Science of International Private Law: D’Argentré Theory of Statutes

Abstract

The article is devoted the well-known French jurist Bertrand D’Argentré (1519–1590) who in the literature of the international private law is considered the founder of the “classical” statutory doctrine. D’Argentré was the first who made a rigid division of all laws into personal, real and mixed statutes. The category of the mixed statutes is the most powerful contribution of D’Argentré to the development of the international private law. However, the scientist did not manage to develop any general criteria for solving problems of the conflict of laws. His theory lacks integrity and sequence; the category of the mixed statutes for D’Argentré has no specific concept. Despite it, later D’Argentré’s doctrine was widely referred to the legislations of many Western Europe countries of XVIII-XIXth centuries.