- What is private international law?
- History of private international law
- Sources of private international law
- Object of private international law
- Characteristics of private international law
- Principles of private international law
- Public international law
We explain what private international law is and what its purpose is. Also, its history, sources, principles and other characteristics.
What is private international law?
Private international law is the branch of law dealing with international legal matters different from the relationship between the different state.
In other words, it deals with the resolution of conflicts international jurisdiction, conflicts of international laws, the cooperation international procedural law and the legal status of foreigners. That is, it intervenes in areas where there is a private interest or that occurs between private entities. For this reason it is often referred to as International Civil Law.
However, we must note that private international law, in many cases, far from resolving the issue in dispute, proceeds to determine which legal order among the countries involved should prevail to resolve the dilemma. That is to say, it always assumes a normative position.
This does not prevent that, faced with the dynamics of the global market and a world in constant globalization, arise within this branch of law more substantial changes and positions, aimed at promoting a new study of the legal relationships international private.
History of private international law
There are different positions regarding the origin of private international law. Some scholars place it in antiquity, especially in the legal systems of Ancient Greece or the Roman Empire, since of the Roman Law a significant percentage of our legal understanding is born.
On the other hand, according to other authors, this branch of law began in the 13th century, when the Bolognese jurist Francesco d'Accorso (1225-1293) imposed on the courts of the town of Modena the use, in certain cases, of the jurisprudence Bolognese. Thus he introduced for the first time the principle of the extraterritoriality of the State, and founded the existence of a private international law.
Sources of private international law
Private international law has two different source regimes, although the first is the one most used to settle conflicts. These regimes are:
- National sources. Those that have to do with the ordering of a single nation, that is, its laws internal, and that they are the emanates of its legislation, its jurisprudence and its traditions.
- International sources. Those that are specific to the international community, such as international treaties and conventions.
Object of private international law
This branch of law is aimed at the pursuit of harmony in the private legal regulations of the different States, among which there is a specific relationship of law.
This implies the guarantee of legal rights in the international sphere, both for private entities and for situations in which States act as private entities. So it is possible International Trade and the Justice through the application of local law and foreign law, as applicable.
Characteristics of private international law
In general terms, private international law is characterized by being:
- National. Well, each country dictates its own norms and approaches to international law, which is why there is room for conflict and mediation.
- Positive. Since its regulations are registered in the formal legal texts of each country, and even in those signed bilaterally or reciprocally between several countries.
- Particular. Regarding the term "foreigner" in their relations.
Principles of private international law
The great principles of private international law are four:
- Locus regit actum. In other words, “the place governs the acts”, it means that the actions will be legal or not depending on where they are carried out, since the legal framework of each country is its own.
- Lex loci rei sitae. In other words, "The law of the place where things are located", means that the goods will always be transferred according to the law of the place where they are located.
- Mobilia sequuntur personam. In other words, "Things follow people" means that things that are owned by a person are governed by the law by which that person is governed.
- Lex fori. In other words, “Law of the forum”, means that the law of the judge who discriminates against him will be applied to each conflict, that is, that of his State.
Public international law
The two main branches of international law, public and private, differ from each other in that they are interested in the legislation international from different points of view. It is the same distinction that exists within jurisprudence between private law and public Law.
On the one hand, private international law deals with the legal relations of the populations from different countries. On the other hand, public international law deals with relations between different countries and States, such as territorial conflicts or disputes between their respective sovereignties.