Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-94fs2 Total loading time: 0 Render date: 2024-11-10T04:52:45.600Z Has data issue: false hasContentIssue false

Chapter 2 - Material

from PART I - FOUNDATIONS

Published online by Cambridge University Press:  30 March 2019

Get access

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

    Access options

    Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

    Save book to Kindle

    To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

    Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

    Find out more about the Kindle Personal Document Service.

    • 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
    ×

    Save book to Dropbox

    To save 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 saving content to Dropbox.

    • 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
    ×

    Save book to Google Drive

    To save 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 saving 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
    ×