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Le Projet de code de Droit International Privé : Une vue d'Allemagne

Title data

Leible, Stefan ; Wilke, Felix M.:
Le Projet de code de Droit International Privé : Une vue d'Allemagne.
In: Revue critique de droit international privé. Vol. 111 (September 2022) Issue 3 . - pp. 503-514.
ISSN 0035-0958

Abstract in another language

From a German perspective, there is much in the French Draft Code of Private International Law (“Draft Code”) to be appreciated; in part, one can even be envious. Not only is there still room for a national PIL codification, but it can also enhance legal clarity, even where it only refers to applicable EU regulations. It is user-friendly to combine rules on procedure with conflict-of-laws provisions in one instrument and sensible to devote one part of the Draft Code to general provisions. The rules of the Draft Code on the PIL of contractual and non-contractual obligations as well as on companies in particular by and large could serve as models for German legislation. Conversely, here and there, German PIL rules might provide some inspiration for (minor) adjustments of and additions to the Draft Code. Some of the proposed rules, however, seem less than ideal. To allow renvoi only where at least one of the parties so demands neither serves legal clarity nor always makes life easier for the judge. The rule on lois de police could cause or perpetuate misunderstandings about their legal nature. It is doubtful whether a provision on fraude à la loi is truly necessary. To keep nationality as a connecting factor for jurisdiction can be considered particularly exorbitant. Yet all of this should not detract from the impressive and thought-provoking achievement that is the Draft Code

Further data

Item Type: Article in a journal
Refereed: No
Institutions of the University: Faculties > Faculty of Law, Business and Economics > Department of Law > Chair Civil Law IV - Civil Law, International Private Law and Comparative Law
Result of work at the UBT: Yes
DDC Subjects: 300 Social sciences > 340 Law
Date Deposited: 27 Sep 2022 07:46
Last Modified: 27 Sep 2022 07:46
URI: https://eref.uni-bayreuth.de/id/eprint/71975