Foreword

PART ONE PRIVATE INTERNATIONAL LAW AS A SOCIAL PHENOMENON

Chapter 1 A General Survey

Chapter 2 The Legal and Sociological Aspects of Private International Law

1 Ontological and Gnoseological Aspects

2 Private International Law as a Social Phenomenon

3 The Prerequisites of the Origin and Existence of Private International Law

4 Private International Law and the Plurality and Co-Existence of States

5 The Problem of Foreign Element in Legal Relations

6 Prospects of Development

PART TWO HISTORICAL DEVELOPMENT OF THE CONCEPTS OF PRIVATE INTERNATIONAL LAW

Chapter 1 The Situation Prior to the Emergence of the Statutory Theory of Private International Law

l The Law of the Slave State and the Conflicts of Law

2 The Emergence of Tribal Laws and the Personal Principle

3 Feudalism and the Territorial Principle

Chapter 2 The Emergence and Initial Progress of the Statutory Theory

4 The Economic and Political Prerequisites

5 The Glossators

6 The Post-Glossators

7 Bartolus and Baldus

8 Bartholomeus de Saliceto, Paulus de Castro, Rochus Curtius

9 Conclusions

Chapter 3 French and Dutch Statutory Theory

10 Charles Dumoulin ?the French Successor of Bartolus

11 Reaction to Dumoulin's Doctrine-d'Argentre

12 French Authors of the 18th Century

13 The Statutory Theory in the Netherlands

14 Echoes of the Statutory Theory in Germany

15 Final Conclusions Regarding the Statutory Theory

Chapter 4 Development in the Period of Capitalism

16 General Comments

17 The French and Austrian Civil Codes

18 Wachter

19 Savigny's Theory

20 The Influence and Importance of Savigny

21 Mancini and His "National" School

22 Joseph Story and His Doctrine

PART THREE "UNIVERSALISM" AND "NATIONALISM" IN THE MODERN DOCTRINE OF PRIVATE INTERNATIONAL LAW ESPECIALLY IN NON-SOCIALIST STATES

Chapter 1 Introduction

l General Survey

2 Basic Historico-Sociological View

Chapter 2 The Main Views of the Doctrine of Public International Law on Private International Law

3 Basic Division

4 The Concept of Subjection of Private International Law to Public International Law

5 The Endeavour to Overcome the Extreme Position of Monistic Universalism

6 The Delegation Theory

7 An Assessment of the Monistic and Dualistic Concepts of Private International Law

8 Conclusion

Chapter 3 The Main Concepts of the Doctrine of Private International Law

9 The Controversy Between "Universalist" and "Nationalist"Trends

10 "Universalism" in the Doctrine of Private International Law

11 The Main Trends of the "Nationalist" Doctrine

Chapter 4 The Comparative Trend in Private International Law

PART FOUR THE OBJECT AND CHARACTER OF PRIVATE INTERNATIONAL LAW AND ITS PLACE IN THE SYSTEM OF LAW

Chapter 1 Introduction

Chapter 2 The General Characteristics of Private International Law and the Question of Its Object

Chapter 3 Links Between Private International Law and Other Branches of Law and the Question of the Place Private International Law Occupies in the System of Law

1 Theories Considering Private International Law as a Part of Public International Law and Their Evaluation

2 Theories Which Consider Private International Law as a Part of Municipal Law and Their Evaluation

3 The Soviet Discussion on the Object and Character of Private International Law

Chapter 4 The Place of Private International Law in the System of Law

PART FIVE COMPARATIVE JURISPRUDENCE, PRIVATE INTERNATIONAL LAW AND THE LAW OF INTERNATIONAL TRADE

Chapter 1 General Survey

Chapter 2 (Excursus)

Some Problems of Comparative Jurisprudence

1 The Development of Comparative Law

2 The Theoretical Discussion on the Nature of Comparative Jurisprudence

3 The Contemporary Problems, Character and Some Tasks of Comparative Jurisprudence

Chapter 3 The Role of Comparative Jurisprudence in Private International Law

Chapter 4 Some Notes on the Law of International Trade

PART SIX THE SUBSTANCE AND CHARACTER OF APPLICATION OF FOREIGN LAW

Chapter 1 Application of Foreign Law as the Consequence and Culmination of the Conflict Rule

Chapter 2 Application of Foreign Law and Domestic Law

1 The Anglo-American Doctrine and Practice

2 The Theory and Practice of European States

3 A Critical Assessment of the Opinion that Foreign Law Is a Fact

4 "Reception" of Foreign Law by Domestic Law

5 Conclusions

Bibliography

Index