Savigny On Private International Law Theory,

There are rich contents in Savigny's theory of international private law, whose theory of seat of law relationship is named as "Copernican Revolution"in the history of international private law. In the whole of Savigny's law thoughts, his thoughts of history jurisprudence had already lost its life, but his theory of international private law still has an important influence on international private law today. After a half century rule over European countries, the theory of Statuta had shown its weakness and lack of objectivity. At this moment, Savigny brought a nice future for the recent development of international private law, by using analytical-positivist jurisprudence as his theory foundation and introducing Roma law. Based on the concept of seat, He classified all kinds of law relationship and found the place of seat for each of them. Then he posed two formulae. So Savigny's constructed his international private law system. There's a great influence of Savigny's theory of international private law: i ) it made revolution in the way of international private law by beginning from the nature of law relationship to solve the conflict of laws;ii ) it advanced the development of recent and modern international private law; iii) it made the development of international private law return to the way of universalism-internationalism; iv) it greatly advanced the law making of international private law and it played an active role on the harmony and uniformity of international private law. After over 20 years development, Chinese international private law preliminary has its own system, which includes many aspects of foreign civil and business relationship, but hasn't formed a whole and scientific system yet. So we should, on the base of our making laws, learn the essence of the universal thought, freedom idea and way of solving law conflict from Savigny's theory of international private law, to construct and improve our system of international private law, which will be helpful to our foreign contacts.