Carl Georg Von Wächter

Forthcoming in Elgar Encyclopedia of Private International Law (Jürgen Basedow et al. eds.)

Duke Law School Public Law & Legal Theory Series No. 2016-55

19 Pages Posted: 11 Oct 2016 Last revised: 24 Nov 2016

See all articles by Ralf Michaels

Ralf Michaels

Max Planck Institute for Comparative and International Private Law

Date Written: October 7, 2016

Abstract

Carl Georg von Wächter (1797-1880) was once considered 'one of the greatest German jurists of all times’, but was all but forgotten in the 20th century, despite an excellent dissertation on his work in private international law by Nikolaus Sandmann. In private international law, he is known mainly for his critique of earlier theories, in particular the theory of statutes. Positively, Wächter is mainly (and not accurately) known as a proponent of a strong preference for the lex fori and as such mainly presented in opposition to Friedrich Carl von Savigny’s theory (Savigny, Friedrich Carl von). Only recently has there been renewed interest in him. And in rereading, Wächter proves to be prescient for today’s state of the discipline.

Keywords: lex fori, Party autonomy, Savigny, theory, of statutes vested rights, politicization of private international law, delict

Suggested Citation

Michaels, Ralf, Carl Georg Von Wächter (October 7, 2016). Forthcoming in Elgar Encyclopedia of Private International Law (Jürgen Basedow et al. eds.); Duke Law School Public Law & Legal Theory Series No. 2016-55. Available at SSRN: https://ssrn.com/abstract=2849483

Ralf Michaels (Contact Author)

Max Planck Institute for Comparative and International Private Law ( email )

Mittelweg 187
Hamburg, D-20148
Germany

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