In order to refer to private international law, it is important to first understand what international law is , which is the type of law that regulates or aspires to regulate, all the relationships that exist between different states with each other and with other public entities of an international nature . , as well as the relationships that exist between the citizens of some states with others. This concept can and is applied to both the area of private international law and public international law and also implies the presence of an international community.that arises as a necessity before the relations that exist between the states .
It is a group of provisions that have been established to determine the norms that can be applied to legal relationships of which the subjective and objective elements are subject to the states .
- What does it consist of
- Characteristics of private international law
- History of private international law
- Importance of private international law
What does it consist of
The international law private is a legal framework which is composed of a series of conventions , different protocols of laws , patterns legislative guides , case law and other documents, which are responsible for regulating the relationship is between individuals within an international argument . The OAS , through the Secretariat for Legal Affairs, plays a very important role in harmonization , codification, and development.of private international law .
Characteristics of private international law
Among the main characteristics that we can observe in private international law are the following:
- It is one of the most important branches of law that includes two or more different national regions .
- It is a national law because countries have their own rules.
- Sometimes countries conflict over the rules they set.
- It is a positive right
- It can be found in various legal texts , mainly in the Civil Codes .
- It is common to find it in treaties that countries use to determine the best way to resolve conflicts of laws.
- It contains the term ” foreigner ” within the relationship that exists between the parties.
- It has the well-known Forum shopping , a practice of lawyers to propose the solution of their international disputes before the corresponding court.
The idea we have today regarding private international law, dating from the Middle Ages , specifically in the Italian school glosadores pros of the thirteenth century . The antecedents were the plurality of laws because there was the possibility of applying one law among several applied. It began to apply the law because of the quality of the person , and the different social groups that existed began to use their own laws depending on their race . The laws then began to acquire personality and territorialism , the Italian school also beganin the Middle Ages, the French school of the 16th century and the Dutch school of the 17th century, which increased the desire in the villages to have their own legislation .
History of private international law
In the Middle Ages , Italy had small states with their own legislation different from Roman law, and that were related to each other for commercial reasons , and that entered into conflict without knowing which statute was applicable. Two solutions then emerged , one proposed to apply the statute of the place where the conflict had occurred, applying the territoriality of the law, and the other demanded the application of the most just statute for the case.
Thus was born in Italy the first school to resolve these legal conflicts. The glossing school issued the Glosa de Acursio , an application of the law outside its own territory. The postglossers investigated the topic further. Bartolo de Sassoferrato determined that the form of contracts should be governed by the law of the place where it was celebrated and its accidental effects should be governed by the place of execution. The Italian school classified the statutes into territorial and extraterritorial. Mancini , in the nineteenth century maintained the application of the nationality lawperson, unless a contract is otherwise provided and contracts should be governed by the law of the place of their celebration .
The branches of private international law are the following:
- Right administrative international
- Right civil international
- Law Business International
- Right physical international
- Private international integration law
- Right labor International
- Law Criminal International
- Right procedural international
The principles of private international law are responsible for regulating the private relations that exist between states and are:
- The lex rei sitae : is the principle that legally governs real estate and real estate through the law regardless of where they are located.
- Locus regit actum : it is the principle that allows a legal act that has been issued abroad to be valid in a different state .
The sources of private international law are the following:
- Custom : acts that are done repeatedly over time and that become legal norms .
- The doctrine : that is the support from the scientific point of view that is given to private international law and that provides solutions to conflicts of laws through the study of current legal norms .
- Jurisprudence : it is the decisions of the courts or the courts to resolve disputes of an international character and is considered the main source of private international law.
- International treaties : they celebrate the laws of treaties and regulate conduct and obligations .
The main function of private international law is to act as a regulatory body in international private situations for both natural persons and legal entities . The object of this type of law is the legal relationships that can be connected with more than one legal system. It also regulates conflicts of an international nature, enforcement conflicts and determines the legal status of foreigners.
All States , international organizations , trust territories , the International Committee of the Red Cross, the Vatican , internal laws and individuals are subjects of private international law .
The doctrines are the interpretations of the legal norms or the decisions of the courts that form theories made by experts and that serve to give content to the laws. Among the doctrines there are the classic ones that are based on the particular rights that municipalities have, and there are modern doctrines based on the Anglo-American school and the German school .
Importance of private international law
Private international law is of great importance for the states since it is through it that the different adequate legal systems have been established in everything that concerns objects of their studies , nationality , on the condition of foreigners , conflicts of Laws , conflicts of jurisdictions , also makes it possible to have adequate relationships between states, with specific objectives, objects and subjects that distinguish it.
An example where we see the intervention of private international law may be the celebration of a marriage with a person of another nationality . When a foreigner is married, an international private situation arises and for this reason falls within the object of private international law.
When there is a divorce between people of different nationalities, in the adoption of minors who have a different nationality, in compensation for traffic accidents that occur in another country and contracts of companies of different nationalities.