A Treatise On the Conflict of Laws Or, Private International Law

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SCOPE AND NAME OF THE SUBJECT 15 is for the law to settle which one shall yield. He cites as analogous the similar phrase, conflict of jurisdiction.
The phrase is coming to be rather commonly apphed (as it properly applies) to only one portion of the subject ; that portion which determines which law of two possible laws governs a certain relation in question. Thus Professor Pillet 1 divides his work into three parts: 1. The Condition of Foreigners ; 2. The Conflict of Laws ; 3. The Eff
...ect in other Countries of Juridical Acts. This narrow use is doubt- less the more correct. The phrase Conflict of Laws exactly applies to only a portion of the principles usually dealt with under the title.
§ 13. Criticism of Names suggesting International Char- acter. — The adoption of the name " private international law " was no doubt a result of the great stress laid upon nationaUty in the Code Napollon. The local laws dis- appeared from France ; all conflicts came to be differences between the laws of different nations, and therefore, to French authors, took on an international character.


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