Irina Get'man-Pavlova1
  • 1 National Research University Higher School of Economics, 20 Myasnitskaya Str., Moscow, 101000, Russian Federation

French Doctrine of Private International Law in the 18th century

2012. No. 2. P. 26–56 [issue contents]

Get'man-Pavlova Irina - Associate Professor, International Private Law Department, National Research University Higher School of Economics, Candidate of Juridical Sciences. Address: 20 Myasnitskaya Str., 101000, Moscow, Russian Fe­deration. E-mail: igetmanpav@hse.ru.

The article features the advantages and disadvantages of international law theory of statutes – a component of international law studies shown on the example of the French school of international private law (hereafter IPL) in the 18th century. The paper shows the cooperation between the representatives of the school with the parliaments of Paris and Burgundy and the attitude of French statutists to the problems of the conflict of laws theory. The author traces the development of the terminology, new to that time legal concepts including the laws of the country of citizenship. The analysis of views of leading French legal scholars reveals controversies and discussions. It has been stated that the French school interpreted Italian doctrine critically via the works of the Holland Schools adapts. The ideas of the French school tended to adapt natural law which dominated law and equity. The author argues that all the followers of the French school promoted to universal unity. However, soft spots have been revealed. In particular, Frolan failed to study a rich legal practice on international private law of the 18th century France. Scholastic method dominated in the works by Bullnoir who created artificial legal patterns. The author prefers the works by Bouye who managed to reflect the imperatives of the 18th century historic reality and focused on the theory of public order. Unlike the other representatives, Bouye approached closer to the ideas of international communication, social necessity and common benefit. The author makes a conclusion on a positive contribution of the French school of international private law to systematizing legal knowledge and legal science.

Citation: Get’man-Pavlova I. (2012) Frantcuzskaia doktrina mezhdunarodnogo chastnogo prava v XVIII veke [French Doctrine of Private International Law in the 18th century]. Pravo. Zhurnal Vysshei shkoly ekonomiki, no 2, pp. 26-56. (in Russian)
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