The Study On The Origin Of Private International Law

The main topic of this article is the origin of private international law. Here, the private international law refers to one scientific idea or principle. That is the private international law theory, which has manifested the basic spirit and goal of private international law. Most of the domestic scholars take the ancient Roman society as its initial seed. However, the European and American scholars are prefer to believe that the conflict of law in civil and commercial affairs had already come into being in the ancient Greek and the ancient Roman society, and the system of private international law was producing during the process of application and selection of the law. This article tries to argue that the private international law had already appeared as early as in the ancient Greek time.Chapter one is the survey of several basic concepts of private international law, such as adjusted object of private international law, the scope of private international law, the definition of private international law, conflict laws , the existing condition for private international law, private international law and private international law science. All these educe the extension of discussion on the topic.Chapter two is the research about truly existence of private international law system in the ancient Greek society, as well as the possibility for bringing the private international law theory with the geography, economy, law, historical and political theories conditions at that time. The Greek society which has the common legal faith but various law system formed gradually. And this has provided the essential objective foundation for the production of private international law. The private international law system is established by mutually enduing with certain legal status territory right to the residents in opposite party through the treaty between various city-states and countries. Although with the fragmentary historical data, we are still allowed to see the quite complete practical private international law system, and this is unable to achieve without the supporting of formidable theory.Chapter three mainly studies private international law factors in Roman Ius gentium ,especially the basic theories as well as its evolution and theory nature of Ius gentium with the special political, theoretical and legal system conditions in the ancient Roman society. The forming of Roman Ius gentium system is in fact for solving legal conflicts between different law systems since its production. However, speaking of its legal nature, it is beyond the law of conflict, but a substantive law using for solving the conflict in civil and commercial affairs between the Roman and other nationalities in the Roman world .It is not an international law either. It is one of the constituents of Roman Empire domestic law.Reviewing the beginning of the article, chapter four studies Baltulus' Statute Theory. Why and in what extend Baltulus is named as "the father of private international law"?Through the analysis and summary above, chapter five advocated: "the statute difference theory "was not proposed by Baltulus, he was merely a reorganizer, Ius gentium is not the private international law, but viewing from the fact of solving the conflict in civil and commercial affairs in Rome, it is actually equal to a uniform substantive law for solving the legal conflicts between countries and areas as we say today. Concluding from this point of view, I would like to sum up: the ancient Greece rather than the ancient Rome is the origin of private international law.