Gaillard, Emmanuel Keywords: International arbitration | Private international law | Legal philosophy | Legal positivism | International commercial arbitration | Mots clefs: Arbitrage international | ABSTRACT The law of arbitration, even more than the private international law, says Emmanuel Gaillard, Professor at the University of Paris XII, lends itself to a reflection of the philosophy of law. The notions, which are essentially philosophical, of will and freedom are at the heart of the matter. The parties’ freedom to …

Hay, Peter Keywords: United States of America | Conflict of laws | Europe | Private international law | Mots clefs: Etats-Unis d'Amérique | Droit interrégional | Droit international privé | Europe | ABSTRACT Peter Hay, Professor at the University of Illinois at Urbana-Champaign, emphasizes in the introduction to his course that a contradiction between the need for flexibility (to avoid an unfair decision) and the need for legal certainty cannot be resolved. It is the natural consequence of the difference between the development…

Jayme, Erik Keywords: Languages | Choice of law | Private international law | Mots clefs: ABSTRACT Language is an important element in private international law. As a connecting factor, it is an element of a person's identity, can be used in family and succession law, or to define the habitual character of a residence. The language also has a role to play in certain cases for the principle of nationality or in contracts where it can justify a tacit choice of law. The question of linguistic risk is also mentioned, in the case of languages not known by weak people. The laws on …

P. Pamboukis, Charalambos Keywords: Private international law | Mots clefs: Droit international privé | ABSTRACT Charalambos P. Pamboukis, Associate Professor at the University of Athens, points out in the introduction to his course that the paradigm of law has changed significantly. Today, we are experiencing a movement of communication integration with effects in various sectors of social, economic, and cultural life through the phenomenon of globalization. The salient feature of the evolution is the emergen…

E. Krispi, Professor Keywords: Currencies | Private international law | Mots clefs: Monnaies | Droit international privé | ABSTRACT In his course on Money in Private International Law, E. Krispis, Professor at the University of Athens, studies the nature of debt as monetary, the question of the type of money owed, the extent of monetary debt, the question of discharge of monetary debt, and then the question of the control of exchange. Dans son cours sur l'argent en droit international privé, E. Krispis, professeur à l'Université d'Athènes, étudie le caractère monéta…

Hobér, Kaj Keywords: Res iudicata | Concurrent proceedings | Law of civil procedure | Arbitration | International commercial arbitration | Private international law | Mots clefs: ABSTRACT The objective of these lectures is to identify situations where res judicata and lis pendens issues may arise in international arbitrations, as well as to take stock of, and to discuss, what arbitral tribunals actually do with respect to the principles of res judicata and lis pendens. After an introduction, the Chapter II discusses res judicata and lis pendens in a number of national jurisdicti…

M. North, Peter Keywords: Commonwealth | Private international law | Mots clefs: Commonwealth | Droit international privé | ABSTRACT Peter North, Principal of Jesus College Oxford, devotes his course to "revolution" in private international law, where the revolution is a process of moving from a conflict of laws between legal orders to a process of selecting a rule rather than a legal order. This would be reform more than a revolution according to the author. Peter North studies successively several important topi…

Lando, Ole Keywords: Law of contracts | Private international law | International contracts | Mots clefs: Droit des obligations | Droit international privé | ABSTRACT Ole Lando, Professor at the Institute for European Market Law in Copenhagen, points out in the introduction to his course that all contracts are governed by law. The purpose of Professor Lando’s course is to determine which law is applicable. The author intends to report on the conflict of laws as it appears in the most representative legal systems, namely…

Jambu-Merlin, Roger Keywords: Industrial accidents | Community law | Private international law | Mots clefs: Accidents du travail | Droit communautaire | Droit international privé | ABSTRACT Roger Jambu-Merlin, Professor at the University of Law, Economics, and Social Sciences, Paris, studies in his course the law applicable to accidents at work in international law, on one hand, and the law applicable to accidents at work in community law on the other hand. In the first part, he devotes the initial section to the study o…

Gutzwiller, Max Keywords: Private international law | Legal history | Mots clefs: Droit international privé | Histoire du droit | ABSTRACT Max Gutzwiller presents the field of his study with a question: if a person or something belonging to a given legal order is involved in another order, which is the one whose law is to be applied? The primary two chapters of the course are devoted to the origins and the scientific period. The other chapters are devoted to the further development of private international legal law…

Balogh, Elemer Keywords: Private international law | Comparative law | Mots clefs: Droit international privé | Droit comparé | ABSTRACT Elemer Balogh’s course on the Role of Comparative Law in Private International Law includes a general part and a special part. In the general part, the author focuses on principles and method, qualifications, renvoi, and public policy. In the special part, the author examines the issues related to Free Will in contractual matters and the locus regit actum rule in relation to the concept of form, especially in relation to marriage. Le cours d'Elemer Ba…

E. Von Overbeck, Alfred Keywords: Private international law | Mots clefs: Droit international privé | ABSTRACT The general course of Alfred von Overbeck, Professor at the University of Fribourg, examines some general issues of private international law on the basis of recent national codifications and recent projects (at the time of writing the course). The research focuses on the general rules of these texts, for example, qualification, as opposed to the general rules on a specific subject, for example contrac…

Hans Lewald, M. Keywords: Private international law | Mots clefs: Droit international privé | ABSTRACT In this course, Hans Lewald studies general problems concerning private international law. The author examines from the point of view of the legal technique, the specific subject of the private international law posing particular problems with regard to the formation and the application of the rules of law which compose the object. This examination allows the author to report on the specific nature of conflic…

Bucher, Andreas Keywords: Family law | Private international law | Mots clefs: Droit de la famille | Droit international privé | ABSTRACT Andreas Bucher, Professor at the University of Geneva, points out that private international law should take the personality and the interests of each family member into account. However, insofar as these interests are articulated differently for each legal relationship that forms the legal fabric of the family, the result is a certain disruption of the family status. Professor Buc…

AUDINET, Eugène Keywords: Marital property | Private international law | Mots clefs: Régime des biens des époux | Droit international privé | ABSTRACT Eugene Audinet, in the introduction to the course, explains that the personal relations of the spouses are governed in case of conflict of laws, by the laws which must govern their state, that is to say by their national law: at least this is the solution recommended by the author and accepted in Europe in most continental legislations. The author explains in another vi…

C. Cheshire D.C.L. F.B.A, G. Keywords: Great Britain | Marriage | Private international law | Mots clefs: Grande-Bretagne | Mariage | Droit international privé | ABSTRACT G. C. Cheshire begins his course on English Private International Law of Marriage with a presentation of the concept of marriage and the relationship between husband and wife. He then studies the formal requirements for marriage and the formalities of the celebration. Finally, the author focuses on divorce and legal separation, and then on the annulment of the marriage. G.C. Cheshire commence son cours sur le d…

Loussouarn, Yvon Keywords: Legal persons | Private international law | Mots clefs: Personnes morales | Droit international privé | ABSTRACT The purpose of Yvon Loussouarn's course on the status of legal persons in private international law is to study the problems specific to legal persons. The legal persons pose their specific problems because their very existence is at stake. Yvon Loussouarn devotes the first part of his course to the nationality of legal persons. He examines the question of the application of th…

Baratta, Roberto Keywords: Natural persons | Status | Rights | Effects of foreign instruments | Recognition | Private international law | Mots clefs: Personnes physiques | Statut | Droits | Effets des actes authentiques étrangers | Reconnaissance | Droit international privé | ABSTRACT Roberto Baratta, Professor at the University of Macerata, in his course, answers the problem of the "reaction" of private international law to the need of people who, in a society with increased mobility, generally have an interest in maintaining their lega…

V. M. Struycken, A. Keywords: Hague Academy of International Law | Private international law | Mots clefs: Académie de droit international de La Haye | Droit international privé | ABSTRACT Professor Struycken, Member of the Curatorium of the Hague Academy of International Law, focuses in his course on the contribution of the Academy to the development of the science and the practice of private international law. Professor Struycker concludes by saying that "[the Academy] has made an immense contribution to the "globalisation…

Audit, Bernard Keywords: Private international law | Mots clefs: Droit international privé | ABSTRACT The topic that Professor Bernard Audit has selected for this general course on private international law is the search for universality. Professor Audit points out that, although traditional universalism runs up against the diversity of law and its solutions, and a uniform private international law is undoubtedly a wild dream, there exists a common model of private international law which, though Western in o…