《TRENDS OF PRIVATE INTENATIONAL LAW》求取 ⇩

Foreword9

PART ONEPRIVATE INTERNATIONAL LAW AS A SOCIAL PHENOMENON13

Chapter 1 A General Survey13

Chapter 2The Legal and Sociological Aspects of Private International Law22

1 Ontological and Gnoseological Aspects22

2 Private International Law as a Social Phenomenon24

3 The Prerequisites of the Origin and Existence of Private International Law28

4 Private International Law and the Plurality and Co-Existence of States31

5 The Problem of Foreign Element in Legal Relations35

6 Prospects of Development38

PART TWOHISTORICAL DEVELOPMENT OF THE CONCEPTS OF PRIVATE INTERNATIONAL LAW46

Chapter 1The Situation Prior to the Emergence of the Statutory Theory of Private International Law46

l The Law of the Slave State and the Conflicts of Law46

2 The Emergence of Tribal Laws and the Personal Principle48

3 Feudalism and the Territorial Principle40

Chapter 2The Emergence and Initial Progress of the Statutory Theory51

4 The Economic and Political Prerequisites51

5 The Glossators52

6 The Post-Glossators53

7 Bartolus and Baldus57

8 Bartholomeus de Saliceto, Paulus de Castro, Rochus Curtius59

9 Conclusions61

Chapter 3French and Dutch Statutory Theory64

10 Charles Dumoulin ?the French Successor of Bartolus64

11 Reaction to Dumoulin's Doctrine-d'Argentre68

12 French Authors of the 18th Century70

13 The Statutory Theory in the Netherlands70

14 Echoes of the Statutory Theory in Germany74

15 Final Conclusions Regarding the Statutory Theory75

Chapter 4Development in the Period of Capitalism78

16 General Comments78

17 The French and Austrian Civil Codes79

18 Wachter80

19 Savigny's Theory80

20 The Influence and Importance of Savigny85

21 Mancini and His "National" School88

22 Joseph Story and His Doctrine91

PART THREE"UNIVERSALISM" AND "NATIONALISM" IN THE MODERN DOCTRINE OF PRIVATE INTERNATIONAL LAW ESPECIALLY IN NON-SOCIALIST STATES96

Chapter 1Introduction96

l General Survey96

2 Basic Historico-Sociological View99

Chapter 2The Main Views of the Doctrine of Public International Law on Private International Law106

3 Basic Division106

4 The Concept of Subjection of Private International Law to Public International Law110

5 The Endeavour to Overcome the Extreme Position of Monistic Universalism112

6 The Delegation Theory114

7 An Assessment of the Monistic and Dualistic Concepts of Private International Law116

8 Conclusion122

Chapter 3The Main Concepts of the Doctrine of Private International Law127

9 The Controversy Between "Universalist" and "Nationalist"Trends127

10 "Universalism" in the Doctrine of Private International Law129

11 The Main Trends of the "Nationalist" Doctrine138

Chapter 4 The Comparative Trend in Private International Law151

PART FOURTHE OBJECT AND CHARACTER OF PRIVATE INTERNATIONAL LAW AND ITS PLACE IN THE SYSTEM OF LAW158

Chapter 1 Introduction158

Chapter 2 The General Characteristics of Private International Law and the Question of Its Object163

Chapter 3Links Between Private International Law and Other Branches of Law and the Question of the Place Private International Law Occupies in the System of Law175

1 Theories Considering Private International Law as a Part of Public International Law and Their Evaluation175

2 Theories Which Consider Private International Law as a Part of Municipal Law and Their Evaluation183

3 The Soviet Discussion on the Object and Character of Private International Law187

Chapter 4 The Place of Private International Law in the System of Law192

PART FIVECOMPARATIVE JURISPRUDENCE, PRIVATE INTERNATIONAL LAW AND THE LAW OF INTERNATIONAL TRADE200

Chapter 1 General Survey200

Chapter 2(Excursus)205

Some Problems of Comparative Jurisprudence205

1The Development of Comparative Law205

2 The Theoretical Discussion on the Nature of Comparative Jurisprudence214

3 The Contemporary Problems, Character and Some Tasks of Comparative Jurisprudence221

Chapter 3 The Role of Comparative Jurisprudence in Private International Law233

Chapter 4 Some Notes on the Law of International Trade246

PART SIXTHE SUBSTANCE AND CHARACTER OF APPLICATION OF FOREIGN LAW258

Chapter 1 Application of Foreign Law as the Consequence and Culmination of the Conflict Rule258

Chapter 2Application of Foreign Law and Domestic Law268

1 The Anglo-American Doctrine and Practice268

2 The Theory and Practice of European States275

3 A Critical Assessment of the Opinion that Foreign Law Is a Fact282

4 "Reception" of Foreign Law by Domestic Law287

5 Conclusions290

Bibliography294

Index304