Conflicts of conventions and Community acts in private international law: the point of view of the State judge.

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Publication date
2002
Publication type
Thesis
Summary Any conflict of conventions and community acts of private international law embodies two kinds of conflicts: conflicts of norms of private international law in state legal orders, on the other hand or conflicts of inter-state norms in extra-state legal orders. The identification of the first one supposes the consideration of the field of the norms and the examination of their structure and their legality. The characterization of the second one requires the observation of the previous one. It requires, moreover, that the inter-state norms in question are obligatory. The principles of solution resulting from the extra-state legal orders prove to be inapplicable because inadequate. The same cannot be said of those applicable in the state legal orders. These principles must be ranked in a hierarchy. The solution of conflicts of inter-state norms often depends on the solution given to conflicts of norms of private international law.
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