National sovereignties have been eroded in the last decades. Domestic systems of conflict of laws are no exceptions. While contributing with some remarks on certain evolving processes that are affecting the private international law systems, this paper notes that within the EU – however fragmentary its legislation in the field of civil justice may be – the erosion of national competences follows as a matter of course. It then argues that the EU points to setting up a common space in which inter alia fundamental rights and mutual recognition play a major role. Thus, a supranational system of private international law is gradually being forged with the aim to ensure the continuity of legal relationships duly created in a Member State. As a result, domestic systems of private international law are deemed to become complementary in character. Their conceptualization as a kind of inter-local rules, the application of which cannot raise obstacles to the continuity principle, appears logically conceivable.

Baratta, R. (2015). Note sull'evoluzione del diritto internazionale privato in chiave europea. RIVISTA DI DIRITTO INTERNAZIONALE PRIVATO E PROCESSUALE, 4/2015, 721-728.

Note sull'evoluzione del diritto internazionale privato in chiave europea

Roberto Baratta
2015

Abstract

National sovereignties have been eroded in the last decades. Domestic systems of conflict of laws are no exceptions. While contributing with some remarks on certain evolving processes that are affecting the private international law systems, this paper notes that within the EU – however fragmentary its legislation in the field of civil justice may be – the erosion of national competences follows as a matter of course. It then argues that the EU points to setting up a common space in which inter alia fundamental rights and mutual recognition play a major role. Thus, a supranational system of private international law is gradually being forged with the aim to ensure the continuity of legal relationships duly created in a Member State. As a result, domestic systems of private international law are deemed to become complementary in character. Their conceptualization as a kind of inter-local rules, the application of which cannot raise obstacles to the continuity principle, appears logically conceivable.
Baratta, R. (2015). Note sull'evoluzione del diritto internazionale privato in chiave europea. RIVISTA DI DIRITTO INTERNAZIONALE PRIVATO E PROCESSUALE, 4/2015, 721-728.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11590/385361
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