Private International Law scholars have traditionally enjoyed a broad interpretative freedom. This reflected the recurrent attempt, typical of this area, to build self-sufficient systems of law, resting on autonomous principles. In contemporary Private International Law, such broad margins of discretion has reduced primarily as a result of the more analytical process triggered by the codified national rules and as a result of the - often impressive - development of uniform rules, notably within the European Union. Furthermore, in such fields as the law of personal status, the interpreter is required to accommodate the operation of private international law rules with the human concerns conveyed by constitutional and international law. Interpretative discretion in the field of Private International Law should therefore be reconsidered, bearing in mind both the mult-level system of sources and the material policies that affect the functioning of private international law rules.

Limiti e prospettive attuali della funzione interpretativa nel diritto internazionale privato

SALERNO, Francesco
2016

Abstract

Private International Law scholars have traditionally enjoyed a broad interpretative freedom. This reflected the recurrent attempt, typical of this area, to build self-sufficient systems of law, resting on autonomous principles. In contemporary Private International Law, such broad margins of discretion has reduced primarily as a result of the more analytical process triggered by the codified national rules and as a result of the - often impressive - development of uniform rules, notably within the European Union. Furthermore, in such fields as the law of personal status, the interpreter is required to accommodate the operation of private international law rules with the human concerns conveyed by constitutional and international law. Interpretative discretion in the field of Private International Law should therefore be reconsidered, bearing in mind both the mult-level system of sources and the material policies that affect the functioning of private international law rules.
Salerno, Francesco
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11392/2371653
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