Abstract

http://ssrn.com/abstract=1600774
 


 



Bartolus and the Conflict of Laws


Nikitas Hatzimihail


University of Cyprus - Department of Law; Université Libre de Bruxelles (ULB)

November 24, 2009

Revue Hellenique de Droit International, Vol. 60, pp. 12-79, 2007

Abstract:     
The treatment of issues pertaining to the personal and territorial reach of local statutes by Italian jurist Bartolus of Sassoferrato (1314-1357) has been widely regarded as foundational to the conflict of laws. This article presents a detailed examination of the Bartolan text and places it in historical and political context. It also establishes a working text and improves on previous English translations.

The article approaches Bartolan thought from two angles. It considers the principal notions in modern doctrinal literature regarding Bartolan and medieval conflict of laws: was Bartolus a unilateralist? did he think in terms of territoriality or personality, form/substance, party autonomy or decisional harmony?. Bartolan doctrine is also examined in the context of the legal and political environment of his time, notably with regard to the role of the ius commune and the transformation of medieval political structures.

Number of Pages in PDF File: 69

Keywords: conflict of laws, legal history, ius commune, comparative law, Bartolo da Sassoferrato, civil law, sovereignty, private international law

JEL Classification: K30, B31, K33, K19

Accepted Paper Series


Download This Paper

Date posted: September 20, 2010 ; Last revised: October 1, 2010

Suggested Citation

Hatzimihail, Nikitas, Bartolus and the Conflict of Laws (November 24, 2009). Revue Hellenique de Droit International, Vol. 60, pp. 12-79, 2007. Available at SSRN: http://ssrn.com/abstract=1600774

Contact Information

Nikitas Emmanuel Hatzimihail (Contact Author)
University of Cyprus - Department of Law ( email )
P.O. Box 20537
Nicosia, 1678
Cyprus
+357 22892923 (Phone)
Université Libre de Bruxelles (ULB) ( email )
CP 132 Av FD Roosevelt 50
Brussels, Brussels 1050
Belgium
Feedback to SSRN


Paper statistics
Abstract Views: 937
Downloads: 263
Download Rank: 65,354
People who downloaded this paper also downloaded:
1. The Characterization of Unjust Enrichment In the Conflict of Laws
By Stephen Pitel

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.454 seconds