COMPARATIVE PRIVATE INTERNATIONAL LAW. UTILITY AND PERSPECTIVES Cover Image
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DREPTUL INTERNAŢIONAL PRIVAT COMPARAT. UTILITATE ŞI PERSPECTIVE
COMPARATIVE PRIVATE INTERNATIONAL LAW. UTILITY AND PERSPECTIVES

Author(s): Bogdan Cristian Trandafirescu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: comparative law; international private law; element of extraneity;

Summary/Abstract: The multitude of national systems of conflictual norms has created the basis for a distinct domain – compared international private law. The national systems of private international law are inevitably exposed to contact with other juridical domains, therefore obviously resulting in a comparison (made spontaneously by those involved in the applying of conflictual norms or systematically, by theoreticians) and in mutual influences. International conventions contain conflictual norms as well. The former are, on the one hand, the result of a comparative effort, following which the best conflictual solutions were established and, on the other hand, they influence the national systems of private international law (in a circular manner). Therefore, private international law has subtle and indissoluble connections with compared law. However, with this connection there lies a paradox – reaching the ideal of compared law (the harmonisation or even the unification of law at a global level) would inevitably lead to the dissapearance of both disciplines.

  • Issue Year: X/2012
  • Issue No: 01
  • Page Range: 118-123
  • Page Count: 6
  • Language: Romanian