Journal of Siberian Federal University. Humanities & Social Sciences: The Importance of Comparative Law with Reference to Private International Law

Journal of Siberian Federal University. Humanities & Social Sciences / The Importance of Comparative Law with Reference to Private International Law

Issue: Journal of Siberian Federal University. Humanities & Social Sciences. 2017 10 (6)
Authors: Solomon, Dennis
Contact information: Solomon, Dennis: University of Passau 41 Innstrasse, Passau, 94032, Germany;
Keywords: conflict of laws; private international law; characterisation; morning gift; non-state law; globalisation; choice of law; lex mercatoria; comparative law; comparative legal methods; lex mercatoria
Abstract: Despite often being decried as overly academic, comparative law is central to the entirely practical question of how to appropriately perform the private international law characterisation of foreign legal institutions. Whilst the traditional focus of both private international law and comparative law has been on state legal systems, this limitation appears increasingly narrow in a globalised world. Private international law could and should also consider the incorporation of the myriad normative orders of transnational and non-state (i.e. religious, social, organisational etc.) origin that dictate the laws of human coexistence. In tackling this, the onus would be on the field of comparative law to ensure an appropriate incorporation of non-state law based on a comprehensive understanding of each non-state norm’s original regulatory context
Pages: 786-792
Paper at repository of SibFU: https://elib.sfu-kras.ru/handle/2311/33302