Paper's abstract

Jacques Foyer, Case Law in International Private Law Between Creation and Adaptation of the Legal Rule
Private international case law went through two successive periods. In a first stage starting at the beginning of the 19th century till the middle of the 20th, it really has a creative function: it invents special rules to resolve conflicts of law and courts and above all the general solving methods. In the second stage starting in the middle of the 20th century, it mainly adapts rules it did not create. However in this function, case law is not deprived of all creativity.

Key Words : Private International, law, conflicts of laws, invention, adaptation , case law
t. 50, 2007 : p. 261-276

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