单词 | private international law |
释义 | > as lemmasprivate international law private international law n. the branch of law which deals with cases of private law involving a foreign element (as the fulfilment of contracts, recognition of marriages and other relationships contracted abroad, etc.), especially in determining the extent to which courts of one's own country have jurisdiction over such cases and whether the domestic or foreign law should be applied by the court to resolving the issue. ΘΚΠ society > law > branch of the law > [noun] > private law private lawa1638 civil law1651 private international law1834 1834 J. Story Comm. Conflict of Laws i. 9 The jurisprudence, then, arising from the conflict of the laws of different nations, in their actual application to modern commerce and intercourse, is a most interesting and important branch of public law... This branch of public law may be fitly denominated private international law, since it is chiefly seen and felt in its application to the common business of private persons. 1861 R. Phillimore Comm. Internat. Law IV. p. iii This volume is devoted to the consideration of Jus Gentium—Private International Law, or Comity: that is, strictly speaking, the law which ought to govern the legal relations of individuals not being the subject of the State which administers the law. 1938 G. C. Cheshire Private Internat. Law (ed. 2) i. 22 The expression ‘Private International Law’, coined by Story in 1834,..and used on the Continent by Foelix in 1838,..has been adopted by Westlake and Foote and most French authors. The chief criticism directed against its use is its implication that the subject forms a branch of International Law. There is, of course, no affinity between Private and Public International Law. The latter comprises those universally accepted customs which are recognized by States in their public relations with each other; the former consists of rules which the Courts of each territorial jurisdiction follow when a dispute containing some foreign element arises between private persons. 1992 J. M. Kelly Short Hist. Western Legal Theory viii. 346 Mancini's theory had no large-scale success: except within the more modest area of private international law. < as lemmas |
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