SECTION I - Conception, Character And Sources
Verfasser | E. J. Cohn |
Amt des Autoren | Sir |
Seiten | 1 |
-
The German conception of private international law differs from the English conception, in that it does not include the law relating to the limits of the jurisdiction of the Courts. Like the English, but unlike the French, conception it also excludes the rules relating to acquisition and loss of nationality and to the treatment of aliens. On the other hand the German textbooks on private international law include the rules relating to the proof of foreign law and the enforcement of foreign judgments. The same course is adopted in the present summary of the topic.
-
The eighth volume of Savigny's System of Contemporary Roman Law which deals with the conflict of laws is frequently cited with approval in English Courts. It constitutes perhaps the most important individual contribution by German scholarship to the problems of this field of law. It would, however, be completely erroneous to ascribe to this work any importance whatsoever as a source of information on modern German law. German law has-like other Continental legal systems-been most strongly influenced by the Italian school of followers of Mazzini, which arose several decades after the publication of Savigny's work. This school has succeeded in introducing into German law the principle of nationality as a point of contact on all questions of status and on a number of other questions. It has left many other traces of its strong, and often unfortunate, influence on many individual rules of German law. There is little in Savigny's work which could be taken to represent contemporary German learning on private international law. In any question on the German law of conflict of laws resort must therefore be had to modern works on the topic.
-
Articles 7 to 31 of the Introductory Law on the BGB contain a number of rules on private international law. They do not, however, constitute anything in any way approximating to a codification. The legislator has selected the rules which he has actually enacted without any regard to their relative importance. Thus the Introductory Law to the Civil Code, (Einfiihrungsgesetz (hereafter abbreviated: EGBGB)) contains rules on conflict of laws relating to guardianship, but not relating to contracts. The result is that in this field of law a situation obtains for which there is no parallel in any other field of German law, in that over wide tracts there are no statutory rules to guide the Courts in their decisions.
-
It is not surprising that the...
Um weiterzulesen
FORDERN SIE IHR PROBEABO AN- Manual of German Law
- Part III PRIVATE INTERNATIONAL LAW
- SECTION I - Conception, Character And Sources
- SECTION II - The Principle Of Nationality
- SECTION III - Rules Extending The Sphere Of Application Of German Law
- SECTION IV - The Application Of Foreign Law
- SECTION V - The Principle Of Preference For A Foreign Lex Rei Sitae
- SECTION VI - Recognition And Enforcement Of Foreign Judgments
- SECTION VII - Multiplicity Of Legal Rules Within One State
- SECTION VIII - Persons
- SECTION IX - Legal Transactions In General
- SECTION X - Law Of Contracts
- SECTION XI - Delicts And Other Non-Contractual Obligations
- SECTION XII - Law Of Property
- SECTION XIII - Law Of Husband And Wife
- SECTION XIV - Parent And Child
- SECTION XV - Guardian And Ward
- SECTION XVI - Succession
Subscribers can access the reported version of this case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the cited cases and legislation of a document.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the documents that have cited the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the revised versions of legislation with amendments.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see any amendments made to the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a visualisation of a case and its relationships to other cases. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. You also get a useful overview of how the case was received.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.