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Chapter 2 - Material

from PART I - FOUNDATIONS

Published online by Cambridge University Press:  30 March 2019

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Summary

Descriptive sections in comparative studies can easily become tedious. Yet transparency dictates not making reference to the provisions of domestic and EU law only in piecemeal fashion later on, where the brunt of references is relegated to the“low rumble of the footnote”. I will therefore try to navigate Scylla and Charybdis by first giving a brief overview of the private international law of each member state and of the EU itself, so that later references do not point to a vacuum.

Incidentally: the decision for not having fewer references, and thus slimmer footnotes, in the first place is based on the idea that not all sources compiled for this book will be available everywhere. More references for the same point increase the probability that every reader has access to at least some of the sources relied upon for my observations.

DOMESTIC PRIVATE INTERNATIONAL LAW

SCOPE OF THE OVERVIEW

In accordance with the overall approach of this book, the scope does not cover the legal, constitutional, or political order of the member states as a whole. Rather, it focuses on the following issues:

  • – Is there a legislative act, be it part of another act or stand-alone, dealing with different aspects of conflict of laws? In short, and shunning the many possible connotations of the term, is there a“code” of private international law?

  • – If so, does that code contain a separate set of provisions which it itself expressly deems “general”? (This formal perspective entails that the meaning of “general” can remain open for the time being.) What issues do the provisions in such a section deal with?

  • – If there is no code of private international law, are there issues which have nevertheless been identified as “general” or at least are dealt with separately from other sets of issues (and by whom/with what authority)?

  • Note that, in the interest of readability, I will use inverted commas as sparingly as possible outside of direct quotations (of which there will be quite a few).

    Type
    Chapter
    Information
    A Conceptual Analysis of European Private International Law
    The General Issues in the EU and its Member States
    , pp. 41 - 86
    Publisher: Intersentia
    Print publication year: 2019

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    • Material
    • Felix M. Wilke
    • Book: A Conceptual Analysis of European Private International Law
    • Online publication: 30 March 2019
    • Chapter DOI: https://doi.org/10.1017/9781780688121.004
    Available formats
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    • Material
    • Felix M. Wilke
    • Book: A Conceptual Analysis of European Private International Law
    • Online publication: 30 March 2019
    • Chapter DOI: https://doi.org/10.1017/9781780688121.004
    Available formats
    ×

    Send book to Google Drive

    To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive.

    • Material
    • Felix M. Wilke
    • Book: A Conceptual Analysis of European Private International Law
    • Online publication: 30 March 2019
    • Chapter DOI: https://doi.org/10.1017/9781780688121.004
    Available formats
    ×