BARTOLUS ON THE CONFLICT OF LAWS TRANSLATED INTO ENGLISH BY JOSEPH HENRY
Item #: 1148
Published: Union; Lawbook Exchange, Ltd.; 2003.
Subjects: CONFLICT OF LAWS, COMPARATIVE LAW, ROMAN LAW
Probably the first doctrine on the conflict of laws, this isa portion of Bartolus's commentary on Justinian's Code andits glosses, his Supr Primam et Secundam Partem CodicisCommentaria. It takes into account local customs andstatutes, and contains what may be the first clearrecognition of the principle that the lex loci governs thevalidity of a legal act. Bartolus also appreciated thedistinction between laws effective only within the territoryand laws that might have operation outside the territory, adistinction that assumed great importance in latercontinental writings on the subject. Bartolus attempted toderive principles suitable to his time from the accumulatedlayers of local, feudal and Roman law.Reprinted by The Lawbook Exchange, Ltd.Distributed by William S. Hein & Co., Inc.