Keywords: Yugoslavia | Private international law | Mots clefs: Yougoslavie | Droit international privé | ABSTRACT Jivoin Peritch presents in this article the conception of private international law that prevailed in 1929 in the Kingdom of Serbians, Croatians, and Slovenians. After some introductory remarks on the formation of the Yugoslav State, the author discusses the issue of Yugoslav nationality. The author then examines the legal status of foreigners in Yugoslavia, and finally the issue of the conflict of laws. Jivoïn Péritch présente dans cet article la…

Jayme, Erik Keywords: Codification | Private international law | Mots clefs: Codification | Droit international privé | ABSTRACT Erik Jayme, Professor at the University of Munich, notes in the introduction to his course that the idea of codifying private international law does not emerge until the middle of the 19th century. This course is the doctrinal elaboration of the subject by eminent authors in the first half of the nineteenth century that has brought private international law into the conscience of legisl…

Curti Gialdino, A. Keywords: Will | Law of contracts | Private international law | Contrats de développement | Mots clefs: Volonté | Droit des obligations | Droit international privé | Economic development agreement | ABSTRACT A. Curti Gialdino, Professor at the Faculty of Law of Perugia, devotes the course to the Will of the Parties in Private International Law and presents a normative basis of psychological connection in the first chapter. He studies the ratio of the conflict rule considering psychological attachment, then the …

Svenné Schmidt, Torben Keywords: Incidental question | Private international law | Mots clefs: Question préalable | Droit international privé | ABSTRACT This class is about the incidental question, meaning the question before applying the legal rule to the main question. The concept itself of the incidental question is studied, the author talks about the doctrine on difference between the incidental question and the primary question, as well as the difference between partial question and incidental question. A surve…

Meijers, E.-M Keywords: Legal principles | Private international law | Legal history | Mots clefs: Principes de droit | Droit international privé | Histoire du droit | ABSTRACT In this course, E.-M. Meijers proposes to explain how and why the principles of private international law are formed and succeed each other from the Middle Ages until the formation of modern codes. After a study of the regime of the kind of laws, the author studies the conflicts of custom in Western Europe in the Middle Ages, the Italian theory of S…

Barile, Giuseppe Keywords: Private international law | Mots clefs: Droit international privé | ABSTRACT Giuseppe Barile explains in the introduction to his course that the technical means employed for determining the applicable law should be based on the requirements determined by the essential goal and not, on the contrary, on abstract doctrinal postulates that would neglect the goal. His research is, therefore, primarily historical. Indeed, in trying to determine the purpose of the norms of private internat…

Benattar, Raoul Keywords: Family law | Private international law | Mots clefs: Droit de la famille | Droit international privé | ABSTRACT Raoul Benatter reminds us in the introduction of his course that the term country of personal law refers to countries whose legal systems, on one hand, determine the law applicable to the personal status by the sole criterion of the membership of an individual in an ethnic, a religious or a national community, and on the other hand, incorporate a personal law in the personal status…

Kunz, Otto Keywords: Socialist countries | Industrial property | Private international law | Intellectual property | Mots clefs: Pays socialistes | Propriété industrielle et scientifique | Droit international privé | ABSTRACT Otto Kunz, Professor at the Charles University in Prague, points out that the right of the socialist countries, in which the leading role of the working class led by Communist parties or Marxist workers, has certain specific characteristics by which it differs from a law of non-socialist countries. These…

Trias De Bes, J.-M. Keywords: Spain | Private international law | Mots clefs: Espagne | Droit international privé | ABSTRACT J.-M. Trias de Bes devotes his course to Spanish private international law. After a presentation of the historical evolution from the conquest by the Visigoths, the author first focuses on the personal relations, the regime of the goods and the form of the acts. He studies the principle of the autonomy of Will, the concept of public policy, the solution of referral and the concept of fraud ag…

Sosniak, Mieczyslaw Keywords: Socialist countries | Civil law | International law | Treaties | Family law | Private international law | Mots clefs: Pays socialistes | Droit civil | Droit international | Traités | Droit de la famille | Droit international privé | ABSTRACT Since the objective of the Socialist States is to correlate and harmonize the principles of their legal relations, they have not, however, decided to harmonize all the principles in all the concerned countries, even though, on the ground of the Socialist bloc, many agreem…

A. Wortley, O.B.E., LL.D., B. Keywords: Public international law | Private international law | Mots clefs: Droit international public | Droit international privé | ABSTRACT In his course on the Interaction of Public International Law and Private International Law, B. A. Wortley seeks to explain how the rules of these two branches of law are interlinked and how the growth of one branch can affect the other. The author offers a series of examples to illustrate his general thesis that public international law and private i…

E. Von Overbeck, Alfred Keywords: Municipal courts | Private international law | Conventions | Mots clefs: Cours nationales | Droit international privé | Conventions | ABSTRACT Alfred von Osterbeck examines the application of the private international law conventions from the perspective of the Court. He begins his course with a study of the problems related to the enforcement of the conventions, the obligation for the court to apply them, and their field of application. He focuses on the interpretation issues specific t…

J. Llewelyn Davies, D. Keywords: Private international law | Mots clefs: Droit international privé | ABSTRACT There are two main methods for studying private international law: the theoretical or a priori method, and the positive or practical method. D. J. Llewelyn Davies, like most Common Law lawyers, adopts the second method. After a presentation of the methodological issues, the author studies the nature of private international law. He then focuses on the preliminary problems of applying the rules of confli…

Niboyet, J.-P. Keywords: Reciprocity | Legal principles | Private international law | Treaties | Mots clefs: Réciprocité | Principes généraux du droit | Droit international privé | Traités | ABSTRACT The theme developed by J.-P. Niboyet in his course is the relations that exist or rather should exist between the general principles of civil law and the treaties which are, after all, just the contracts between the States. After outlining a few general considerations, the author examines the patterns of diplomatic reciprocity, …

S. Maridakis, Georges Keywords: Private international law | Mots clefs: Droit international privé | ABSTRACT Georges S. Maridakis explains in the introduction to his course that the legislators of each country, without perhaps realizing the law and without being constrained by the law, would have acted as a supranational legislator. The legislators try to set up the interstate social harmony on the similarity of the rules of private international law which are in force in each State, so that the rules appear t…

De Nova, Rodolfo Keywords: Private international law | History | Mots clefs: Droit international privé | Histoire | ABSTRACT Rodolfo de Nova's course is divided into two parts: a historical part and a comparative part. In the historical part, the author focuses on the "statutists" and presents the Italian, French, and Dutch schools in the nineteenth century. The second part of the course is devoted to the presentation of general problems and general theories. He examines the reference to the rules of foreign confl…

Fabre-Surveyer, Édouard Keywords: Canada | Private international law | Mots clefs: Canada | Droit international privé | ABSTRACT The intention of Edouard Fabre-Surveyer is to limit his course to the private international law of his country, Canada, which is already sufficiently complicated, he explains, Canada being composed of the nine provinces each one having a legislature which votes laws, of which some of them have an impact on private international law. The author successively studies the topics of residenc…

Jänterä-Jareborg, Maarit Keywords: Municipal courts | Foreign law | Choice of law | Private international law | Mots clefs: Juridiction nationale | Droit étranger | Choix de la loi applicable | Droit international privé | ABSTRACT In this course on comparative private international law, Professor Maarit Jänteä-Jareborg of the University of Uppsala tackles the question of the application of foreign law in national courts. In the first part of the course, Professor Jänteä-Jareborg presents various old and new theories concerning the…

Kronke, Herbert Keywords: Stock market transactions | Private international law | Mots clefs: Opérations de bourse | Droit international privé | ABSTRACT In this course, Herbert Kronke deals with capital markets where long-term financial instruments, stocks or shares, bonds, and the like are traded. Delocalization, integration, and globalization of capital markets might be viewed as developments tending to divest conflict of laws of its rule over international transactions on those markets. The author then focuses on…