Schlüsseltexte des Internationalen Privatrechts des 14. bis 17. Jahrhunderts, Gebunden

Blurb

This volume offers insights into key texts of scholarly Private International Law from the 14th to the 17th century, presented in the original and in translation. The roots of modern private international law lie in the late Middle Ages. Particular significance attaches to the conflict-of-laws writings of the northern Italian jurists Bartolus de Saxoferrato (1313-1357) and Baldus de Ubaldis (1327-1400), which were received across large parts of Europe from the 16th century onwards. In their treatises, they defined the territorial and personal scope of competing medieval municipal laws ( statuta ) and customary laws ( consuetudines ) according to the legislative iurisdictio .

Charles Dumoulin (1500-1566) and Bertrand d'Argentré (1519-1590) took up the late medieval considerations and applied them to the conflict-of-laws challenges of their time concerning the applicability of French coutumes . In the 17th century, Dutch authors such as Paulus Voet (1619-1667), Ulrik Huber (1636-1694), and Johannes Voet (1647-1713) were confronted, in the aftermath of the Peace of Westphalia, with the sovereignty claims of the Dutch provinces. They adopted both the northern Italian and French doctrines and, on this basis, developed a new understanding of conflict of laws grounded in the principle of comitas gentium .