| Karl Von Savigny was a great jurist in the 19th century, who established the Sitz des Rechtsverhaltnisses on the Private International Law. Studying and mastering his ideology on the theory of the Private International Law is meaningful for shaping the academic characteristic of the Private International Law learners and fulfilling the Chinese legislation on the Private International Law.Savigny evaluated respectively the Statute Theory, Wohnsitztheorie, Lex Fori Theory and wo es existent geworden ist Theory.Savigny shared many common characters with other scholars:(1) They believed that Authority and Territory Belonging Rule was the basic rule for law applying.(2) They adopted "distribution" method in law choice. That is they tried to distribute the right of legislation among sovereign nations.(3) They emphasized that one legal relation applied to only the local law, and could never be replaced by other laws.Savigny mainly focused on demonstrating the regional scope where legal rules could control legal relation. He believed that the matter was what kind of legal relation was influenced by legal rule and what sort of legal rule controlled legal relation. He set up a new perspective on the Private International Law different from other scholars.Savigny analyzed how legal relation controlled people. He believed that conflicting Territory Belonging Law might be the law in different regions within a country or that among different countries. He also pointed out some exceptions, the conflict between the domestic and international Forcing Law. He raised two connecting factors: nationality and location.Basing on the above analysis, Savigny raised his basic rule for solving legal conflict: "To find the region it should belong to for every legal relation", which was to find its sitz. Guided by this theory, Savigny expanded his exposition on the legal application of specific legal relation, where there were still problems such as people's legal position, matter-owning rights, creditor's rights, inheriting rights, family law and the form of legal behavior.Meanwhile, Savigny also expanded his exposition on the time scope when legal rule controlled legal relation.Savigny's theory made great contribution on the development of the Private International Law history.(1) He motivated the realization of "internationalization" and "privatization" of the Private International Law.(2) He proposed the "non-politicalization" of the Private International Law.(3) He promoted the "multi-means" of conflict norm.(4) He pursued the identical international verdict.(5) He raised many scientific and reasonable connection points on the legal application of specific legal relation.(6) He played an active role in working out the Conflicting Law Book.(7) He summarized the equality tendency of the Private International Law by studying the development of the Private International Law history.The essence of the Sitz des Rechtsverhaltnisses is that internationalization is the soul of the Sitz des Rechtsverhaltnisses; it explains the Theory of Autonomy of Will; it criticizes the Theory of Vested Rights; it shows the concern of jurists; it shows the basic character of the justice of the Conflicting Law, pursuing formal justice.Savigny's theory was criticized by some scholars represented by American scholars and German following scholars, such as Cavers, Currie, Kronstein, Wietholter, Joerges and Rehbinder. Theoretically, Savigny first influenced a large number of scholars on the Private International Law, such as Heinrich Thol and Ferdinand Walter. He also exerted deep influence on the Theory of the Closest Connection, the Theory of the Proper Law and the Doctrine of Characteristic Performance.Practically, Savigny's theory exerted great influence on the judicature cases of German Super Court and the legislation practice of Austria Common Civil Law Book and the Civil Law Book of Germany Empire.Savigny enlightened Chinese scholars on the Private International Law because of his academic view...
|
PDF Full Text Request