The history of private international law: the theory of Belgian realism in the 16th century
The history of private international law: the theory of Belgian realism in the 16th century
Author(s): Irina Getman PavlovaSubject(s): Philosophy of Law, Sociology of Law
Published by: MedCrave Group Kft.
Keywords: Private; international; law; theory; statues; XVI century; Belgian; realism; connecting; factors
Summary/Abstract: This article looks at the school of Belgian realism in the 16th century, one of the lines of thought in the theory of statues, which was the only doctrine of private international law for over 500 years. Supporters of the school of Belgian realism of the 16th century, Nicolas Everhard, Pieter Peck, Johannes a Sande gave rise to the classical Dutch doctrine of “international comity” that underlies the Anglo-American approach to the regulation of international private relations. In the theory of statues, Belgian realism is a separate line of thought, which laid the foundation for a strictly territorial concept for the resolution of different conflicts of national laws. The article concludes that Everhard, Peck and Sande formulated connecting factors accepted by the legal systems of today. Their research served as the basis for the emergence of the doctrine of international comity and the perceived practice of modern private international law.
Journal: Sociology International Journal
- Issue Year: 2/2018
- Issue No: 5
- Page Range: 431-437
- Page Count: 7
- Language: English