Comprehensive and accessible, this book offers a concise synthesis of the evolution of law in Western Europe, from ancient Rome to the early twentieth century. It places the law in the broader context of Europe`s political, economic, social and cultural developments. The chapters provide a solid and easy-to-understand structure and are organized according to civil and customary law systems. Each chapter is based on the development of the four sources of law: jurisprudence, legislation, courts and customary law, chronologically in the respective historical context. Bart Wauters and Marco de Benito, in this in-depth account of the main determinants of European legal history, allow readers to understand how law emerged and developed in Europe as a common language, of which its various national laws are only dialectal expressions – with the possible exception of English common law. whose specificity is also due to coincidences of history. that are self-studied. With its elegant comparative approach, this book will appeal to students and scholars of European law who are looking for a concise but erudite account of the history of law in Europe. Keywords: Private, international, law, theory, statues, sixteenth century, Belgian, realism, connection, factors read See: Pierre Arminjon.
Précis de droit international privé, ed. Dallaz, Paris 1925, p. 40. Private international law (IPR) “in our time is national law and its sources are laws, customs and precedents. In its early days, private international law emerged as superior national law with case law as its source. i The source of IPRs and its increasingly important doctrine were established centuries earlier than domestic law as a solution for regulating private legal relationships in the context of foreign law. Today, the IPA is one of the most scientifically oriented areas of law. As the Russian scholar L. Luntz once wrote: “References to theoretical writings on private international law are much more common in court decisions than in court discussions in any other area of law. In private international law, the difficulties in resolving a variety of issues and gaps in the legislation of almost all countries are so great that in IPRs and not in any other area of law, the study of the work of legal theorists is necessary and important not only theoretically, but also practically. ii Everhard clearly prioritizes the right to the actual place of performance, especially in the event of unintended consequences.
In most cases, Everhard defines the place of actual performance of the contract as the place of payment. For the payment of interest, the law of the place of payment applies. A debtor who has not fulfilled his obligations is automatically liable under the law of the place where his debt is to be settled. It is a “special place of payment” and “interest” is entitled to it, since “interest is the origin”. Everhard was one of the first in the conflict-of-laws literature to express the idea that the “law might have an interest,” in other words, the application of another law is intended to achieve the objectives of that law, which in turn reflects the policy behind the law. In the 20th century, the idea of applying the “most self-serving law” emerged in the “public interest” theory of B. Currie, the leading ideologue of the American choice of law revolution. Pieter Peck (1529-1589) was born in Zierikzee (a province of Zeeland) and died in Mechelen.xxxi Bartolist`s influence also appears in Everhard`s general research methodology as well as in his use of dialectics and methods of scholastic technique.
His analysis of the conflict of laws of different countries was based on the typical bartolistic method of distinguishing, expanding and limiting (distinctions, ampliations, limitations). Everhard only analyzed the interlocal legal conflicts arising from the relations between the different Dutch provinces. The main problem of a real international conflict of laws could not have interested the scholar, because the need to resolve the conflicts of laws of different countries arose only in the 17th century. In analyzing conflicts in provincial customs, Everhard is consistent with concepts established in the 14th century that all statues are divided into two groups based on their subject of regulation: personal statues, which define the legal status of people, and actual statues, which define the legal status of property.