Carl Georg Von Wächter
Forthcoming in Elgar Encyclopedia of Private International Law (Jürgen Basedow et al. eds.)
19 Pages Posted: 11 Oct 2016 Last revised: 24 Nov 2016
Date Written: October 7, 2016
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
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