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Research On The History Of Private International Law In France

Posted on:2005-10-17Degree:MasterType:Thesis
Country:ChinaCandidate:L H RenFull Text:PDF
GTID:2156360122996806Subject:International Law
Abstract/Summary:PDF Full Text Request
France is not only one of sources of western legal system, but it contributes a lot of important codes, institutions, principles and concepts to it. Generally speaking, domestic scholars know much about its well-known theories and outstanding masters in the field of private international law, but know not much about its theory and legislation's history.The paper is chronologically divided the above history to four phases. The first is in the embryonic stage, the second is the early one, the third is the modern one and the last is contemporary one.In the embryonic stage, international private law was divided to two schools, that is, "person era" and "domicile era" on the basis of the difference of law application,. In early phase, the author elucidates the early scholars' achievement and sums up its attainment about the divide of procedure law and substantial law. At the same time, the author compares the difference of the theory between Charles Domoulin and D'Argentre. The fruit of the early French scholar and the significance of the Civil Code are also covered in this article. In the modern phase, Universalism, internationalism and Particularism Nationalism leads the role one after another. The doctrines of Weiss, Pillet, Bartin and Niboyet are appeared in this phase. In the contemporary stage, the theory about Bartifol and Francescakis is introduced and the international treaty is summed up.The paper also gives a brief account of the basic legal system of French private international law. At the last, the author presents some inspiration based on the history and the change of the legal origin.
Keywords/Search Tags:Private International, Law Roman, law Civil Code, Statute Theory
PDF Full Text Request
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