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Trends of Private International Law

  • Book
  • © 1971

Overview

Authors:
  1. Pavel Kalensky
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Editors:
  1. Štefan Luby
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  2. Otto Kunz
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Table of contents (20 chapters)

  1. Front Matter

    Pages 1-11
    Download chapter PDF

  2. Private International Law as a Social Phenomenon

    1. A General Survey

      • Pavel Kalensky
      Pages 13-21

    2. The Legal and Sociological Aspects of Private International Law

      • Pavel Kalensky
      Pages 22-45

  3. Historical Development of the Concepts of Private International Law

    1. The Situation Prior to the Emergence of the Statutory Theory of Private International Law

      • Pavel Kalensky
      Pages 46-50

    2. The Emergence and Initial Progress of the Statutory Theory

      • Pavel Kalensky
      Pages 51-63

    3. French and Dutch Statutory Theory

      • Pavel Kalensky
      Pages 64-77

    4. Development in the Period of Capitalism

      • Pavel Kalensky
      Pages 78-95

  4. “Universalism” and “Nationalism” in the Modern Doctrine of Private International Law Especially in Non-Socialist States

    1. Introduction

      • Pavel Kalensky
      Pages 96-105

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

      • Pavel Kalensky
      Pages 106-126

    3. The Main Concepts of the Doctrine of Private International Law

      • Pavel Kalensky
      Pages 127-150

    4. The Comparative Trend in Private International Law

      • Pavel Kalensky
      Pages 151-157

  5. The Object and Character of Private International Law and its Place in the System of Law

    1. Introduction

      • Pavel Kalensky
      Pages 158-162

    2. The General Characteristics of Private International Law and the Question of Its Object

      • Pavel Kalensky
      Pages 163-174

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

      • Pavel Kalensky
      Pages 175-192

    4. The Place of Private International Law in the System of Law

      • Pavel Kalensky
      Pages 193-199

  6. Comparative Jurisprudence, Private International Law and the Law of International Trade

    1. General Survey

      • Pavel Kalensky
      Pages 200-204

    2. Some Problems of Comparative Jurisprudence

      • Pavel Kalensky
      Pages 205-232

    3. The Role of Comparative Jurisprudence in Private International Law

      • Pavel Kalensky
      Pages 233-245

    4. Some Notes on the Law of International Trade

      • Pavel Kalensky
      Pages 246-257

  7. The Substance and Character of Application of Foreign Law

    1. Application of Foreign Law as the Consequence and Culmination of the Conflict Rule

      • Pavel Kalensky
      Pages 258-267
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Keywords

About this book

to Seeking the answer to the three basic questions of contempo­ rary private international law, I also deemed it essential to out­ line to the reader the historical development of the different concepts of this particular branch of law, for without the know­ ledge of this history it is impossible to understand the contempo­ rary problems. The fact that private international law oscillates between public international law and substantive municipal law as it is applied in individual countries creates considerable problems in both theory and practice. I have tried to deal with these problems in the third part of my study, concerning "universa­ lism" and "nationalism" in the doctrine of private international law, as well as in its fourth part, which is devoted to the object and nature of this law and its place in the overall system of law. The character of private international law, ensuing from the plurality of municipal laws - which also characterize the origin and existence of comparative jurisprudence - in­ spired me to produce the fifth part of this study, which prima­ rily tries to expJain the theoretical problems of comparative jurisprudence but does so - defining its objectives and possibili­ ties - in order to underline at the same time its role in private international law and in the law of international trade.

Bibliographic Information

  • Book Title: Trends of Private International Law

  • Authors: Pavel Kalensky

  • Editors: Štefan Luby, Otto Kunz

  • DOI: https://doi.org/10.1007/978-94-011-9590-4

  • Publisher: Springer Dordrecht

  • eBook Packages: Springer Book Archive

  • Copyright Information: Pavel Kalenský 1971

  • Softcover ISBN: 978-94-011-8737-4Published: 01 January 1971

  • eBook ISBN: 978-94-011-9590-4Published: 01 December 2013

  • Edition Number: 1

  • Number of Pages: 308

  • Topics: Private International Law, International & Foreign Law, Comparative Law

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