2019Unpublished venueRequires access

Comparative Law And Private International Law

Mathias Reimann

Open publisher page 5 citations

Abstract

Comparative law and private international law have had a long and intimate relationship. Traditionally, comparative law has interacted with private international law in three basic dimensions which can loosely be termed academic, legislative, and judicial. Comparative law has made private international law the object of scholarly study; it has assisted in the making of private international law rules; and it has provided a method for the application of existing conflicts norms. Recently, however, the emergence of supra-national legal orders has had a significant impact on the relationship between these disciplines, which are now jointly facing the challenges posed by the coexistence of overlapping legal regimes on multiple levels. These challenges can only be met through even greater cooperation between comparatists and private international lawyers than in the past.

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What this paper is about

Comparative law and private international law have had a long and intimate relationship. Traditionally, comparative law has interacted with private international law in three basic dimensions which can loosely be termed academic, legislative, and judicial. Comparative law has made private international law the object of scholarly study; it has assisted in the making of private international law rules; and it has provided a method for the application of existing conflicts norms. Recently, however, the emergence of supra-national legal orders has had a significant impact on the relationship between these disciplines, which are now jointly facing the challenges posed by the coexistence of overlapping legal regimes on multiple levels. These challenges can only be met through even greater cooperation between comparatists and private international lawyers than in the past.

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Available abstract

Comparative law and private international law have had a long and intimate relationship. Traditionally, comparative law has interacted with private international law in three basic dimensions which can loosely be termed academic, legislative, and judicial. Comparative law has made private international law the object of scholarly study; it has assisted in the making of private international law rules; and it has provided a method for the application of existing conflicts norms. Recently, however, the emergence of supra-national legal orders has had a significant impact on the relationship between these disciplines, which are now jointly facing the challenges posed by the coexistence of overlapping legal regimes on multiple levels. These challenges can only be met through even greater cooperation between comparatists and private international lawyers than in the past.

Key concepts: Private law, Comparative law, Law, Conflict of laws, Political science, Public law, Municipal law, Commercial law

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